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HomeMy WebLinkAbout03.08.2017 City Council AgendaMarch 8, 2017, City Council Agenda Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: March 8, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: March 22, 2017 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. 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 – February 22, 2017 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman David Williams Jr., - Science and Engineering Fair Acknowledgements F-2) City Manager – Annual Audit Report 1 of 179 March 8, 2017, City Council Agenda Page 2 (G) PUBLIC COMMENTS (2 minutes each) (H) ORDINANCE(S) FOR FIRST READING/ PUBLIC HEARING(S): H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING ARTICLE XV, DIVISION 7 OF CHAPTER 34 OF THE CODE OF ORDINANCES (“STADIUM ZONING DISTRICT”), TO BE ADMINISTERED BY THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY; PROVIDING FOR PERMITTED USES, SETBACKS, LOT SIZE, PARKING, SIGNAGE, AND OTHER REGULATIONS GOVERNING THE DISTRICT; PROVIDING PROCEDURES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FROM VICE MAYOR IGHODARO’S SPECIAL EVENT ACCOUNT, FOR THE PURPOSE SUPPORTING THE CELEBRATION OF MIAMI GARDENS GOLDEN PROM EVENT TO BE HELD ON SATURDAY, MAY 20, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR ERHABOR IGHODARO K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACKNOWLEDGING THE APPOINTMENT OF DEIRDRE T. ANDERSON TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN RODNEY HARRIS) 2 of 179 March 8, 2017, City Council Agenda Page 3 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN MEMORANDUM OF UNDERSTANDING WITH THE MIAMI-DADE COUNTY HOMELESS TRUST TO REDUCE AND PREVENT HOMELESSNESS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2016-2017 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) FUNDS TO CITRUS HEALTH NETWORK IN THE AMOUNT OF FORTY-FIVE THOUSAND DOLLARS ($45,000.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE THREE THOUSAND DOLLARS ($3,000.00) GRANT AWARD FROM THE NATIONAL ASSOCIATION OF REALTORS FOR THE PLACEMAKING GRANT PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO THE ACCEPTANCE OF THIS GRANT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CHEN MOORE & ASSOCIATES, INC., FOR GIS SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CRAVEN THOMPSON & ASSOCIATES, INC., FOR CIVIL ENGINEERING, GIS, AND SURVEY SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) 3 of 179 March 8, 2017, City Council Agenda Page 4 K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CPZ ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CSA CENTRAL, INC., FOR ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC., FOR CIVIL AND TRAFFIC ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH SGM ENGINEERING, INC., FOR ELECTRICAL AND MECHANICAL ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH TRC, LLC, FOR STRUCTURAL ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH ACAI ASSOCIATES, INC., FOR ARCHITECTURAL DESIGN, ELECTRICAL, MECHANICAL, AND STRUCTURAL ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 4 of 179 March 8, 2017, City Council Agenda Page 5 K-14) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH BERMELLO AJAMIL & PARTNERS, INC., FOR ARCHITECTURAL, LANDSCAPE ARCHITECTURAL, AND CONSTRUCTION ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-15) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CALVIN GIORDANO & ASSOCIATES, INC., FOR CIVIL ENGINEERING, LANDSCAPE ARCHITECTURAL, CONSTRUCTION ENGINEERING, PLANNING SURVEY, TRAFFIC ENGINEERING, AND OTHER ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-16) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2015-2016 ANNUAL AUDIT REPORT FROM THE CITY’S AUDITOR, ANTHONY BRUSON, P.A.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-17) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THAT CERTAIN WORK AGREEMENT NO 2 WITH KEITH & SCHNARS, P.A. FOR CRA SERVICES IN AN AMOUNT NOT TO EXCEED EIGHTY-NINE THOUSAND, FOUR HUNDRED EIGHTY-FIVE DOLLARS (89,485.00); AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS NEEDED BASIS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S) None QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE: 5 of 179 March 8, 2017, City Council Agenda Page 6 (M) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(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 P-1) MGPD Monthly Report – January 2017 (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. 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. 6 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: 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 Oliver Gilbert, Mayor Department: Office of the Mayor & Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING ARTICLE XV, DIVISION 7 OF CHAPTER 34 OF THE CODE OF ORDINANCES (“STADIUM ZONING DISTRICT”), TO BE ADMINISTERED BY THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY; PROVIDING FOR PERMITTED USES, SETBACKS, LOT SIZE, PARKING, SIGNAGE, AND OTHER REGULATIONS GOVERNING THE DISTRICT; PROVIDING PROCEDURES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City and the County executed a Settlement Agreement, approved by the Board of County Item H-1) Ordinance First Reading/ Public Hearing Stadium Rezoning 7 of 179 18605 N W 27th Avenue Miami Gardens, Florida 33056 Commissioners and the City Council by Resolution No. 2016-113-3012 between the City, the County, the owners of certain properties surrounding Hard Rock Stadium, and the operator of Hard Rock Stadium (the “Settlement Agreement”). As part of this Settlement Agreement, the City of Miami Gardens presented an amendment to the City’s Charter to the City’s electorate for approval, and that amendment was approved by the electorate of the City in August 2016. The Settlement Agreement and the amendment to the City’s Charter require a zoning ordinance for the Stadium Properties that would be adopted by both the County and the City. That is the purpose of this item. There is also a companion item to this Ordinance that will change the actual zoning on the property. The intent of this ordinance is to generally carry forward the allowable uses under the current zoning district for the Stadium Properties, with certain limitations and exceptions, and in a form which allows for ease of use by the City and the County, as applicable, consistent with the procedures provided for in the Ordnance. Proposed Action: That the City Council adopt the attached Ordinance. Attachment: 8 of 179 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING ARTICLE XV, DIVISION 7 OF CHAPTER 34 OF THE CODE OF ORDINANCES (“STADIUM ZONING DISTRICT”), TO BE ADMINISTERED BY THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY; PROVIDING FOR PERMITTED USES, SETBACKS, LOT SIZE, PARKING, SIGNAGE, AND OTHER REGULATIONS GOVERNING THE DISTRICT; PROVIDING PROCEDURES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens (the “City”) was incorporated in 2003, and as a 1 part of that incorporation process, the Board of County Commissioners (the “Board”) placed the 2 proposed City’s Charter before the electorate in the area now known as the City of Miami 3 Gardens, and 4 WHEREAS, Section 9.6 of the City’s Charter contained certain pre-agreed conditions 5 related to jurisdiction over the facility currently known as Hard Rock Stadium and certain 6 properties surrounding Hard Rock Stadium, as described in Appendix C to the City’s Charter 7 (“Appendix C”)(“Stadium Properties”), including preservation of County development approvals 8 set forth in Development of Regional Impact Development Order Resolution No. Z-210-85, as 9 amended, and 10 WHEREAS, in 2014, the City sued the County in an effort to establish and enforce its 11 right to exercise greater jurisdiction over the Stadium Properties, and 12 13 14 9 of 179 2 Added language is underlined. Deleted language is stricken through. WHEREAS, the City and the County executed a settlement agreement, approved by the 15 Board of County Commissioners and the City Council by Resolution No. 2016-113-3012 16 between the City, the County, the owners of certain properties surrounding Hard Rock Stadium, 17 and the operator of Hard Rock Stadium (the “Settlement Agreement”), and 18 WHEREAS, as part of this Settlement Agreement, the City of Miami Gardens presented 19 an amendment to the City’s Charter to the City’s electorate for approval, and that amendment 20 was approved by the electorate of the City in August 2016, and 21 WHEREAS, the Settlement Agreement and the amendment to the City’s Charter require 22 a zoning ordinance for the Stadium Properties that would be adopted by both the County and the 23 City, and 24 WHEREAS, the City will adopt a companion item to this Ordinance creating the zoning 25 district to the specific property; and 26 WHEREAS, the intent of this ordinance is to generally carry forward the allowable uses 27 under the current zoning district for the Stadium Properties, with certain limitations and 28 exceptions, and in a form which allows for ease of use by the City and the County, as applicable, 29 consistent with the procedures provided for herein, 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 31 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 32 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 33 paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a 34 specific part of this Ordinance. 35 10 of 179 3 Added language is underlined. Deleted language is stricken through. Section 2: CREATION OF ARTICLE: Article XV, Division 7 of Chapter 34 36 of the Miami Gardens Code of Ordinances is hereby created to read as follows: 37 38 11 of 179 4 Added language is underlined. Deleted language is stricken through. ARTICLE XV. - DIVISION 7 - STADIUM ZONING 39 ORDINANCE – S, STADIUM DISTRICT 40 Sec. 34-601. Short title. 41 This article shall be known and may be cited as the “Stadium 42 Zoning Ordinance.” 43 44 Sec. 34-602. Purpose, intent, and applicability. 45 1. This article applies to the area bounded by N.W. 203rd 46 Street on the north, the Florida Turnpike on the east, N.W. 47 195th Street on the south, and N.W. 27th Avenue on the 48 west, hereinafter referred to as the Stadium District (S 49 District). A more detailed legal description of this boundary 50 is maintained on file with the Miami-Dade County 51 Department of Regulatory and Economic Resources or 52 successor entity (the “County Department”) and with the 53 City of Miami Gardens Planning and Zoning Department 54 (the “City Planning and Zoning Department”). 55 2. The purpose of the S District is to provide for a wide range 56 of large-scale commercial, institutional, residential, 57 attraction and other uses, including a regional stadium 58 facility. The regulations for the S District shall be 59 administered primarily by the City of Miami Gardens and 60 also Miami-Dade County, as provided in the Procedures 61 section of this article. The intent of the S District is to 62 generally carry forward the allowable uses under the prior 63 zoning district, with the exceptions and limitations 64 specified herein, in a format that may be administered by 65 the City and the County, as applicable and as provided 66 herein. Certain cross-references to the City of Miami 67 Gardens Code and to the Code of Miami-Dade County are 68 included in this article to clarify the applicable procedures 69 and provisions; all references to the “City” shall refer to the 70 City of Miami Gardens, and all references to the “County” 71 shall refer to Miami-Dade County. Nothing herein shall 72 create an exception to or otherwise vary any Countywide 73 regulations that otherwise exist pursuant to the Code of 74 Miami-Dade County, the Miami-Dade Comprehensive 75 Development Master Plan, or the Miami-Dade County 76 Home Rule Charter. 77 12 of 179 5 Added language is underlined. Deleted language is stricken through. 3. Sub-Districts. The S District is comprised of two sub-78 districts: the Stadium Inner Sub-District and the Stadium 79 Outer Sub-District. These Sub-Districts control land use 80 and intensity of development that may take place. Unless 81 otherwise specified in this article, the regulations herein 82 apply to both Stadium Sub-Districts. 83 84 4. Sub-District Plan. The Sub-District Plan (Figure 1), shows 85 the boundaries of the S District and the Sub-Districts and 86 may be used to better interpret this article. Where there is 87 conflict between the Sub-District Plan and the text of this 88 article, the text shall govern. Full-scale maps of the Plan, 89 and the boundaries of the sub-districts, are on file with the 90 County Department and the City Planning and Zoning 91 Department. 92 13 of 179 6 Added language is underlined. Deleted language is stricken through. Figure 1: S District, Sub-District Plan 93 94 95 14 of 179 7 Added language is underlined. Deleted language is stricken through. 96 Sec. 34-603. Uses permitted. 97 No land, body of water and/or structure shall be used or permitted 98 to be used, and no structure shall be hereafter erected, constructed, 99 reconstructed, moved, occupied or maintained for any purpose in 100 the S District except for one or more of the following uses, subject 101 to the prohibited uses enumerated in subsection (18) below: 102 1. Accommodation Uses: Facilities that provide short-term 103 lodging, including hotels, motels, rooming houses, bed and 104 breakfasts, and similar uses. 105 2. Automotive Uses: Sales of new and used automobiles (not 106 including open lot car sales new or used); automotive 107 shows, races, and exhibitions; and gas stations or other 108 form of stations used for the powering/charging of 109 automobile vehicles. Upon approval as a Special Exception 110 by the City, pursuant to Section 34-48 of the City Code, the 111 following uses may also be permitted: establishments 112 specializing in the service or repair of automobiles; 113 automobile tire sales and replacement; and automobile 114 parts sales and installation. For auto service, auto repair or 115 drive-throughs to be located within .25 miles of a premium 116 transit corridor or premium transit station, administrative 117 site plan approval shall be required to assure that the 118 proposed site plan is conducive to public transit ridership. 119 3. Child Care Facilities: Institutions that provide child care 120 and/or instruction from the infant level through the 121 secondary school level and that do not come under the 122 direct operation and administration of the Miami-Dade 123 County School Board or the State of Florida. 124 4. Civic Uses: Uses that are accessible to the public and serve 125 the religious, recreational, educational, cultural, and/or 126 governmental needs of the community. Civic uses include, 127 but are not limited to: convention halls or meeting halls; 128 private clubs; post offices; clubhouses; religious buildings; 129 museums; athletic facilities (e.g. stadiums, arenas, fitness 130 centers, fields, etc.); auditoriums, theaters, and other visual 131 and performance arts buildings; and governmental 132 facilities. 133 15 of 179 8 Added language is underlined. Deleted language is stricken through. 5. Private Colleges/Universities: Facilities that serve the 134 educational needs of the adult population. This group shall 135 include universities; colleges; commuter colleges; and trade 136 schools. 137 6. Commercial Parking: Structures and/or surface lots that 138 provide parking as the primary on-site use. These facilities 139 offer short-term parking of vehicles and may charge a fee 140 for such use. This group includes: shared parking facilities; 141 shuttle parking facilities; and transit park-and-ride 142 facilities. This group shall not include parking facilities that 143 are ancillary to another on-site use. 144 7. Health Care Services: Facilities that provide out-patient 145 health care services to the local community. These facilities 146 shall include: clinics; doctor's office; dentist's offices; 147 federally qualified health centers; urgent care facilities; 148 diagnostic centers, including sleep centers; and similar 149 uses. These facilities shall not provide in-patient care. 150 8. Entertainment Uses: Uses in this group shall include: 151 nightclubs; arcades; movie theaters; performance theaters; 152 radio, movie and/or television studios; billiard halls; 153 skating rinks; bingo halls; piano bars; bowling alleys; and 154 similar uses. 155 9. Food/Beverage Establishments (with or without a drive-156 through): This group shall include: full service restaurants; 157 fast food restaurants; and breweries, distilleries, bars and 158 pubs, including tap rooms and tasting rooms for such 159 breweries and distilleries. For drive-through restaurants to 160 be located within .25 miles of a premium transit corridor or 161 premium transit station, administrative site plan approval 162 shall be required to assure that the proposed site plan is 163 conducive to public transit ridership. 164 10. General Retail/Personal Service Establishments: 165 Establishments that provide goods and services geared 166 toward an individual consumer, with or without a drive-167 through. This group shall include businesses such as: 168 banks; beauty parlors; bakeries; bookstores; apparel stores; 169 grocery stores; pharmacies; tailor shops; health clubs; gift 170 shops; and indoor pet care centers. This group shall also 171 include schools offering instruction in dance, music, 172 martial arts, and similar activities, but this group shall not 173 16 of 179 9 Added language is underlined. Deleted language is stricken through. include colleges/universities. For drive-through 174 establishments to be located within .25 miles of a premium 175 transit corridor or premium transit station, administrative 176 site plan approval shall be required to assure that the 177 proposed site plan is conducive to public transit ridership. 178 11. Live/work Unit: An individual residential unit integrated 179 with a general retail/personal service establishment, 180 professional business office, or workshop. 181 12. Professional Business Offices: Facilities used primarily for 182 the business of professionals with only limited transactions 183 occurring on-site. This group shall include offices for: 184 accountants; architects; appraisers; attorneys; consulates; 185 financial firms; insurance adjusters; realtors; medical 186 offices; and other similar uses. 187 13. Residential Uses: Rowhouses and multifamily residential 188 uses. 189 14. Workshop: an enclosed workplace on the ground floor area 190 of a building used as an office or for the manufacturing of 191 artifacts and crafts, utilizing only hand held or table-192 mounted electrical tools. 193 15. To the extent not otherwise permitted in this section, all 194 uses permitted in the PCD District and the Entertainment 195 Overlay (EO) District, as provided in sections 34-287 196 through 288 and sections 34-598 through 600 of the City 197 Code, as such may be amended from time to time. 198 16. To the extent not otherwise permitted in this section, all 199 uses authorized as special exceptions within the PCD 200 District, as provided in the City Code, subject to the City’s 201 special exception approval requirements and procedures. 202 17. Such other uses as may be determined to be similar to those 203 enumerated above by the Director of the City Planning and 204 Zoning Department. 205 18. Notwithstanding the foregoing, the following uses are not 206 permitted within the S District: 207 (a) Adult day care centers 208 17 of 179 10 Added language is underlined. Deleted language is stricken through. (b) Agricultural uses 209 (c) Attended nonmotorized donation collection vehicles 210 (d) Bait and tackle shops 211 (e) Boats carrying passengers on excursion, 212 sightseeing, pleasure or fishing trips 213 (f) Dairy stores 214 (g) Jewelry loan centers or pawnbrokers 215 (h) Mail order offices, without storage of products sold 216 (i) Medical observation dormitories, other than sleep 217 centers 218 (j) Propagating and growing plants for sale 219 220 Sec. 34-604. Setbacks. 221 The following setbacks shall apply in the S District: 222 1. Front – 20 feet 223 2. Side street – 15 feet 224 3. Interior side – Shall apply only to business or industrial 225 uses. The wall along the side property line shall be 226 constructed in accordance with the Florida Building Code. 227 Interior side setbacks shall be: 228 (a) 5 feet where any openings are provided in the wall of the 229 proposed structure, adjacent to the interior side property lot 230 line; 231 (b) 10 feet for such portions of the business structure as are 232 devoted to residential use; and 233 (c) 15 feet where the adjacent property is zoned single-family 234 residential, pursuant to the City’s zoning regulations. 235 4. Rear – Rear setbacks shall be: 236 18 of 179 11 Added language is underlined. Deleted language is stricken through. (a) 20 feet from a residential district boundary, except 237 that credit shall be given for the full width of 238 dedicated alleys in computing this setback. 239 (b) 5 feet from a business or industrial district 240 boundary, pursuant to the City’s zoning regulations, 241 or from other S District property, where any 242 openings are provided in wall of proposed structure, 243 adjacent to rear lot line. 244 (c) 0 feet from business or industrial district boundary, 245 pursuant to the City’s zoning regulations, or from 246 other S District property, where no openings are 247 proposed in wall of proposed structure, adjacent to 248 rear lot line. 249 (d) Accessory buildings shall be subject to the same 250 setbacks as principal structures. 251 5. Between buildings – 20 feet. 252 6. A building containing residential uses or mixed residential-253 business uses shall comply with setbacks required for the 254 equivalent residential district pursuant to the City’s zoning 255 regulations. 256 257 Sec. 34-605. Lot Size. 258 1. Minimum lot frontage – 50 feet; but 75 feet for a corner lot 259 2. Minimum lot area – 5,000 square feet; but 7,500 square feet 260 for a corner lot 261 262 Sec. 34-606. Height, floor area ratio and lot coverage. 263 The permitted height, density, and intensity of development within 264 the S District shall be as set forth within the City of Miami 265 Gardens Comprehensive Plan; provided, however, that until the 266 City of Miami Gardens Comprehensive Plan is amended to permit 267 floor area ratios higher than 3.0, the floor area ratio for the S 268 District shall be 3.0. Mall areas, whether enclosed or unenclosed, 269 19 of 179 12 Added language is underlined. Deleted language is stricken through. shall not count as part of the floor area for floor area ratio 270 computation purposes, nor as part of the lot coverage. 271 Sec. 34-607. Signage. 272 Signage within the S District shall be as provided for BU Districts 273 in Chapter 34, Article VI of the Code of Miami-Dade County, as 274 such may be amended from time to time, subject to the following: 275 1. Class C billboards, as defined in the Code of Miami-Dade 276 County, shall not be permitted. 277 2. Internally-oriented directional and internally-oriented 278 wayfinding signs for the stadium may be permitted without 279 limitation as to the number, size, location, setback, or 280 height of such signs, provided, however, that any such 281 signs shall be consistent with the customary height and 282 size limits of the directional and wayfinding signs for the 283 stadium. In addition, all such signs shall comply with all 284 other applicable requirements, including but not limited to 285 applicable City or County Public Works regulations and the 286 Americans with Disabilities Act. No minimum number of 287 buildings is required for such signage. Such signs may 288 include a stadium or sponsor logo, provided that the logo 289 does not exceed 75% of the area of the sign. 290 291 Sec. 34-608. Off-Street Parking. 292 Minimum number of off-street parking spaces for the following 293 uses within the S District shall be as provided in this section. For 294 all other uses, the minimum number of off-street parking spaces 295 shall be as set forth in Chapter 34, Article XII of the City Code. 296 1. Rowhouses and multi-family: 297 (a) 1.50 parking spaces for each guest room, efficiency, 298 or 1-bedroom unit. 299 (b) 1.75 parking spaces for each 2-bedroom unit. 300 (c) 2.0 parking spaces for each 3- or more bedroom 301 unit. 302 20 of 179 13 Added language is underlined. Deleted language is stricken through. 2. Churches. At least 1 parking space for each 100 square feet 303 or fractional part thereof of the seating area in the main 304 auditorium/sanctuary, including adjacent areas which may 305 be used as part of the auditorium/sanctuary. 306 3. Commercial: 307 (a) Retail – Food or grocery stores, drug and sundry 308 stores, department stores, membership warehouses, 309 retail stores, retail stores similar to the foregoing, 310 banks, post offices, mortuaries, funeral homes, 311 waiting rooms stations for common carriers, and 312 shopping centers shall have parking at a rate of 1 313 parking space for each and every 250 square feet of 314 the gross floor area or fractional part thereof. All 315 retail uses within enclosed malls in excess of 316 300,000 square feet shall provide parking at the rate 317 of 1 parking space for each and every 350 square 318 feet of the gross floor area or fractional part thereof, 319 excluding theaters, restaurants, and food courts, 320 which shall provide parking as required for such 321 uses. 322 (b) Auto dealership showrooms, garage and gas station 323 bay areas, and similar uses shall have 3 parking 324 spaces for the first 2,500 square feet of floor area, or 325 fractional part thereof, and 1 parking space for each 326 additional 500 square feet of gross floor area, or 327 fractional part thereof, plus 3 parking spaces for 328 each 5,000 square feet, or fractional part thereof, of 329 open lot area. Office and retail parts areas shall have 330 parking spaces as otherwise contained in this article. 331 Customer and employee parking shall be labeled as 332 such. 333 (c) Furniture showrooms shall have 3 parking spaces 334 for the first 2,500 square feet of gross floor area, or 335 fractional part thereof, and 1 parking space for each 336 additional 500 square feet of gross floor area or 337 fractional part thereof. 338 (d) Open lot commercial uses such as, but not limited 339 to, used car lots, storage yards, and recreational 340 vehicle sales lots shall have 5 off-street parking 341 spaces for the first 5,000 square feet of net lot area, 342 21 of 179 14 Added language is underlined. Deleted language is stricken through. or fractional part thereof and 1 parking space for 343 each additional 500 square feet of net lot area so 344 used. These spaces shall be reserved for customer 345 and employee parking only, and shall be labeled as 346 such. 347 (e) Wholesale showrooms shall have 1 parking space 348 for each 600 square feet of showroom area, or 349 fractional part thereof. 350 4. Restaurants, lounges, nightclubs, or similar places 351 dispensing food, drink or refreshments. 352 (a) Table service establishments shall have 1 parking 353 space for each 100 square feet of floor area or 354 fractional part thereof devoted to patron use. 355 (b) Take-out establishments shall have 1 parking space 356 for each 250 square feet of gross floor area, or 357 fractional part thereof. 358 5. Stadiums shall have at least 1 parking space for each 6 359 seats. 360 6. Theaters, including movie theaters, and general auditoriums 361 shall have 1 parking space for each 100 square feet of 362 auditorium seating area or fractional part thereof. 363 7. Office, medical offices, medical clinics, professional 364 building, or similar uses shall have 1 parking space for each 365 300 square feet of gross floor area of such building or 366 fractional part thereof. 367 8. Housing for low and/or moderate income for older persons 368 and/or persons with disabilities. 369 (a) For any publicly owned or non-profit apartment 370 building exceeding 4 units providing housing for 371 elderly persons or persons with disabilities that is 372 developed and financially assisted under the United 373 States Housing Act of 1937, 0.50 parking spaces 374 shall be provided for each dwelling unit in the 375 apartment building. 376 22 of 179 15 Added language is underlined. Deleted language is stricken through. (b) For any other apartment building exceeding 4 units 377 providing low and/or moderate income housing for 378 older persons as defined by the Fair Housing Act, 379 42 U.S.C. § 3607, 1 parking space shall be provided 380 for each dwelling unit in the apartment building. 381 (c) If it is determined by the Director of the City 382 Department at the time of annual renewal of 383 certificate of use that the parking reduction 384 permitted pursuant to subsections (1) or (2) above 385 does not allow adequate parking for the apartment 386 building, the owner must increase the number of 387 parking spaces to fulfill the needs as determined by 388 the Director of the City Planning and Zoning 389 Department. 390 Sec. 34-609. Declaration of restrictive covenant, procedures 391 for the City of Miami Gardens. 392 The following procedures shall apply with respect to the City of 393 Miami Gardens for the S District, and all references to 394 administrative officials and departments shall be interpreted to 395 refer to the City of Miami Gardens: 396 1. In lieu of a unity of title, the City may impose a condition 397 of approval requiring a declaration of restrictive covenants. 398 Such declaration of restrictive covenants shall be on an 399 approved legal form and approved by the City Attorney for 400 sufficiency. The declaration of restrictive covenants shall 401 run with the land and be binding upon the heirs, successors, 402 personal representatives, and assigns, and upon all 403 mortgagees and lessees and others presently or in the future 404 having any interest in the property. 405 2. The declaration shall contain, but not be limited to, the 406 following necessary elements: 407 (a) That the subject site will be developed in substantial 408 accordance with the approved site plan. That if the 409 subject property will be developed in phases, that 410 each phase will be developed in substantial 411 accordance with the site plan. 412 (b) That in the event of multiple ownerships subsequent 413 to site plan approval, that each of the subsequent 414 23 of 179 16 Added language is underlined. Deleted language is stricken through. owners shall be bound by the terms, provisions and 415 conditions of the declaration of restrictive 416 covenants. The owner shall further agree that he or 417 she will not convey portions of the subject property 418 to such other parties unless and until the owner and 419 such other party shall have executed and mutually 420 delivered, in recordable form, an instrument to be 421 known as an "easement and operating agreement" 422 which shall contain, among other things: 423 i. Easements in the common area of each 424 parcel for ingress to and egress from the 425 other parcels; 426 ii. Easements in the common area of each 427 parcel for the passage and parking of 428 vehicles; 429 iii. Easements in the common area of each 430 parcel for the passage and accommodation 431 of pedestrians; 432 iv. Easements for access roads across the 433 common area of each parcel to public and 434 private roadways; 435 v. Easements for the installation, use, 436 operation, maintenance, repair, replacement, 437 relocation and removal of utility facilities in 438 appropriate areas in each such parcel; 439 vi. Easements on each such parcel for 440 construction of buildings and improvements 441 in favor of each such other parcel; 442 vii. Easements upon each such parcel in favor of 443 each adjoining parcel for the installation, 444 use, maintenance, repair, replacement and 445 removal of common construction 446 improvements such as footings, supports and 447 foundations; 448 viii. Easements on each parcel for attachment of 449 buildings; 450 24 of 179 17 Added language is underlined. Deleted language is stricken through. ix. Easements on each parcel for building 451 overhangs and other overhangs and 452 projections encroaching upon such parcel 453 from adjoining parcel such as, by way of 454 example, marquees, canopies, lights, 455 lighting devices, awnings, wing walls and 456 the like; 457 x. Appropriate reservation of rights to grant 458 easements to utility companies; 459 xi. Appropriate reservation of rights to road 460 rights-of-way and curb cuts; 461 xii. Easements in favor of each such parcel for 462 pedestrian and vehicular traffic over 463 dedicated private ring roads and access 464 roads; and 465 xiii. Appropriate agreements between the owners 466 of the several parcels as to the obligation to 467 maintain and repair all private roadways, 468 parking facilities, common areas and 469 common facilities and the like. 470 3. Exceptions. These provisions or portions thereof may be 471 waived by the administrative official if they are not 472 applicable to the subject property. These provisions of the 473 easement and operating agreement shall not be amended 474 without prior written approval of the City Attorney. In 475 addition, such easement and operating agreement shall 476 contain such other provisions with respect to the operation, 477 maintenance and development of the property as to which 478 the parties thereto may agree, all to the end that although 479 the property may have several owners, it will be 480 constructed, conveyed, maintained and operated in 481 accordance with the approved site plan. 482 4. Non-use variances created solely by separate ownerships, 483 pursuant to subsection 1 of this section, shall be waived by 484 the administrative official. 485 5. Release, modifications, amendments, revision. 486 25 of 179 18 Added language is underlined. Deleted language is stricken through. (a) Approval required. Any release, modification, 487 deletion, revision to a declaration of restrictive 488 covenant or condition thereof, shall only be made 489 upon a request being submitted to the City 490 department of planning and zoning, on a form 491 approved by the administrative official requesting 492 the release, modification, deletion, or revision. The 493 administrative official shall determine if the release, 494 modification, deletions, or revisions represent a 495 substantial change to the approval. If it is 496 determined that the release, modification, deletion, 497 or revision are not a substantial change, the 498 administrative official shall approve the request. 499 Upon approval of the request, the action taken, or 500 an amended declaration of restrictive covenant shall 501 be recorded in the Official Record Book of Miami-502 Dade County, accordingly. 503 (b) Appeals. Where it is determined that the release, 504 modification, deletion, or revision is a substantial 505 change to the approval the decision may be 506 appealed as an appeal of an administrative decision. 507 (c) Exceptions. 508 i. Where a declaration of restrictive covenant 509 or similar document was proffered to the 510 County or to the City where the release, 511 modification, deletion, or revision required 512 Board of County Commissioners approval 513 or specifically required City Council 514 approval, then such request shall be made as 515 an application to the City Council, pursuant 516 to the City Code; however, if such covenant 517 or similar document provides that it requires 518 the approval of both the City Council and 519 the Board of County Commissioners, then 520 the approval of such modification, deletion, 521 or revision shall require the approval of both 522 the City Council and the Board of County 523 Commissioners. 524 ii. Where there is a proffered declaration of 525 restrictive covenants on a property where it 526 26 of 179 19 Added language is underlined. Deleted language is stricken through. is determined that there are no vested rights, 527 the administrative official release, modify, 528 or revise the covenant appropriately, either 529 administratively or by action of the City 530 Council. 531 iii. Where it is determined that the development 532 approval has expired as set forth in this 533 chapter, the administrative official shall 534 release the declaration of restrictive 535 covenants appropriately, either 536 administratively or by action of the City 537 Council. 538 iv. Where a declaration of restrictive covenants 539 or condition thereof is released, modified, 540 deleted, or revised, and a contribution of 541 funds has been proffered and accepted by 542 the City, the City administrative official may 543 consider such contribution as forfeited. 544 Sec. 34-610. Vested Rights. 545 Notwithstanding any other provision of the City Code or the City’s 546 Comprehensive Plan, and as to the City, properties within the S 547 District shall have vested rights for any development, structures, 548 uses (including but not limited to ancillary or intermittent activities 549 associated with such uses), landscaping, parking, or other land use 550 entitlements that are in existence as of January 1, 2017 or that were 551 approved, whether at public hearing or administratively, by Miami-552 Dade County prior to January 1, 2017. Any development approved 553 by a development permit, as defined by Chapter 163.3164, Florida 554 Statutes (including but not limited to any zoning resolution, DRI 555 development order, administrative site plan approval, plat, or 556 building permit) shall be vested against later action by the City 557 without the need for the owners and/or developers of such 558 properties to have taken any affirmative act in reliance upon such 559 prior development permits. Such vested development may be 560 completed and maintained in accordance with the landscaping, 561 buffering, and signage regulations under which it was approved, 562 and is not subject to the requirements of Section 34-62(5) of the 563 City Code relating to amortization of landscaping nonconformities, 564 or any other applicable regulation relating to the amortization of 565 nonconformities of landscaping adopted by the City. To the extent 566 27 of 179 20 Added language is underlined. Deleted language is stricken through. not otherwise enumerated in this article, properties within the S 567 District may also be used for all uses permitted in the BU-2 zoning 568 district of the Code of Miami-Dade County, as of January 1, 2017, 569 with the limitations and exceptions provided in section 34-603 of 570 this article. Nothing herein shall limit any vested rights that may 571 otherwise exist by operation of common law, by the City Code or 572 the County Code. 573 Procedure for vested rights determination. For properties 574 within the S District, a request for vested rights 575 determination may be filed with the City pursuant to 576 Section 34-62 of the City Code without regard to the one-577 year time limitation therein; any action by the City Council 578 on appeal of such determination may thereafter be appealed 579 to the Board of County Commissioners in accordance with 580 the procedures set forth in section 34-614 of this article. 581 Sec. 34-611. Landscaped open space and impervious area. 582 1. Within the S District’s Outer Sub-District, upon 583 redevelopment from surface parking to other permanent 584 use, landscaping shall be provided in accordance with the 585 applicable requirements of Article XIV of the City Code, as 586 such may be amended from time to time; provided, 587 however, that while such properties are used to serve the 588 stadium, they shall be landscaped in accordance with the 589 prior approvals and the Development of Regional Impact 590 Development Order, as applicable. 591 2. Within the S District’s Inner Sub-District, landscaping shall 592 be provided in accordance with the provisions of Chapter 593 18A of the Code of Miami-Dade County, as such may be 594 amended from time to time. Chapter 18A of the Code of 595 Miami-Dade County shall remain applicable to the S 596 District. 597 Sec. 34-612. Special Events. 598 1. Properties within the S District’s Inner Sub-District may be 599 used for temporary special events lasting up to 15 calendar 600 days for any of the sports, entertainment, exhibition and 601 attraction uses listed in section 33-452 of the County Code. 602 No separate special use permits or other zoning 603 authorizations shall be required for temporary special 604 events governed by the preceding sentence, and for 605 28 of 179 21 Added language is underlined. Deleted language is stricken through. purposes of City Code provisions that refer to permitted 606 events, including without limitation, section 16-26(a)(7), 607 such temporary special events shall be treated as permitted 608 events. 609 2. All other special event uses for the S District shall be 610 governed as provided under Chapter 4 of the City Code. 611 Nothing herein shall modify the obligation to obtain any 612 building permits that may be required under the Florida 613 Building Code for temporary structures used in such special 614 events. 615 3. Notwithstanding any other provisions in Chapter 33 of the 616 County Code, special events and special event permits shall 617 be governed by the provisions of this article. 618 619 Sec. 34-613. Procedures. 620 1. Application. All zoning inquiries and applications for 621 zoning action for properties within the S District shall be 622 submitted to the City of Miami Gardens. 623 2. Approval by City Council. If the City Council approves an 624 application for zoning action by a property owner, or 625 applicant authorized by the owner, after public hearing, 626 then, upon the City’s determination becoming final in 627 accordance with the City’s rules and regulations, it may 628 only be reviewed by a court of competent jurisdiction. 629 3. Other Action by City Council. If the City Council denies an 630 application for zoning action by an owner or such 631 authorized applicant after public hearing, or approves an 632 application for zoning action after public hearing with 633 conditions that are not agreed to by the owner or authorized 634 applicant, the owner or authorized applicant shall have the 635 right to appeal the City Council’s decision to the Board of 636 County Commissioners for its review after public hearing. 637 4. Review by County Commission. On appeal by a property 638 owner or authorized applicant, the Board of County 639 Commissioners may affirm the decision of the City 640 Council, alter the decision of the City Council and approve 641 the application, or alter the decision of the City Council and 642 29 of 179 22 Added language is underlined. Deleted language is stricken through. approve the application with modifications, in each case by 643 a majority vote of the total membership of the Board of 644 County Commissioners, and upon such decision becoming 645 final in accordance with the County’s rules and regulations, 646 it may only be reviewed by a court of competent 647 jurisdiction. 648 5. Review of Other City Zoning Actions. If the City denies an 649 application by a property owner or applicant authorized by 650 the owner for zoning action other than public hearing 651 actions, or approves an application for zoning action other 652 than public hearing actions with conditions that are not 653 agreed to by the by the owner or authorized applicant, then 654 the owner or authorized applicant shall have the right to 655 appeal that decision first to the City Council, which shall 656 affirm, affirm with conditions, or alter the decision within 657 60 days of submittal of the appeal, and then to the Board of 658 County Commissioners in accordance with the above 659 procedures for review of City Council decisions. It is 660 provided, however, that if the City Council does not issue a 661 decision within 60 days of submittal of the appeal, then the 662 owner or authorized applicant may proceed directly to the 663 Board of County Commissioners in accordance with the 664 procedures governing appeals of administrative actions set 665 forth in section 33-314 of the County Code. 666 Sec. 34-614. Conflicts. 667 In the event of any conflict or inconsistency between the terms of 668 these S District regulations and any other provision of the City 669 Code, the terms of these S District regulations shall govern. 670 Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are 671 hereby repealed. 672 Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or 673 portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 674 competent jurisdiction, such portion shall be deemed a separate, distinct and independent 675 30 of 179 23 Added language is underlined. Deleted language is stricken through. provision and such holding shall not affect the validity of the remaining portions of this 676 Ordinance. 677 Section 5. INCLUSION IN CODE: It is the intention of the City Council of the 678 City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of 679 the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may 680 be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” 681 “Article” or such other appropriate word or phrase, the use of which shall accomplish the 682 intentions herein expressed. 683 Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately 684 upon its final passage. 685 PASSED ON FIRST READING ON THE _____ DAY OF __________, 2016. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2016. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2016. ________________________________ OLIVER GILBERT, III, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK 31 of 179 24 Added language is underlined. Deleted language is stricken through. PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: MAYOR OLIVER GILBERT, III Moved by: __________________ Second by: _________________ VOTE: _________ Mayor Oliver Gilbert, III ____ (Yes) ____ (No) Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) Councilwoman Lisa C. Davis ____ (Yes) ____ (No) Councilman Rodney Harris ____ (Yes) ____ (No) Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman David Williams Jr ____ (Yes) ____ (No) 32 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: 01-11-01-511- 496-01 (Councilman Special Event Account) 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 thespecific objective/strategy this item will address)X Sponsor Name Erhabor Ighodaro, Vice Mayor Department: Office of the Mayor & Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FROM VICE MAYOR IGHODARO’S SPECIAL EVENT ACCOUNT, FOR THE PURPOSE SUPPORTING THE CELEBRATION OF MIAMI GARDENS GOLDEN PROM EVENT TO BE HELD ON SATURDAY, MAY 20, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: At a meeting in April 1963, between President John F. Kennedy and members of the National Council of Item K-1) Consent Agenda Resolution Golden Prom 33 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 Senior Citizens led to designating May as “Seniors Citizens Month” the prelude to “Older Americans Month”. The City of Miami Gardens recognized the need to promote activities and programs that benefit its seniors citizens and has since established its Elderly Affairs Advisory Committee. In 2012, Councilman Ighodaro created an elder council to harness the wisdom and guidance of our seniors in promoting the health and general wellbeing of the City’s elderly residents who have served as the foundation and backbone of this City’s development. On Saturday, May 20, 2017, Vice Mayor Ighodaro is hosting a Golden Prom celebration in honor and appreciation of the City’s elderly residents. Funding for this event would be derived primarily from sponsorships, gifts and donations. The event is designed as a fundraising benefit for the “Feeding Miami Gardens Elderly” initiative. Vice Mayor Ingodaro is contributing $1,000.00 towards this event. Fiscal Impact Proposed Action: RECOMMENDATION: That the City Council approve the resolution to allocate $1,000 for the purpose of hosting a Golden Prom celebration in honor and appreciation of the City’s eldery residents. Attachment: None. 34 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING THE SUM OF ONE 4 THOUSAND DOLLARS ($1,000.00) FROM VICE MAYOR 5 IGHODARO’S SPECIAL EVENT ACCOUNT, FOR THE PURPOSE 6 SUPPORTING THE CELEBRATION OF MIAMI GARDENS 7 GOLDEN PROM EVENT TO BE HELD ON SATURDAY, 8 MAY 20, 2017; PROVIDING FOR THE ADOPTION OF 9 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, at a meeting in April 1963, between President John F. Kennedy and 12 members of the National Council of Senior Citizens led to designating May as “Seniors 13 Citizens Month” the prelude to “Older Americans Month”, and 14 WHEREAS, the City of Miami Gardens recognized the need to promote activities 15 and programs that benefit its senior citizens and has since established its Elderly Affairs 16 Advisory Committee, and 17 WHEREAS, in 2012, Vice Mayor Ighodaro created an elder council to harness 18 the wisdom and guidance of our seniors in promoting the health and general wellbeing 19 of the City’s elderly residents who have served as the foundation and backbone of this 20 City’s development, and 21 WHEREAS, on Saturday, May 20, 2017, Vice Mayor Ighodaro is hosting a 22 Golden Prom celebration in honor and appreciation of the City’s elderly residents, and 23 WHEREAS, funding for this event would be derived primarily from sponsorships, 24 gifts, and donations, and 25 WHEREAS, the event is designed as a fundraising benefit for the “Feeding Miami 26 Gardens Elderly” initiative, 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 29 35 of 179 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 30 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 31 made a specific part of this Resolution. 32 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 33 hereby authorizes the allocation of One Thousand Dollars ($1,000.00) from Account No. 34 01-11-01-511-496-01 (Vice Mayor Ighodaro’s Special Event Account) for the 35 Celebration of Miami Gardens Golden Prom event. 36 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 37 upon its final passage. 38 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 40 41 ___________________________________ 42 OLIVER GILBERT, III, MAYOR 43 44 45 46 ATTEST: 47 48 49 __________________________________ 50 RONETTA TAYLOR, MMC, CITY CLERK 51 52 53 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 54 55 56 SPONSORED BY: 57 58 Moved by: __________________ 59 60 VOTE: _________ 61 62 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 63 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 65 36 of 179 3 Councilman Rodney Harris ____ (Yes) ____ (No) 66 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 67 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 68 Councilman David Williams Jr ____ (Yes) ____ (No) 69 70 37 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: 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 Rodney Harris, Council Member Department: City Manager Office of the Mayor & Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACKNOWLEDGING THE APPOINTMENT OF DEIRDRE T. ANDERSON TO THE ELDERLY AFFAIRS ADVISORY COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: In accordance with Section 2-242 of the City of Miami Gardens Code of Ordinances, Councilman Rodney Harris, appoints Deirdre T. Anderson to the Elderly Affairs Advisory Committee. Ms. Anderson’s term will commence upon appointment and will serve at the pleasure of Councilman Harris. Once appointed, Ms. Deirdre T. Anderson will adhere to the duties and powers of the Advisory Committee as outlined in the pertinent Ordinance. Item K-2) Consent Agenda Resolution Appointment/ Elderly Affairs Advisory Committee 38 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 This Resolution acknowledges Councilman Rodney Harris’ appointment of Deirdre T. Anderson to the Elderly Affairs Advisory Committee. Proposed Action: Councilman Harris proposes that the City Council approve this resolution. Attachment: 39 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACKNOWLEDGING THE 4 APPOINTMENT OF DEIRDRE T. ANDERSON TO THE ELDERLY 5 AFFAIRS ADVISORY COMMITTEE FOR A TERM THAT WILL 6 COINCIDE WITH THE TERM OF COUNCILMAN RODNEY 7 HARRIS; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, in accordance with Section 2-242 of the City of Miami Gardens Code 11 of Ordinances, Councilman Rodney Harris, has appointed Deirdre T. Anderson to the 12 Elderly Affairs Advisory Committee, and 13 WHEREAS, Ms. Anderson’s term will commence upon appointment and shall 14 coincide with the term of Councilman Harris, and 15 WHEREAS, this Resolution acknowledges Councilman Rodney Harris 16 appointment of Deirdre T. Anderson to the Elderly Affairs Advisory Committee, 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21 made a specific part of this Resolution. 22 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23 hereby acknowledges the appointment of Deirdre T. Anderson to the Elderly Affairs 24 Advisory Committee with a term to coincide with that of Councilman Harris. 25 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26 upon its final passage. 27 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 29 30 40 of 179 2 ___________________________________ 31 OLIVER GILBERT, III, MAYOR 32 33 34 35 ATTEST: 36 37 38 __________________________________ 39 RONETTA TAYLOR, MMC, CITY CLERK 40 41 42 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 43 44 45 SPONSORED BY: COUNCILMAN RODNEY HARRIS 46 47 Moved by: __________________ 48 49 VOTE: _________ 50 51 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 52 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 53 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 54 Councilman Rodney Harris ____ (Yes) ____ (No) 55 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 56 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 57 Councilman David Williams Jr ____ (Yes) ____ (No) 58 59 41 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: State Housing Initiative Partnership (SHIP) 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, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN MEMORANDUM OF UNDERSTANDING WITH THE MIAMI-DADE COUNTY HOMELESS TRUST TO REDUCE AND PREVENT HOMELESSNESS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Item K-3) Consent Agenda Resolution MDC Homeless Trust 42 of 179 18605 NW 27 Avenue Miami Gardens, Florida 33056 Upon becoming a US HUD entitlement community in 2007, the City became eligible to receive funding from the Florida Housing Finance Corporation in the form of State Housing Initiatives Partnership (SHIP) Program funds. The City received its first SHIP funding allocation in FY 2007-08. Adoption of a Local Housing Assistance Plan (LHAP) is a requirement for receiving SHIP funding. The LHAP governs the use of these State funds through various initiatives targeted at generating and preserving affordable housing. The plan covers a three year period. The City‘s current LHAP covers the 3-year period from 2016 to 2019, and was adopted by City Council on April 13, 2016 via Resolution No. 2016-77-2976. Current Situation Included in the City’s 2016-2019 LHAP is a Rental Assistance Program Strategy. The Rental Assistance Program was created to provide financial assistance for households to obtain or remain in quality, safe, decent and affordable rental housing. The Program will assist individuals or families to reduce the time in which they are experiencing homelessness and to sustain housing with: •security and utility deposit assistance, •eviction prevention not to exceed 6 months, and •rapid rehousing for homeless who require utility deposit, security deposits and/or temporary rental assistance not to exceed 12 months. This strategy is being coordinated through a regional partnership with the Miami-Dade County Homeless Trust (Trust) and other SHIP jurisdictions to address homelessness throughout the entire Continuum of Care and across jurisdictional boundaries. The Trust conducted a competitive Request for Proposal process to identify community-based provider(s) to carry out activities to (1) prevent homelessness and (2) reduce the time that an individual or family experiences homelessness. The goal of this partnership is to leverage SHIP funds from multiple SHIP jurisdictions with Homeless Trust Food & Beverage Tax funds to create a larger impact to prevent and reduce homelessness. The Trust wishes to enter into a Memorandum of Understanding (MOU) with the City in order to carry out the Rental Assistance Program. A resolution is needed in order to enter into the MOU with the Trust. Fiscal Impact There is no immediate fiscal impact. The MOU is an agreement to partner in carrying out the SHIP Rental Assistance Strategy. Proposed Action: That the City Council approves the attached resolution. Attachments: •SHIP MOU 43 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, 5 RESPECTIVELY THAT CERTAIN MEMORANDUM OF 6 UNDERSTANDING WITH THE MIAMI-DADE COUNTY 7 HOMELESS TRUST TO REDUCE AND PREVENT 8 HOMELESSNESS, A COPY OF WHICH IS ATTACHED HERETO 9 AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY 10 CLERK; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, included in the City’s 2016-2019 Local Housing Assistance Plan 14 (LHAP) is a Rental Assistance Program Strategy, and 15 WHEREAS, the Rental Assistance Program was created to provide financial 16 assistance for households to obtain or remain in quality, safe, decent and affordable 17 rental housing, and 18 WHEREAS, the Program will assist individuals or families to reduce the time in 19 which they are experiencing homelessness, and 20 WHEREAS, this strategy is being coordinated through a regional partnership with 21 the Miami-Dade County Homeless Trust (Trust) and other State Housing Initiatives 22 Partnership (SHIP) jurisdictions to address homelessness across jurisdictional 23 boundaries, and 24 WHEREAS, the Trust conducted a competitive Request for Proposal process to 25 identify community-based provider(s) to carry out activities to (1) prevent homelessness 26 and (2) reduce the time that an individual or family experiences homelessness, and 27 WHEREAS, the goal of this partnership is to leverage SHIP funds from multiple 28 SHIP jurisdictions with Homeless Trust Food & Beverage Tax funds to create a larger 29 impact to prevent and reduce homelessness, and 30 44 of 179 2 WHEREAS, the Trust wishes to enter into a Memorandum of Understanding 31 (MOU) with the City in order to carry out the Rental Assistance Program, and 32 WHEREAS, City staff recommends forming a partnership with the Trust, and 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 35 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 36 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 37 made a specific part of this Resolution. 38 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 39 hereby authorizes the City Manager and the City Clerk to execute and attest, 40 respectively that certain Memorandum of Understanding with the Miami-Dade County 41 Homeless Trust to reduce and prevent homelessness, a copy of which is attached 42 hereto as Exhibit “A”. 43 Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 44 authorized to obtain two (2) fully executed copies of the subject Memorandum of 45 Understanding with one to be maintained by the City, and one to be delivered to the 46 Miami-Dade County Homeless Trust. 47 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 48 upon its final passage. 49 50 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 51 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 52 53 ___________________________________ 54 OLIVER GILBERT, III, MAYOR 55 45 of 179 3 56 57 58 ATTEST: 59 60 61 __________________________________ 62 RONETTA TAYLOR, MMC, CITY CLERK 63 64 65 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 66 67 68 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 69 70 Moved by: __________________ 71 72 VOTE: _________ 73 74 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 75 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 76 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 77 Councilman Rodney Harris ____ (Yes) ____ (No) 78 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 79 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 80 Councilman David Williams Jr ____ (Yes) ____ (No) 81 82 46 of 179 Page 1 of 8 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF MIAMI GARDENS AND THE MIAMI-DADE COUNTY HOMELESS TRUST WHEREAS, City of Miami Gardens, the recipient of a State Housing Initiative Partnership (SHIP) Program distribution (SHIP Administrator), has incorporated a Rental Assistance Strategy into its 2016-2019 SHIP Local Housing Assistance Plan (LHAP). WHEREAS, the Miami-Dade County Homeless Trust, lead agency for the Miami-Dade County Homeless Continuum of Care (Trust), has incorporated the use of SHIP funds for Homeless Prevention and Rapid Re-Housing (RRH) as part of its strategies to end homelessness. Such strategies are designed to assist the Miami-Dade CoC in meeting HUD performance outcomes. WHEREAS, the SHIP Administrator and the Trust have agreed to collaborate in the implementation of the SHIP strategy in a manner consistent with the Trust’s Prevention and RRH efforts. WHEREAS, through a competitive process, the Trust has identified community-based provider(s) to receive the SHIP Prevention and RRH funds as well as Trust Food & Beverage funds allocated to support the SHIP strategy in the forms of housing-related services and participant cash assistance to augment the SHIP funds. WHEREAS, the SHIP Administrator and the Trust are responsible for administering their own funds and will independently contract with the provider(s) for the use of their respective funds. NOW, THEREFORE, for good and valuable consideration the sufficiency of which is acknowledged, the parties agree as follows: I. Purpose of This MOU This Memorandum of Understanding (MOU) outlines the agreement between SHIP Administrator and the Trust. II. Program Goal The goal of this MOU is to: (1) prevent homelessness and (2) reduce the time that an individual or family experiences homelessness through a rapid re-housing strategy. III. Term The agreement shall commence on April 1, 2017 and have a one-year term. The MOU shall automatically renew unless one party terminates the MOU as set forth below or by mutual agreement in writing. Either party may terminate the MOU with sixty (60) days advance notice in writing. The MOU may be amended in writing upon the parties’ mutual agreement. 47 of 179 Page 2 of 8 IV. Forms of Assistance The SHIP Administrator will fund eviction prevention in the form of rent assistance not to exceed six (6) months (Prevention) and rapid re-housing assistance to homeless households in the form of security and utility deposit assistance and rental subsidy not to exceed twelve (12) months (RRH). Such assistance is more specifically described in the Rental Housing Strategy found in the SHIP Administrator’s LHAP (attached hereto as Exhibit A and incorporated by reference). The maximum amount of assistance per applicant is set forth in Exhibit A. Regardless of household income, monthly rent can be up to 120% SHIP Rent adjusted for bedroom size. V. Delivery of Assistance As provided in the LHAP, the Homeless Trust issued a competitive Request for Applications to select sub-recipient(s) to deliver the SHIP Prevention and RRH assistance (Sub-Recipient). The SHIP Administrator will directly contract with such Sub-recipient(s). SHIP funds will not pay for case management or other supportive services. The Trust allocated Food & Beverage funds in its FY 2016 budget to support the SHIP Administrator's Prevention and RRH strategies. A portion of such funds will be utilized to pay for Sub-Recipient(s)' delivery costs and housing-related activities as described below. The balance of F&B funds will be made available for cash assistance as described in Article IV. The Trust will enter into contract directly with the Sub-Recipient(s) for the use of the F&B funds. Sub-Recipient(s) shall provide the following services: 1. Assist applicants with applications, paperwork and verifications, and ensure they are complete. 2. Provide housing search services. Such services may include, but are not limited to the following: a. Educate participants and landlords about the assistance program. b. Visit prospective rental units with the household. c. Conduct Housing Quality Standards (HQS) inspections. d. Assist participants in understanding the terms of the lease. e. Counsel participants in communicating effectively with landlords. 3. Assist households to develop a housing stability plan, which must include a household budget designed to promote the household’s self-sufficiency after assistance ends, and support them in achieving housing plan goals. 4. During the period of assistance, serve as liaison between the household and landlord to address any concern that could lead to eviction as well as a landlord’s failure to comply with the terms of the lease 5. Provide and/or refer participants to supportive services. Tenants are not required to participate in supportive services; however, services should be available and easily accessible within the community. VI. Eligibility for Assistance A. Eligible Applicants 48 of 179 Page 3 of 8 Extremely low- to very low-income households at risk of homelessness are eligible for Prevention Assistance. RRH assistance is only available to extremely low- and very low-income households who are homeless and which may include at least one (1) adult who is a person with special needs. Sub-recipient(s) may disqualify a household for assistance if the household’s housing burden would exceed 50% of their monthly income. B. Homeless Definition As set forth under s. 410.621 and s. 420.9072(7)(b), F.S., “homeless,” applied to an individual, or “individual experiencing homelessness” means an individual who lacks a fixed, regular, and adequate nighttime residence and includes an individual who: a) Is sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; b) Is living in a motel, hotel, travel trailer park, or camping ground due to a lack of alternative adequate accommodations; c) Is living in an emergency or transitional shelter; d) Has a primary nighttime residence that is a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; e) Is living in a car, park, public space, abandoned building, bus or train station, or similar setting; or f) Is a migratory individual who qualifies as homeless because he or she is living in circumstances described in paragraphs (a)-(e). The terms do not refer to an individual imprisoned pursuant to state or federal law or to individuals or families who are sharing housing due to cultural preferences, voluntary arrangements, or traditional networks of support. The terms include an individual who has been released from jail, prison, the juvenile justice system, the child welfare system, a mental health and developmental disability facility, a residential addiction treatment program, or a hospital, for whom no subsequent residence has been identified, and who lacks the resources and support network to obtain housing. C. Person with Special Needs Definition As set forth in s. 420.0004, F.S., “person with special needs” means an adult person requiring independent living services in order to maintain housing or develop independent living skills and who has a disabling condition; a young adult formerly in foster care who is eligible for services under s. 409.1451(5); a survivor of domestic violence as defined in s. 741.28; or a person receiving benefits under the Social Security Disability Insurance (SSDI) program or the Supplemental Security Income (SSI) program or from veterans’ disability benefits. 49 of 179 Page 4 of 8 VII. Referral and Eligibility A. As the lead agency for the CoC and administrator of its Coordinated Assessment and Placement system, the Trust will be the sole referring agency for households who are homeless, including those who include a person with a special need, and those at risk of homelessness. The Trust will make such referrals in accordance with its CoC assessment process and order of priorities for placing and/or referring homeless households for housing assistance. B. The Trust will be responsible for verifying that the referred household meets the SHIP homeless definition. C. Sub-recipients will be responsible for assisting applicants with income verification and other SHIP documentation requirements such as leases, mortgages (if prevention assistance), utility deposit verification, property tax verification and landlord W-2s, during the application process and duration of SHIP assistance. D. Eligibility will be performed on an expedited basis and may include alternate forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. E. Recipients of assistance must go through an assessment to determine likelihood of housing sustainability and stabilization once the assistance period runs out. Such assessment process shall be governed by the Homeless Trust’s Rapid Re- Housing Standards of Care, policies and procedures. VIII. Roles and Responsibilities A. Trust 1. The Trust’s Housing Coordinator shall serve as the point of contact under this MOU. 2. The Trust will notify the SHIP Administrator of any meetings called by the Trust, or meetings brought to its attention, related to prevention and RRH strategies and/or utilization of resources to support such strategies. 3. Homeless Management Information (HMIS) data will be used to monitor and avoid duplication of assistance. 4. The Trust will share data collected on the Sub-Recipient’s service delivery and its performance against the CoC’s performance standards. 5. The Trust will promptly bring concerns with a Sub-Recipient’s delivery or over- all delivery of SHIP assistance to the attention of the SHIP Administrator. 50 of 179 Page 5 of 8 6. The Trust will work with the SHIP Administrator to determine measures that could be taken to address performance issues or impediments to service delivery. 7. The Trust will cooperate with efforts taken by the SHIP Administrator to ensure that the delivery of assistance meets SHIP requirements and outcomes as well as the CoC’s performance standards. 8. The Trust will designate a staff person to meet, in person or by phone, with the SHIP Administrator’s representative as needed to exchange updates on utilization of allocated SHIP funds and any concerns with Sub-recipient(s)’s service delivery and/or external impediments to such delivery. 9. Ensure a general timely response time for all communications with the SHIP Administrator. B. SHIP Administrator 1. The SHIP Administrator will participate in resource planning efforts by the Trust to determine best use for the SHIP funds to compliment other homeless prevention and rapid Re-Housing-dedicated funding (i.e. ESG, ESB, CoC, HOME, Challenge Grant and SSVF). 2. The SHIP Administrator shall incorporate the following terms into its Sub- Recipient Agreement(s). A Sub-Recipient must: a. Utilize CoC HMIS creating a separate project for each sub-recipient agreement; b. Utilize the coordinated entry system, which assesses housing need and prioritizes referral for housing assistance (COAP); c. Comply with all SHIP Program requirements, the Miami-Dade CoC Standards of Care, policies and procedures governing COAP and its Rapid Re-Housing Strategy and the terms of this MOU; d. Minimize barriers to rapidly re-house homeless households, including Sub- Recipient agency policies for assistance, and pro-actively work with landlords to address eligibility and screening policies and practices that may prevent tenancy. e. Provide housing-related services as described above in Article V. f. During the period of assistance, serve as liaison between the household and landlord to address any concern that could lead to eviction as well as a landlord’s failure to comply with the terms of the lease; g. Agree to be subject to the CoC’s performance standards for homeless providers; h. Cooperate with CoC’s on-going data collection and performance reporting efforts; i. Participate in and cooperate with resource planning efforts by the Homeless Trust in consultation with the SHIP Administrator to determine best use for the SHIP funds to compliment other homeless prevention and rapid Re-Housing-dedicated funding (i.e. ESG, ESB, CoC, HOME, Challenge Grant 51 of 179 Page 6 of 8 and SSVF); j. Allow participants to freely exercise their preferences in selecting neighborhoods and buildings in which they want to live; and k. Secure and maintain releases of information for each assisted household to ensure open communication between the Sub-Recipient, SHIP Administrator and the Trust. 3. The SHIP Administrator will provide the Trust with their Sub-Recipient Agreement(s). 4. The SHIP Administrator will allow participants to freely exercise their preferences in selecting neighborhoods and buildings in which they want to live, subject to HQS quality standards and maximum SHIP rents. 5. The SHIP Administrator agrees to report the expenditure of SHIP funds allocated to Prevention and RRH assistance, on a monthly basis. 6. The SHIP Administrator will cooperate with CoC’s efforts to ensure that providers serving the homeless meet the CoC’s performance standards and take measures to improve SHIP assistance delivery if necessary. 7. The SHIP Administrator will designate a staff person to meet, in person or by phone, with the Trust’s representative as needed to exchange updates on utilization of allocated SHIP funds and any concerns with Sub-recipient(s)’s service delivery. 8. The SHIP Administrator will ensure a general timely response time for all communications with the Trust. IX. Further Cooperation The parties hereby commit to cooperating with one another to address these issues as they arise and to resolve them based on the agreements stated in this MOU. SIGNATURES City of Miami Gardens Miami-Dade County Homeless Trust _________________________________ _________________________________ Name: Cameron D. Benson Name: Title: City Manager Title: Date: Date: 52 of 179 Page 7 of 8 EXHIBIT A – City of Miami Gardens 2016-2019 Local Housing Assistance Plan Rental Assistance Strategy E. Rental Assistance Program 23 a. Summary of Strategy: The Rental Assistance Program is created to provide financial assistance for households to obtain or remain in quality, safe, decent and affordable rental housing. The Program will assist individuals or families to reduce the time in which they are experiencing homelessness and sustain housing with: • security and utility deposit assistance, • eviction prevention not to exceed 6 months, and • rapid rehousing for homeless who require utility deposit, security deposits and/or temporary rental assistance not to exceed 12 months. The strategy is being coordinated through a regional partnership with the Miami-Dade County Homeless Trust and other SHIP recipients to address homeless housing needs across jurisdictional boundaries. b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019 c. Income Categories to be served: • Extremely Low and Very Low d. Maximum award: $5,000.00 e. Terms: 1. Loan/deferred loan/grant: Funds will be awarded as a grant. 2. Interest Rate: N/A 3. Term: N/A 4. Forgiveness/Repayment: N/A 5. Default/Recapture N/A f. Recipient Selection Criteria: Applicants will be referred for assistance by the Homeless Trust’s Coordinated Outreach, Assessment and Placement (COAP) Program and be assisted on a first-qualified, first-served basis. • Miami-Dade County Homeless Trust, has established the COAP to provide coordinated single entry referral and placement into permanent housing programs, including Rapid Re-Housing assistance. Referral to housing programs assisted by, or through partnerships with, the Homeless Trust is coordinated by the Homeless Trust’s Housing Coordinator. All persons entering the shelters, transitional housing and those engaged on the streets are assessed utilizing the VI-SPDAT assessment tool and referral is based on chronicity and medical 53 of 179 Page 8 of 8 vulnerability assessment scores and the housing assistance needed. • Applicant must be an extremely low to very-low income homeless or at risk of becoming homeless household and which may include at least one adult who is a person with special needs as defined in section 420.0004. Eligibility will be performed on an expedited basis and may include alternate forms of documentation, such as current pay stubs and benefit letters, as well as oral verification of employment wages, other income, and assets. g. Sponsor/Developer Selection Criteria: The City of Miami Gardens intends to administer this program through a sub-recipient agency or agencies. A competitive Request for Proposals process in accordance with Chapter 67- 37.005(6)(b)7 of the Florida Administrative Code will be conducted by the Miami-Dade County Homeless Trust to select an eligible sub-recipient agency or agencies. Eligible persons, sponsors or other sub-recipients of assistance under this program will be required to contractually commit and comply with all SHIP Program requirements and the Miami-Dade CoC Standards of Care, policies and procedures governing COAP and its Rapid Re-Housing Strategy. h. Additional Information: • The lease must be at least twelve months. • Assistance will be provided directly to the utility or landlord, not the assisted household. • Recipients of assistance must go through an assessment to determine likelihood of housing sustainability and stabilization once the assistance period runs out. Such assessment process shall be governed by the Homeless Trust’s Rapid Re-Housing Standards of Care, policies and procedures. • Recipients of other ongoing rental assistance (such as Section 8) are not eligible to receive assistance under this Strategy. • Assistance will be limited to a one time grant not to exceed $5,000 per household. EXHIBIT A 54 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: State Housing Initiative Partnership (SHIP) 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 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, ALLOCATING FISCAL YEAR 2016-2017 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) FUNDS TO CITRUS HEALTH NETWORK IN THE AMOUNT OF FORTY-FIVE THOUSAND DOLLARS ($45,000.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE Staff Summary: Background The City‘s current SHIP Local Housing Assistance Plan (LHAP) which covers the 3-year period from 2016 to 2019, and was adopted by City Council on April 13, 2016 via Resolution No. 2016-77-2976. Included in the LHAP is a Rental Assistance Program Strategy. The Rental Assistance Program was created to provide financial assistance for households to obtain or remain in quality, safe, decent and affordable rental housing. The Program will assist individuals or families to reduce the time in which they are experiencing homelessness and to sustain housing with: •Security and utility deposit assistance, •Eviction prevention not to exceed 6 months, and •Rapid rehousing for homeless who require utility deposit, security deposits and/or temporary rental assistance not to exceed 12 months. Item K-4) Consent Agenda Resolution SHIP Funds to Citrus Health Network 55 of 179 18605 NW 27 Avenue Miami Gardens, Florida 33056 This strategy is being coordinated through a regional partnership with the Miami-Dade County Homeless Trust (Trust) and other SHIP jurisdictions to address homelessness throughout the entire Continuum of Care and across jurisdictional boundaries. The Trust conducted a competitive Request for Application process to identify community-based provider(s) to carry out activities to (1) prevent homelessness and (2) reduce the time that an individual or family experiences homelessness. The goal of this partnership is to leverage SHIP funds from multiple SHIP jurisdictions with Homeless Trust Food & Beverage Tax funds and State Emergency Solutions Grant funds to create a larger impact to prevent and reduce homelessness. As per the memorandum of understanding between the City and the Trust the City agreed to contract directly with the service provider to carry out the Rental Assistance Program in Miami Gardens. Current Situation On May 9, 2016, The Miami-Dade County Homeless Trust released a Request for Applications (RFA) to solicit proposals for various federal, state and local grant programs dedicated to helping the homeless or persons at-risk of becoming homeless. The solicitation included $784,864 in State Housing Initiative Partnership (SHIP) Program funds for Homeless Prevention and Rapid Re-housing activities through collaborations with Miami-Dade Public Housing and Community Development, the cities of Hialeah and Miami Gardens, plus a $300,000 Food & Beverage Tax match and $250,000 of State Emergency Solutions Grant funds. A total of eleven (11) applications were received; two (2) for the SHIP funded category. One (1) application was recommended by the Selection Committee for the SHIP funded category. Attached is the Funding Recommendation Table. The funding recommendation is as follows: Agency Name Program Funding Recommendation Citrus Health Network, Inc. Housing Assistance Network of Dade $45,000 SHIP Program Funds (HAND) Program Citrus Health Network (CHN) is the lead agency in the Housing Assistance Network of Dade (HAND) Program, a multi-agency partnership with Miami-Dade County and local municipalities making an effort to prevent homelessness by providing temporary rental assistance for eligible low income individuals and families who are currently homeless or are at risk of becoming homeless. The City of Miami Gardens had previously funded Citrus Health Network in 2009 with HUD Homeless Prevention and Rapid Re-Housing Program (HPRP) funds to help create the HAND Program. The City funded CHN ($544,907) for three years from 2009 to 2012 at which time HPRP funding ended. Over the three years, CHN assisted 115 households for a total of 379 individuals avoid homelessness. The current recommended allocation of funding is from the SHIP Program for the Rental Assistance Program Strategy. The allocated amount will assist a minimum of 9 households. A resolution allocating SHIP funds to this organization is required. Subject to Council’s approval of the funding recommendation, a sub-recipient agreement will be executed between the City and Citrus Health Network, Inc. This agreement will outline the term of the services to be provided to City of Miami Gardens residents, performance requirements, and funding distribution. Fiscal Impact The City FY 2016-17 award of SHIP grant is $439,663. Of this allocation $45,000 was budgeted for the Rental Assistance Program Strategy in the 2016-2019 LHAP and is currently available, which was adopted by Resolution No. 2016-77-2976. The above allocation to Citrus Health Network is within the budget. Proposed Action: 56 of 179 18605 NW 27 Avenue Miami Gardens, Florida 33056 That the City Council approves the attached resolution. Attachments: • Homeless Trust RFA Funding Recommendation Table • Sub-Recipient Agreement 57 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FISCAL YEAR 2016-4 2017 STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) 5 FUNDS TO CITRUS HEALTH NETWORK IN THE AMOUNT OF 6 FORTY-FIVE THOUSAND DOLLARS ($45,000.00); PROVIDING 7 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 8 FOR AN EFFECTIVE DATE. 9 10 WHEREAS, annually the City makes available State Housing Initiative 11 Partnership (SHIP) Program funds for the provision of public services to Miami Gardens 12 residents, and 13 WHEREAS, these funds are made available to interested non-profit and 14 community based organizations applying through a formal request for an application 15 process, and 16 WHEREAS, this year, a total of Four Hundred Thirty-Nine Thousand Six Hundred 17 Sixty-Three Dollars ($439,663.00), is available for non-profit organizations under the 18 public service category, and 19 WHEREAS, on May 9, 2016, the Miami-Dade County Homeless Trust released a 20 Request for Applications (RFA) to solicit proposals for various federal, state and local 21 grant programs dedicated to helping the homeless or persons at-risk of becoming 22 homeless, and 23 WHEREAS, a total of eleven (11) applications were received, and 24 WHEREAS, one (1) application was recommended by the Selection Committee 25 to receive funding, and 26 WHEREAS, Citrus Health Network (CHN) is the lead agency in the Housing 27 Assistance Network of Dade (HAND) Program, a multi-agency partnership with Miami-28 Dade County and local municipalities making an effort to prevent homelessness by 29 58 of 179 2 providing temporary rental assistance for eligible low income individuals and families 30 who are currently homeless or are at risk of becoming homeless, and 31 WHEREAS, City Staff is recommending funding to CHN in the amount of Forty-32 Five Thousand Dollars ($45,000.00), for 2016-2017 program year, 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 35 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 36 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 37 made a specific part of this Resolution. 38 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 39 hereby allocates Fiscal Year 2016-2017 State Housing Initiatives Partnership (SHIP) 40 funds to Citrus Health Network in the amount of Forty-Five Thousand Dollars 41 ($45,000.00). 42 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 43 upon its final passage. 44 45 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 46 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 47 48 ___________________________________ 49 OLIVER GILBERT, III, MAYOR 50 51 52 53 ATTEST: 54 55 56 __________________________________ 57 RONETTA TAYLOR, MMC, CITY CLERK 58 59 of 179 3 59 60 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 61 62 63 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 64 65 Moved by: __________________ 66 67 VOTE: _________ 68 69 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 70 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 71 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72 Councilman Rodney Harris ____ (Yes) ____ (No) 73 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 74 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 75 Councilman David Williams Jr ____ (Yes) ____ (No) 76 77 60 of 179 61 of 17 9 62 of 17 9 CITY OF MIAMI GARDENS, FLORIDA STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM SUB-RECIPIENT AGREEMENT THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day of April 2017, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter referred to as the “CITY”) and Citrus Health Network, Inc., a Florida not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”). FUNDING SOURCE: State Housing Initiative Partnership Program Funds FUNDING YEAR: Fiscal Year 2016-2017 AMOUNT: $45,000.00 TERM OF THE AGREEMENT: April 1, 2017 through June 30, 2018 WITNESSETH WHEREAS, the CITY has been awarded State Housing Initiative Partnership (SHIP) Program funds pursuant to §420.907 et seq., Florida Statutes, as amended, which provides for the implementation of projects designed to address the affordable housing needs of extremely low- and very low-income households; and, WHEREAS, the CITY’s Local Housing Assistance Plan (LHAP), approved by the City Council (Resolution No. 2016-077-2976) and the Florida Housing Finance Corporation, created a Rental Assistance Program to provide financial assistance for extremely low- and very low- income households to obtain or remain in quality, safe, decent and affordable rental housing; and WHEREAS, the SUBRECIPIENT has instituted the Housing Assistance Network of Dade (HAND) to administer and provide these services, and; WHEREAS, pursuant to the LHAP, the SUBRECIPIENT has requested funds through a competitive Request for Proposal process conducted by the Miami-Dade County Homeless Trust; and WHEREAS, it is in the interest of the CITY to enter into an agreement with the SUBRECIPIENT by granting SHIP Program funds to the SUBRECIPIENT to carry out the Rental Assistance Program as more fully described herein; NOW, THEREFORE, in consideration of these mutual covenants and obligations herein set forth, the parties understand and agree as follows: 63 of 179 2 ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement. Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D City of Miami Gardens SHIP Rental Assistance Strategy Exhibit E MOU Between the City and Miami-Dade County Homeless Trust Exhibit F Citrus Health Network Application Exhibit G Certification Regarding Lobbying Form Exhibit H Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form). Exhibit I Crime Entity Affidavit 1.2 DEFINED TERMS. As used herein the following terms shall mean: Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. City: City of Miami Gardens 64 of 179 3 Department: The City of Miami Gardens Department of Community Development. FHFC: Florida Housing Finance Corporation Homeless: As set forth under s. 410.621 and s. 420.9072(7)(b), Florida Statutes Person with Special Needs: As set forth in s. 420.0004, Florida Statutes. SHIP Program: State Housing Initiative Partnership Program. SHIP Program Regulations: Chapter 420.907 through 420.9079, Florida Statutes, and Corporation Rule 67-37.005, Florida Administrative Code. Sub-Recipient: Citrus Health Network, Inc. Extremely Low-Income Household: A household whose total income is at or below 30% of the Area Median Income as set forth by the FHFC. Very Low-Income Household: A household whose total income is above 30% but at or below 50% of the Area Median Income as set forth by the FHFC. ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY’S execution of this Agreement: 2.1 The Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of SHIP Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and 65 of 179 4 deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUBRECIPIENT under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Certification of Sound Fiscal Management. 2.7 A copy of the SUBRECIPIENT’S corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990). 2.11 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUBRECIPIENT, certified by the SUBRECIPIENT’S Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 ADA Certification. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 66 of 179 5 3.2 EFFECTIVE DATE AND TERM: This Agreement shall begin on April 1, 2017 and end on June 30, 2018. 3.3 OBLIGATIONS OF SUBRECIPIENT: The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program, Exhibit B, which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements as prescribed in this Agreement, and as set forth by FHFC and the CITY. 3.4 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in the event of the occurrence of any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. ARTICLE IV SHIP FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION The amount of compensation payable by the CITY to the SUBRECIPIENT shall be based on the rates, schedules and conditions described in Exhibit C Compensation and Budget Summary attached hereto, which by this reference is incorporated into this Agreement. All activities shall be paid on a reimbursement basis following the submission of a monthly invoice along with the appropriate support documentation. 4.2 INSURANCE: At all times during the term hereof, the SUBRECIPIENT shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 67 of 179 6 4.2.1 The SUBRECIPIENT shall provide the following coverage: (i) Commercial General Liability in an amount not less than $300,000.00 per occurrence, $1,000,000.00 aggregate, protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an accident occurring on or about, its property. (ii) Automobile liability for all owned vehicles and for non-owned and hired automobiles in the amount of $300,000 combined single limit for bodily and property damage and/or split limits in the amount of $100,000/$300,000 for bodily injury and $100,000 for property damage. (iii) Workers' compensation insurance as required by the laws of the State of Florida. 4.2.2 All such insurance shall insure the CITY as the primary additional insured. The SUBRECIPIENT shall be required to furnish evidence of any other insurance coverage the CITY may reasonably require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30 days prior written notice of termination, cancellation, expiration or modification, and all such policies shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grant of funds hereunder. The CITY shall be named as Loss Payee. 4.2.4 Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 4.2.5 SUBRECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement. 4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as “Indemnities”) and each of them from and against all loss, costs, penalties, fines, damages, claims, 68 of 179 7 expenses (including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of SUBRECIPIENT or its employees, agents or subcontractors, or (ii) the failure of the SUBRECIPIENT to comply with any of the paragraphs herein or the failure of the SUBRECIPIENT to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. SUBRECIPIENT expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of SUBRECIPIENT, or any of its subcontractors, as provided above, for which the SUBRECIPIENT’S liability to such employee or former employee would otherwise be limited to payments under state Workers’ Compensation or similar laws. 4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to the SUBRECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 USE OF SHIP FUNDS WITH OTHER FUNDS If during the term of this Agreement, SHIP funds are used with other governmental funds for the Program, and both have restrictions on the same issue, then the funding source with the more restrictive regulations shall take precedence. 69 of 179 8 4.6 CONTINGENCY CLAUSE: Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for SHIP Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following audit requirements: 5.1.1 If the SUBRECIPIENT expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year the SUBRECIPIENT shall be required to have a state single audit, or a project-specific audit, for such fiscal year in accordance with the requirements of Section 215.97, Florida Statutes; applicable rules of the executive Office of the Governor and the Chief Financial Officer (CFO); and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the SUBRECIPIENT shall consider all sources of State financial assistance, including State financial assistance received from the FHFC, other State agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. Copies of the required audit report package shall be submitted to the CITY. 5.1.2 In connection with the audit requirements addressed in Paragraph 5.1.1 above, the SUBRECIPIENT shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. 70 of 179 9 In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine whether the SUBRECIPIENT has complied with laws, regulations and the provisions of this Agreement. 5.1.3 If the SUBRECIPIENT expends less than $500,000 in the fiscal year it is exempted from State audit requirements for that year and consequently the audit cost is not a reimbursable expense. The CITY, however, may request the SUBRECIPIENT to have a limited scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the CITY and address only one or more of the following types of compliance requirements: activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. 5.1.4 In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, as revised, monitoring procedures may include, but not be limited to, on-site visits by the FHFC staff, limited scope audits, and/or other procedures. By entering into this Agreement, the SUBRECIPIENT agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the FHFC and the CITY. In the event the FHFC determines that a limited scope audit of the SUBRECIPIENT is appropriate, the SUBRECIPIENT agrees to comply with any additional instructions provided by the FHFC staff to the SUBRECIPIENT regarding such audit. The SUBRECIPIENT further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the CFO or Auditor General. All reports presented to the CITY shall, where applicable, include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 71 of 179 10 6.1 The SUBRECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of the SHIP Program. At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing a full description of each activity undertaken with SHIP Funds, including its location (if the activity has a geographical locus), the amount of SHIP Funds budgeted, obligated and expended for the activity, and other records necessary to document compliance. 6.1.2 Records demonstrating that each activity undertaken meets the criteria set forth in the SHIP Regulation. Where information on income by family size is required, the SUBRECIPIENT may substitute evidence establishing that the person assisted qualified under another program having income qualification criteria at least as restrictive as that used in the definitions of “Extremely Low-income Household” and “Very Low-income Household” as set forth in Article I of this Agreement; or, the SUBRECIPIENT may substitute a notice that the assisted person is a referral from any governmental agency that determines persons to be “Extremely Low- income” or “Very Low-income” based upon the SHIP criteria and agrees to maintain documentation supporting those determinations. Such records shall include the following information: (i) For each activity determined to benefit extremely low- or very low-income persons, the income limits applied and the point in time when the benefit was determined. (ii) For each activity determined to benefit low-income persons because the activity involves a facility or service designed for use by a limited clientele or special needs population consisting exclusively or predominantly of extremely low- or very low-income persons: (a) Documentation establishing that the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers, for which the regulations provide presumptive benefit to extremely low- or very low-income persons; or 72 of 179 11 (b) Documentation describing how the nature and, if applicable, the location of the facility or service establishes that it is used predominantly by extremely low- or very low-income persons; or (c) Data showing the size and annual income of the family of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and single- headed households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with SHIP Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. 6.1.4 Financial records, in accordance with the applicable requirements listed in the SHIP Program Regulations. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in the SHIP Program Regulations and the Florida Statutes. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT’S records, including Project and programmatic records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the “Retention Period”). All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient to meet the requirements of the SHIP Program Regulations. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 73 of 179 12 6.2.2 The SUBRECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this Agreement. 6.2.3 If the CITY or the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing both during the pendency of this Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. 6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide a copy of each such report and any follow-up communications and reports 74 of 179 13 to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification is acceptable. At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT’s official policies on specified issues relating to the SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff; the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUBRECIPIENT shall report to the Department the name, purpose for and any and all other relevant information in connection with any related-party transaction. The term “related-party transaction” includes, but is not limited to, a for-profit or non-profit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT is responsible for appointing memberships. The SUBRECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. 6.6 REPORTS: 75 of 179 14 The SUBRECIPIENT shall submit to the CITY the reports described below or any other document in whatever form, manner, or frequency as may be requested by the CITY. These will be used for monitoring the provider’s progress, performance, and compliance with applicable CITY and Federal requirements. 6.6.1 Progress Reports – SUBRECIPIENT shall submit a HMIS generated, “Monthly Progress Report (MPR),” along with any other required reports. The reports shall explain the SUBRECIPIENT’S progress including comparisons of actual versus planned progress for the period. The reports are due by the thirtieth (30th) day of the month following the delivery of services, along with the request for reimbursement. 6.6.2 Annual Progress Report – The SUBRECIPIENT shall submit a HMIS generated Annual Progress Report. The Complete and accurate APR is due to the CITY sixty (60) days after the end of each operating year ending July 30. 6.7 HOMELESS MANAGEMENT INFROMATION SYSTEM: The SUBRECIPIENT agrees to participate in the Continuum of Care Homeless Management Information System (HMIS) selected and established by Miami-Dade County. Participation will include, but is not limited to, input of client data upon intake, daily updates of bed availability information, as well as updates of client files upon client contact, and maintaining current data for statistical purposes. The SUBRECIPIENT agrees to create a separate project for each Agreement in HMIS and understands that they are responsible for any ongoing cost to access the HMIS system. ARTICLE VII OTHER PROGRAM REQUIREMENTS 7.1 The SUBRECIPIENT shall maintain current documentation that its activities are SHIP eligible in accordance with Chapter 420.907 through 420.9079, Florida Statutes, and Corporation Rule 67-37.005, Florida Administrative Code. 7.2 The SUBRECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CITY SHIP Funds is an activity which provides benefit to extremely low- and/or very low-income persons. 76 of 179 15 7.3 The SUBRECIPIENT shall comply with all applicable provisions of the SHIP Program Regulations and shall carry out each activity in compliance with all applicable state laws and regulations described therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 CONTINUUM OF CARE REQUIREMENTS: The Miami-Dade County Homeless Trust (Trust) is the lead agency for the Miami-Dade County Homeless Continuum of Care (CoC). The SUBRECIPIENT agrees to the following terms as set forth in the Memorandum of Understanding (MOU) between the CITY and the Trust: a. Utilize the coordinated entry system, which assesses housing need and prioritizes referral for housing assistance (COAP); b. Comply with all SHIP Program requirements, the Miami-Dade CoC Standards of Care, policies and procedures governing COAP and its Rapid Re-Housing Strategy and the terms of the MOU between the CITY and the Miami-Dade County Homeless Trust; c. Minimize barriers to rapidly re-house homeless households, including SUB- RECIPIENT agency policies for assistance, and pro-actively work with landlords to address eligibility and screening policies and practices that may prevent tenancy. d. Provide housing-related services as described above in Article V of the MOU. e. During the period of assistance, serve as liaison between the household and landlord to address any concern that could lead to eviction as well as a landlord’s failure to comply with the terms of the lease; f. Agree to be subject to the CoC’s performance standards for homeless providers; g. Cooperate with CoC’s on-going data collection and performance reporting efforts; h. Participate in and cooperate with resource planning efforts by the Homeless Trust in consultation with the CITY to determine the best use for SHIP funds to compliment other homeless prevention and rapid Re-Housing-dedicated funding (i.e. ESG, ESB, CoC, HOME, Challenge Grant and SSVF); 77 of 179 16 I. Allow participants to freely exercise their preferences in selecting neighborhoods and buildings in which they want to live; and J. Secure and maintain releases of information for each assisted household to ensure open communication between the SUBRECIPIENT, CITY and the Trust. 7.5 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this Agreement. Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.6 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any SHIP Funds on hand at the time of expiration/termination and any accounts receivable attributable to the use of SHIP Funds. 7.7 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement as set forth more fully below in Article IX of this Agreement. ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the SHIP Funds. When such income is generated by an activity that is only partially assisted with the SHIP Funds, the income shall be prorated to reflect the percentage of SHIP Funds used. Program income generated by SHIP funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income 78 of 179 17 on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY. The SUBRECIPIENT shall submit to the CITY a monthly Program Income Report and a Work Program Status Report. The Program Income Report shall identify SHIP funded activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the SHIP Funds shall be remitted to the CITY on a monthly basis. Any SHIP Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION, TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever. If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current SHIP Funds awarded to the SUBRECIPIENT. 9.1.4 Withhold further SHIP grants and/or loans for the SUBRECIPIENT. 79 of 179 18 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The Department may, for reasonable cause temporarily suspend the SUBRECIPIENT’S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending necessary corrective action by the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the SHIP Funds by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT to submit any documents required by this Agreement; or (iv) The SUBRECIPIENT’S submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUBRECIPIENT’S authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by this Agreement. 9.2.4 The Department will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY’S funding source de-obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY’S funding source reduces the CITY’S allocation under the SHIP Program, 80 of 179 19 the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion that the SUBRECIPIENT is not materially complying with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to the CITY direct or contingent, whether now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the Department may, by written notice to the SUBRECIPIENT, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department’s right to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION. The SUBRECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which may arise out of the SUBRECIPIENT’S activities related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any persons acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney’s fees, 81 of 179 20 expenses, and liabilities incurred by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction or limitation on their use if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that it has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in whole or in part, without the CITY’S prior written consent which may be granted or withheld in the CITY’S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with SHIP Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. 82 of 179 21 Any such interest on the part of the SUBRECIPIENT or its employees must be disclosed in writing to the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami Gardens (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of the same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within 2 CFR 200. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the standards contained within the SHIP Program Regulations at Chapters 420.907 through 420.9079, Florida Statutes, and Corporation Rule 67-37.005, Florida Administrative Code. 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute the only Agreement of the parties hereto relating to the SHIP Funds and sets forth the rights, duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 10.10 GENERAL CONDITIONS. 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in writing. Such notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI GARDENS Laurin Yoder, Community Development Division Director Department of Community Development 18605 NW 27th Avenue, Ste. 151 Miami Gardens, Florida 33056 SUBRECIPIENT CITRUS HEALTH NETWORK, INC. 83 of 179 22 4175 West 20th Avenue Hialeah, FL 33012 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10.10.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 10.10.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10.10.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the CITY. 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official act of the SUBRECIPIENT’S governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with this Agreement and to provide such information as may be required. 84 of 179 23 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. SUBRECIPIENT CITRUS HEALTH NETWORK, INC. 4175 West 20th Avenue Hialeah, FL 33012 a Florida not-for-profit corporation ATTEST: _______________________________ By: Corporate Secretary Date Name: Date Title: President & CEO SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: Ronetta Taylor Date Cameron D. Benson Date City Clerk City Manager APPROVED AS TO APPROVED FOR LEGAL INSURANCE REQUIREMENTS: SUFFICENCY: ___________________________________ Melissa Negron, Director Date Sonja K. Dickens Date Human Resources/Risk Management City Attorney 85 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Realtors Association Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: NA X Sponsor Name: Cameron D. Benson, City Manager Department: Development Services Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE THREE THOUSAND DOLLARS ($3,000.00) GRANT AWARD FROM THE NATIONAL ASSOCIATION OF REALTORS FOR THE PLACEMAKING GRANT PROGRAM; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS RELATED TO THE ACCEPTANCE OF THIS GRANT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens (“City”) has been awarded $3,000 from the National Association of Realtors’ Placemaking Grant Program which is focusing this year on a new initiative called “Realtors Changing Communities.” The City applied for monies from this program for a “Community Make-over” project to provide minor upgrades to commercial facades along State Road 441 between NW 196th and NW 204 Streets. The grant will allow the City to purchase paint supplies, shrubs and/or trees. The project proposed community participation from volunteers from the local Miami Association of Realtors and interns from a local college. Item K-5) Consent Agenda Resolution Grant Award from NationalAssociation of Realtors 86 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 Current Situation The Miami Association of Realtors is overseeing the City’s Community Make-Over project on behalf of the National Association of Realtors and has gathered a small group of volunteers from its realtor membership to participate in this project. The Development Services Department is in the process of recruiting interns from local colleges such as Florida International University (FIU) for this project. The Development Services Department will identify a strip center and/or businesses interested in participating in this Community Make-Over project and obtain consent forms from the respective property owner(s). Analysis The Development Services Department hopes to build on this program and prospectively recruit businesses to participate in the City’s existing Business Incentive Program (“BIP”), which provides monies for commercial revitalization. Proposed Action: Staff recommends that the City Council accept the $3,000 grant award from the National Association of Realtors and allow the City Manager to execute any and all documents related to this grant award. Attachment: ATTACHMENT: AWARD LETTER FROM THE NATIONAL ASSOCIATION OF REALTORS 87 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACCEPTING THE THREE 4 THOUSAND DOLLARS ($3,000.00) GRANT AWARD FROM THE 5 NATIONAL ASSOCIATION OF REALTORS FOR THE 6 PLACEMAKING GRANT PROGRAM; AND AUTHORIZING THE 7 CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS 8 RELATED TO THE ACCEPTANCE OF THIS GRANT; PROVIDING 9 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 10 FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Miami Gardens has been awarded Three Thousand 13 Dollars ($3,000.00) from the National Association of Realtors’ Placemaking Grant 14 Program, which is focusing this year on a new initiative called “Realtors Changing 15 Communities,” and 16 WHEREAS, the City applied for monies from this program for a “Community 17 Make-over” project to provide minor upgrades to commercial facades along State Road 18 441 between Northwest 196th and Northwest 204th Streets, and 19 WHEREAS, the grant will allow the City to purchase paint supplies, shrubs 20 and/or trees for these improvements, and 21 WHEREAS, Staff recommends that the City Council accept the Three Thousand 22 Dollars ($3,000.00) grant award from the National Association of Realtors for the 23 Placemaking Grant Program, and allow the City Manager to execute any and all 24 documents related to the acceptance of this grant, 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29 made a specific part of this Resolution. 30 88 of 179 2 Section 2: ACCEPTANCE OF GRANT/AUTHORIZATION: The City Council 31 of the City of Miami Gardens hereby accepts the Three Thousand Dollars ($3,000.00) 32 grant award from the National Association of Realtors for the Placemaking Grant. The 33 City Council further authorizes the City Manager to execute any and all documents 34 related to the acceptance of this grant. 35 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 36 upon its final passage. 37 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 38 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 39 40 ___________________________________ 41 OLIVER GILBERT, III, MAYOR 42 43 44 ATTEST: 45 46 47 __________________________________ 48 RONETTA TAYLOR, MMC, CITY CLERK 49 50 51 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 52 53 54 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 55 56 Moved by: __________________ 57 58 VOTE: _________ 59 60 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63 Councilman Rodney Harris ____ (Yes) ____ (No) 64 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 66 Councilman David Williams Jr ____ (Yes) ____ (No) 67 89 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #: 12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CHEN MOORE & ASSOCIATES, INC., FOR GIS SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. Item K-6) Consent Agenda Resolution Agreement Renewal w/ Chen Moore & Associates 90 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to Chen & Associates Consulting Engineering, Inc., to negotiate and execute a non-exclusive continuing contract for GIS services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires GIS services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with Chen & Associates Consulting Engineering, Inc., for GIS services. Attachment: None. 91 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH CHEN MOORE & 5 ASSOCIATES, INC., FOR GIS SERVICES; PROVIDING FOR THE 6 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7 EFFECTIVE DATE. 8 9 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 10 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 11 Professional Fees, inviting qualified firms to provide qualifications for 12 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 13 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 14 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 15 to Chen Moore & Associates, Inc., and 16 WHEREAS, the initial term of the contract is for a three (3) year period, with the 17 City’s option to renew for one (1) year or multiple years under the same terms and 18 conditions, and 19 WHEREAS, the current contract expires April 24, 2017, and several projects are 20 on-going and the City still requires these services, and 21 WHEREAS, staff is recommending the City Council renew the non-exclusive 22 continuing contract with Chen Moore & Associates, Inc., for GIS Services, 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27 made a specific part of this Resolution. 28 92 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29 hereby authorizes the renewal of that certain Agreement with Chen Moore & 30 Associates, Inc., for GIS Services. 31 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32 upon its final passage. 33 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 35 36 ___________________________________ 37 OLIVER GILBERT, III, MAYOR 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 Moved by: __________________ 53 54 VOTE: _________ 55 56 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59 Councilman Rodney Harris ____ (Yes) ____ (No) 60 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63 64 93 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #:12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CRAVEN THOMPSON & ASSOCIATES, INC., FOR CIVIL ENGINEERING, GIS, AND SURVEY SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. Item K-7) Consent Agenda Resolution Agreement Renewal w/ Craven Thompson & Assoc. 94 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to Craven Thompson & Associates, Inc., to negotiate and execute a non-exclusive continuing contract for civil engineering, GIS, and survey services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires civil engineering, GIS, and survey services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with Craven Thompson & Associates, Inc., for civil engineering, GIS, and survey services. Attachment: None. 95 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH CRAVEN THOMPSON & 5 ASSOCIATES, INC., FOR CIVIL ENGINEERING, GIS, AND 6 SURVEY SERVICES; PROVIDING FOR THE ADOPTION OF 7 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 10 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 11 Professional Fees, inviting qualified firms to provide qualifications for 12 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 13 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 14 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 15 to Craven Thompson & Associates, Inc., and 16 WHEREAS, the initial term of the contract is for a three (3) year period, with the 17 City’s option to renew for one (1) year or multiple years under the same terms and 18 conditions, and 19 WHEREAS, the current contract expires April 24, 2017, and several projects are 20 on-going and the City still requires these services, and 21 WHEREAS, staff is recommending the City Council renew the non-exclusive 22 continuing contract with Craven Thompson & Associates, Inc., for Civil Engineering, 23 GIS, and Survey Services, 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 96 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30 hereby authorizes the renewal of that certain Agreement with Craven Thompson & 31 Associates, Inc., for Civil Engineering, GIS, and Survey Services. 32 Section 3: EFFECTIVE DATE: This Resolution shall take effect 33 immediately upon its final passage. 34 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 36 37 ___________________________________ 38 OLIVER GILBERT, III, MAYOR 39 40 41 ATTEST: 42 43 44 __________________________________ 45 RONETTA TAYLOR, MMC, CITY CLERK 46 47 48 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 49 50 51 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 52 53 Moved by: __________________ 54 55 VOTE: _________ 56 57 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 59 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 60 Councilman Rodney Harris ____ (Yes) ____ (No) 61 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 63 Councilman David Williams Jr ____ (Yes) ____ (No) 64 65 97 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #: 12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CPZ ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. Item K-8) Consent Agenda Resolution Agreement Renewal w/ CPZ Architects 98 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to CPZ Architects, Inc., to negotiate and execute a non-exclusive continuing contract for architectural services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires architectural services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with CPZ Architects, Inc., for architectural services. Attachment: None. 99 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH CPZ ARCHITECTS, INC., 5 FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE 6 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7 EFFECTIVE DATE. 8 9 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 10 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 11 Professional Fees, inviting qualified firms to provide qualifications for 12 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 13 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 14 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 15 to CPZ Architects, Inc., and 16 WHEREAS, the initial term of the contract is for a three (3) year period, with the 17 City’s option to renew for one (1) year or multiple years under the same terms and 18 conditions, and 19 WHEREAS, the current contract expires April 24, 2017, and several projects are 20 on-going and the City still requires these services, and 21 WHEREAS, staff is recommending the City Council renew the non-exclusive 22 continuing contract with CPZ Architects, Inc., for Architectural Services, 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27 made a specific part of this Resolution. 28 100 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29 hereby authorizes the renewal of that certain Agreement with CPZ Architects, Inc., for 30 Architectural Services. 31 Section 3: EFFECTIVE DATE: This Resolution shall take effect 32 immediately upon its final passage. 33 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 35 36 ___________________________________ 37 OLIVER GILBERT, III, MAYOR 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 Moved by: __________________ 53 54 VOTE: _________ 55 56 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59 Councilman Rodney Harris ____ (Yes) ____ (No) 60 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63 64 101 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #:12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CSA CENTRAL, INC., FOR ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. Item K-9) Consent Agenda Resolution Agreement Renewal w/ CSA Central Inc. 102 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to CSA Central, Inc., to negotiate and execute a non-exclusive continuing contract for engineering services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi- year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires engineering services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 2019, with CSA Central, Inc., for engineering services. Attachment: None. 103 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH CSA CENTRAL, INC., FOR 5 ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION 6 OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 7 DATE. 8 9 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 10 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 11 Professional Fees, inviting qualified firms to provide qualifications for 12 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 13 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 14 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 15 to CSA Central, Inc., and 16 WHEREAS, the initial term of the contract is for a three (3) year period, with the 17 City’s option to renew for one (1) year or multiple years under the same terms and 18 conditions, and 19 WHEREAS, the current contract expires April 24, 2017, and several projects are 20 on-going and the City still requires these services, and 21 WHEREAS, staff is recommending the City Council renew the non-exclusive 22 continuing contract with CSA Central, Inc., for Engineering Services, 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27 made a specific part of this Resolution. 28 104 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29 hereby authorizes the renewal of that certain Agreement with CSA Central, Inc., for 30 Engineering Services. 31 Section 3: EFFECTIVE DATE: This Resolution shall take effect 32 immediately upon its final passage. 33 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 35 36 ___________________________________ 37 OLIVER GILBERT, III, MAYOR 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 Moved by: __________________ 53 54 VOTE: _________ 55 56 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59 Councilman Rodney Harris ____ (Yes) ____ (No) 60 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63 64 105 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #: 12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC., FOR CIVIL AND TRAFFIC ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. Item K-10) Consent Agenda Resolution Agreement Renewal w/ Kimley-Horn & Assoc., Inc. 106 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to Kimley-Horn & Associates, Inc., to negotiate and execute a non-exclusive continuing contract for civil and traffic engineering services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The current contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires civil and traffic engineering services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution, for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with Kimley-Horn & Associates, Inc., for civil and traffic engineering services. Attachment: None. 107 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH KIMLEY-HORN & 5 ASSOCIATES, INC., FOR CIVIL AND TRAFFIC ENGINEERING 6 SERVICES; PROVIDING FOR THE ADOPTION OF 7 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 10 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 11 Professional Fees, inviting qualified firms to provide qualifications for 12 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 13 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 14 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 15 to Kimley-Horn & Associates, Inc., and 16 WHEREAS, the initial term of the contract is for a three (3) year period, with the 17 City’s option to renew for one (1) year or multiple years under the same terms and 18 conditions, and 19 WHEREAS, the current contract expires April 24, 2017, and several projects are 20 on-going and the City still requires these services, and 21 WHEREAS, staff is recommending the City Council renew the non-exclusive 22 continuing contract with Kimley-Horn & Associates, Inc., for Civil and Traffic Engineering 23 Services, 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. 29 108 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30 hereby authorizes the renewal of that certain Agreement with Kimley-Horn & 31 Associates, Inc., for Civil and Traffic Engineering Services. 32 Section 3: EFFECTIVE DATE: This Resolution shall take effect 33 immediately upon its final passage. 34 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 36 37 ___________________________________ 38 OLIVER GILBERT, III, MAYOR 39 40 41 ATTEST: 42 43 44 __________________________________ 45 RONETTA TAYLOR, MMC, CITY CLERK 46 47 48 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 49 50 51 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 52 53 Moved by: __________________ 54 55 VOTE: _________ 56 57 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 59 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 60 Councilman Rodney Harris ____ (Yes) ____ (No) 61 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 63 Councilman David Williams Jr ____ (Yes) ____ (No) 64 65 109 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #: 12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH SGM ENGINEERING, INC., FOR ELECTRICAL AND MECHANICAL ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. Item K-11) Consent Agenda Resolution Agreement Renewal w/ SGM Engineering, Inc. 110 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to SGM Engineering, Inc., to negotiate and execute a non-exclusive continuing contract for electrical and mechanical engineering services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires electrical and mechanical engineering services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with SGM Engineering, Inc., for electrical and mechanical engineering services. Attachment: None. 111 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH SGM ENGINEERING, INC., 5 FOR ELECTRICAL AND MECHANICAL ENGINEERING 6 SERVICES; PROVIDING FOR THE ADOPTION OF 7 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 10 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 11 Professional Fees, inviting qualified firms to provide qualifications for 12 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 13 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 14 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 15 to SGM Engineering, Inc., and 16 WHEREAS, the initial term of the contract is for a three (3) year period, with the 17 City’s option to renew for one (1) year or multiple years under the same terms and 18 conditions, and 19 WHEREAS, the current contract expires April 24, 2017, and several projects are 20 on-going and the City still requires these services, and 21 WHEREAS, staff is recommending the City Council renew the non-exclusive 22 continuing contract with SGM Engineering, Inc., for Electrical and Mechanical 23 Engineering Services, 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. 29 112 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30 hereby authorizes the renewal of that certain Agreement with SGM Engineering, Inc., 31 for Electrical and Mechanical Engineering Services. 32 Section 3: EFFECTIVE DATE: This Resolution shall take effect 33 immediately upon its final passage. 34 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 36 37 ___________________________________ 38 OLIVER GILBERT, III, MAYOR 39 40 41 ATTEST: 42 43 44 __________________________________ 45 RONETTA TAYLOR, MMC, CITY CLERK 46 47 48 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 49 50 51 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 52 53 Moved by: __________________ 54 55 VOTE: _________ 56 57 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 59 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 60 Councilman Rodney Harris ____ (Yes) ____ (No) 61 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 63 Councilman David Williams Jr ____ (Yes) ____ (No) 64 65 113 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #:12-13-009 Contract Renewal RFQ#12-13-009 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH TRC, LLC, FOR STRUCTURAL ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was Item K-12) Consent Agenda Resolution Agreement Renewal w/ TRC, LLC. 114 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to TRC, LLC, to negotiate and execute a non-exclusive continuing contract for structural engineering services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires structural engineering services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with TRC, LLC, for structural engineering services. Attachment: None. 115 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH TRC, LLC, FOR 5 STRUCTURAL ENGINEERING SERVICES; PROVIDING FOR 6 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7 EFFECTIVE DATE. 8 9 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 10 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 11 Professional Fees, inviting qualified firms to provide qualifications for 12 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 13 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 14 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 15 to TRC, LLC, and 16 WHEREAS, the initial term of the contract is for a three (3) year period, with the 17 City’s option to renew for one (1) year or multiple years under the same terms and 18 conditions, and 19 WHEREAS, the current contract expires April 24, 2017, and several projects are 20 on-going and the City still requires these services, and 21 WHEREAS, staff is recommending the City Council renew the non-exclusive 22 continuing contract with TRC, LLC, for Structural Engineering Services, 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27 made a specific part of this Resolution. 28 116 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29 hereby authorizes the renewal of that certain Agreement with TRC, LLC, for Structural 30 Engineering Services. 31 Section 3: EFFECTIVE DATE: This Resolution shall take effect 32 immediately upon its final passage. 33 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 35 36 ___________________________________ 37 OLIVER GILBERT, III, MAYOR 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 Moved by: __________________ 53 54 VOTE: _________ 55 56 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59 Councilman Rodney Harris ____ (Yes) ____ (No) 60 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63 64 117 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #:12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH ACAI ASSOCIATES, INC., FOR ARCHITECTURAL DESIGN, ELECTRICAL, MECHANICAL, AND STRUCTURAL ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. Item K-13) Consent Agenda Resolution Agreement Renewal w/ Acai Assoc. Inc. 118 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to ACAI Associates, Inc., to negotiate and execute a non-exclusive continuing contract for architectural design, electrical, mechanical and structural engineering services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires architectural design, electrical, mechanical and structural engineering services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with ACAI Associates, Inc., for architectural design, electrical, mechanical and structural engineering services. Attachment: None. 119 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH ACAI ASSOCIATES, INC., 5 FOR ARCHITECTURAL DESIGN, ELECTRICAL, MECHANICAL, 6 AND STRUCTURAL ENGINEERING SERVICES; PROVIDING 7 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 8 FOR AN EFFECTIVE DATE. 9 10 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 11 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 12 Professional Fees, inviting qualified firms to provide qualifications for 13 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 14 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 15 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 16 to ACAI Associates, Inc., and 17 WHEREAS, the initial term of the contract is for a three (3) year period, with the 18 City’s option to renew for one (1) year or multiple years under the same terms and 19 conditions, and 20 WHEREAS, the current contract expires April 24, 2017, and several projects are 21 on-going and the City still requires these services, and 22 WHEREAS, staff is recommending the City Council renew the non-exclusive 23 continuing contract with ACAI Associates, Inc., for Architectural Design, Electrical, 24 Mechanical, and Structural Engineering Services, 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29 made a specific part of this Resolution. 30 120 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31 hereby authorizes the renewal of that certain Agreement with ACAI Associates, Inc., for 32 Architectural Design, Electrical, Mechanical, and Structural Engineering Services. 33 Section 3: EFFECTIVE DATE: This Resolution shall take effect 34 immediately 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 ____________, 2017. 37 38 ___________________________________ 39 OLIVER GILBERT, III, MAYOR 40 41 42 ATTEST: 43 44 45 __________________________________ 46 RONETTA TAYLOR, MMC, CITY CLERK 47 48 49 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 50 51 52 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 53 54 Moved by: __________________ 55 56 VOTE: _________ 57 58 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 60 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61 Councilman Rodney Harris ____ (Yes) ____ (No) 62 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 64 Councilman David Williams Jr ____ (Yes) ____ (No) 65 66 121 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #: 12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH BERMELLO AJAMIL & PARTNERS, INC., FOR ARCHITECTURAL, LANDSCAPE ARCHITECTURAL, AND CONSTRUCTION ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. Item K-14) Consent Agenda Resolution Agreement Renewal w/ Bermello Ajamil & Partners, Inc. 122 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to Bermello Ajamil & Partners, Inc., to negotiate and execute a non-exclusive continuing contract for architectural, landscape architectural, and construction engineering services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires architectural, engineering and planning services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with Bermello Ajamil & Partners, Inc., for architectural, landscape architectural, and construction engineering services. Attachment: None. 123 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH BERMELLO AJAMIL & 5 PARTNERS, INC., FOR ARCHITECTURAL, LANDSCAPE 6 ARCHITECTURAL, AND CONSTRUCTION ENGINEERING 7 SERVICES; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 11 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 12 Professional Fees, inviting qualified firms to provide qualifications for 13 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 14 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 15 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 16 to Bermello Ajamil & Partners, Inc., and 17 WHEREAS, the initial term of the contract is for a three (3) year period, with the 18 City’s option to renew for one (1) year or multiple years under the same terms and 19 conditions, and 20 WHEREAS, the current contract expires April 24, 2017, and several projects are 21 on-going and the City still requires these services, and 22 WHEREAS, staff is recommending the City Council renew the non-exclusive 23 continuing contract with Bermello Ajamil & Partners, Inc., for Architectural, Landscape 24 Architectural, and Construction Engineering Services, 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29 made a specific part of this Resolution. 30 124 of 179 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31 hereby authorizes the renewal of that certain Agreement with Bermello Ajamil & 32 Partners, Inc. , for Architectural, Landscape Architectural, and Construction Engineering 33 Services. 34 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35 upon its final passage. 36 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 38 39 ___________________________________ 40 OLIVER GILBERT, III, MAYOR 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: CAMERON D. BENSON, CITY MANAGER 54 55 Moved by: __________________ 56 57 VOTE: _________ 58 59 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 62 Councilman Rodney Harris ____ (Yes) ____ (No) 63 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 64 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 65 Councilman David Williams Jr ____ (Yes) ____ (No) 66 67 125 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Various Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFQ #:12-13-009 Contract Renewal Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 X Sponsor Name Cameron Benson, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH CALVIN GIORDANO & ASSOCIATES, INC., FOR CIVIL ENGINEERING, LANDSCAPE ARCHITECTURAL, CONSTRUCTION ENGINEERING, PLANNING SURVEY, TRAFFIC ENGINEERING, AND OTHER ENGINEERING SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND On November 26, 2012, staff issued Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering Services for Professional Fees, inviting qualified firms to provide qualifications for Architectural/Engineering Services for Professional Fees from $50,000-$200,000. A broadcast notice was sent to one thousand nine hundred fifteen vendors (1,915). One hundred seventeen (117) proposals were requested. The RFQ opened on January 10, 2013. Twenty-eight (28) proposals were received and publicly read. Item K-15) Consent Agenda Resolution Agreement Renewal w/ Calvin Giordano & Assoc., Inc. 126 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 On January 28, 2013, the Selection Committee ranked the firms. A Selection Committee meeting was held on February 4, 2013, to discuss the scheduling of oral presentations. The oral presentations were held on March 5, 2013 and March 6, 2013. On April 24, 2013, City Council awarded Request For Qualifications (RFQ) Number 12-13-009, for Continuing Architectural/Engineering and Planning Services for Professional Fees $50,000-$200,000, to Calvin Giordano & Associates, Inc., to negotiate and execute a non-exclusive continuing contract for civil engineering, landscape architectural, construction engineering, planning, survey, traffic engineering and other engineering services. The initial term of the contract is for three (3) years, with the option to renew for one (1) year or multi-year terms. CURRENT SITUATION The initial contract expires April 24, 2017. Inasmuch as several projects are on-going and the City still requires civil engineering, landscape architectural, construction engineering, planning, survey, traffic engineering and other engineering services. Staff is recommending a second renewal of this contract for two years. FISCAL IMPACT Prior to formal engagement of any project with the Vendor, staff will ensure and review by Finance that the service is budgeted and there is enough funding for the engagement. Proposed Action: It is recommended that the City Council approve the attached resolution for the second renewal of a non-exclusive continuing contract, through April 23, 2019, with Calvin Giordano & Associates, Inc., for civil engineering, landscape architectural, construction engineering, planning, survey, traffic engineering and other engineering services. Attachment: None. 127 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH CALVIN GIORDANO & 5 ASSOCIATES, INC., FOR CIVIL ENGINEERING, LANDSCAPE 6 ARCHITECTURAL, CONSTRUCTION ENGINEERING, PLANNING 7 SURVEY, TRAFFIC ENGINEERING, AND OTHER ENGINEERING 8 SERVICES; PROVIDING FOR THE ADOPTION OF 9 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, on November 26, 2012, staff issued Request For Qualifications 12 (“RFQ”) Number 12-13-009 for Continuing Architectural/Engineering Services for 13 Professional Fees, inviting qualified firms to provide qualifications for 14 Architectural/Engineering Services for Professional Fees from $50,000-$200,000, and 15 WHEREAS, on April 24, 2013, City Council awarded RFQ Number 12-13-009 for 16 Continuing Architectural/Engineering Services for Professional Fees $50,000-$200,000 17 to Calvin Giordano & Associates, Inc., and 18 WHEREAS, the initial term of the contract is for a three (3) year period, with the 19 City’s option to renew for one (1) year or multiple years under the same terms and 20 conditions, and 21 WHEREAS, the current contract expires April 24, 2017, and several projects are 22 on-going and the City still requires these services, and 23 WHEREAS, staff is recommending the City Council renew the non-exclusive 24 continuing contract with Calvin Giordano & Associates, Inc., for Civil Engineering, 25 Landscape Architectural, Construction Engineering, Planning Survey, Traffic 26 Engineering, and other Engineering Services, 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 29 128 of 179 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 30 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 31 made a specific part of this Resolution. 32 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 33 hereby authorizes the renewal of that certain Agreement with Calvin Giordano & 34 Associates, Inc., for Civil Engineering, Landscape Architectural, Construction 35 Engineering, Planning Survey, Traffic Engineering, and other Engineering Services. 36 Section 3: EFFECTIVE DATE: This Resolution shall take effect 37 immediately upon its final passage. 38 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 40 41 ___________________________________ 42 OLIVER GILBERT, III, MAYOR 43 44 45 ATTEST: 46 47 48 __________________________________ 49 RONETTA TAYLOR, MMC, CITY CLERK 50 51 52 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 53 54 55 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 56 57 Moved by: __________________ 58 59 VOTE: _________ 60 61 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 62 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 64 Councilman Rodney Harris ____ (Yes) ____ (No) 65 129 of 179 3 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 66 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 67 Councilman David Williams Jr ____ (Yes) ____ (No) 68 69 130 of 179 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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: Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: 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 Sponsor Name Cameron Benson, City Manager Department: City Manager Finance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2015-2016 ANNUAL AUDIT REPORT FROM THE CITY’S AUDITOR, ANTHONY BRUNSON, P.A.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: In accordance with Florida Statute 218.39, all municipalities are required to have annual audit performed by an independent certified public accounting firm. The City’s external auditors, Anthony Brunson P.A., performed the FY 2016 financial audit and reviewed the financial statement schedules prepared by City’s staff. Staff is submitting the FY 2016 Comprehensive Annual Financial Report to Council for acceptance. Item K-16) Consent Agenda Resolution Annual Audit FY 2015-2016 131 of 179 18605 NW 27 Ave Miami Gardens, Florida 33056 Proposed Action: Staff recommends Council’s approval of this resolution accepting the FY 2016 Comprehensive Annual Financial Report. Attachment: FY 2016 Comprehensive Annual Financial Report 132 of 179 RESOLUTION NO. 2017- 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 4 2015-2016 ANNUAL AUDIT REPORT FROM THE CITY’S 5 AUDITOR, ANTHONY BRUNSON, P.A.; PROVIDING FOR THE 6 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7 EFFECTIVE DATE. 8 9 WHEREAS, in accordance with Section 218.39, Florida Statutes, municipalities 10 are required to have an annual audit performed by an independent Certified Public 11 Accounting firm, and 12 WHEREAS, the external auditors, Anthony Brunson, P.A., have performed the 13 required audit and reviewed the Comprehensive Annual Financial Report, and 14 WHEREAS, the City Council would like to accept the Fiscal Year 2015-2016 15 Annual Audit Report, 16 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 18 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20 made a specific part of this Resolution. 21 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens 22 hereby accepts the Fiscal Year 2015-2016 Annual Audit Report prepared by the 23 Finance Department and audited by Anthony Brunson, P.A. 24 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 25 upon its final passage. 26 27 133 of 179 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 29 30 ___________________________________ 31 OLIVER GILBERT, III, MAYOR 32 33 34 35 ATTEST: 36 37 38 __________________________________ 39 RONETTA TAYLOR, MMC, CITY CLERK 40 41 42 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 43 44 45 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 46 47 Moved by: __________________ 48 49 VOTE: _________ 50 51 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 52 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 53 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 54 Councilman Rodney Harris ____ (Yes) ____ (No) 55 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 56 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 57 Councilman David Williams Jr ____ (Yes) ____ (No) 58 59 134 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 8, 2017 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 Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFQ No. 12-13-021 Community Develop. Agency (CRA) Agreement Professional Services 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: X Sponsor Name Cameron Benson, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THAT CERTAIN WORK AGREEMENT NO. 2 WITH KEITH & SCHNARS, P.A. FOR CRA SERVICES IN AN AMOUNT NOT TO EXCEED EIGHTY-NINE THOUSAND, FOUR HUNDRED EIGHTY-FIVE DOLLARS (89,485,00); AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS NEEDED BASIS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: BACKGROUND The City of Miami Gardens desires to establish a Community Redevelopment Agency (CRA) along the Item K-17) Consent Agenda Resolution Agreement #2 w/ Keith & Schnars, P.A. 135 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 Northwest 27th Avenue Corridor and to capture the tax revenue from new development to be used for redevelopment of existing properties along this very important corridor in particular the potential development of a Performing Arts Center. The Northwest 27th Avenue Corridor is considered the primary economic development corridor within the City of Miami Gardens. On May 8, 2013, City Council selected Keith & Schnars, P.A to perform services relating to the creation of a Community Redevelopment Agency (CRA) along the Northwest 27th Avenue Corridor. City staff is requesting approval of Work Agreement Number 2, in accordance with the Request For Qualifications (RFQ) Number 12-13-021 for the Planning and Conceptual Finding of Necessity Report Agreement between the City of Miami Gardens and Keith & Schnars, P.A, for Professional Services for the City’s Community Redevelopment Agency (CRA), overall total Work Agreement amount of eighty- nine thousand four hundred eighty-five dollars ($89,485.00). CURRENT SITUATION This proposed Work Agreement Number 2 is for City of Miami Gardens Community Redevelopment Agency planning professional services. On January 17, 2013, Request For Qualifications (RFQ) Number 12-13-021 was solicited and posted on Demandstar. A broadcast notice was sent to one thousand five hundred twelve (1512) suppliers. Request For Qualifications (RFQ) Number 12-13-021 opened on February 28, 2013. Three (3) proposals were received and publicly read. On April 24, 2013, oral presentations were held by City Council and on May 8, 2013 City Council awarded Request For Qualifications (RFQ) Number 12-13-021 to Keith & Schnars, P.A. On July 24, 2013, under Resolution Number 2013-182-1978, City Council approved the addendum to Request For Qualification (RFQ) Number 12-13-021 for additional cost associated with the study for further analysis. The Office of Procurement Management did not apply the City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP) preference, Ordinance No. 2015-06-341. This contract was awarded on May 8, 2013. The scope of services for this Work Agreement includes Consultant services for project initiation meetings, Miami-Dade County meetings, site inventory and analysis, City staff scoping meeting, the Community Redevelopment Plan and the establishment of the Community Redevelopment Trust Fund. The total lump sum fee for Phase I and Phase II is eighty-nine thousand four hundred eighty-five dollars ($89,485.00) and reimbursable expenses, five percent (5%) of the gross invoice amount (Exhibit 1). Proposed Action: It is recommended the City Council approves Work Agreement Number 2, Request For Qualifications (RFQ) 12-13-021, for the City of Miami Gardens Community Redevelopment Agency Plan and Trust Fund 136 of 179 18605 NW 27th Avenue Miami Gardens, Florida 33056 authorizing the City Manager to issue purchase orders to Keith & Schnars, P.A in an amount not to exceed eighty-nine thousand four hundred eighty-five dollars ($89,485.00). Attachment: Exhibit 1 – Work Agreement Number 2 - Professional Services Agreement from Keith & Schnars, P.A 137 of 179 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THAT CERTAIN 4 WORK AGREEMENT NO 2 WITH KEITH & SCHNARS, P.A. FOR 5 CRA SERVICES IN AN AMOUNT NOT TO EXCEED EIGHTY-6 NINE THOUSAND, FOUR HUNDRED EIGHTY-FIVE DOLLARS 7 (89,485.00); AUTHORIZING THE CITY MANAGER TO ISSUE 8 PURCHASE ORDERS ON AN AS NEEDED BASIS; PROVIDING 9 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 10 FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Miami Gardens desires to establish a Community 13 Redevelopment Agency (CRA) along the Northwest 27th Avenue Corridor and to 14 capture the tax revenue from new development to be used for redevelopment of existing 15 properties along this very important corridor in particular the potential development of a 16 Performing Arts Center, and 17 WHEREAS, on May 8, 2013, City Council selected Keith & Schnars, P.A. in 18 accordance with Request For Qualifications (RFQ) Number 12-13-021 to perform 19 services relating to the creation of a Community Redevelopment Agency (CRA) along 20 the Northwest 27th Avenue Corridor, and 21 WHEREAS, City staff is requesting approval of Work Agreement Number 2, in 22 accordance with the RFQ for Professional Services for the City’s Community 23 Redevelopment Agency (CRA), overall total Work Agreement in the amount of Eighty-24 Nine Thousand Four Hundred Eighty-Five Dollars ($89,485.00), and 25 WHEREAS, the scope of services for this Work Agreement includes Consultant 26 services for project initiation meetings, Miami-Dade County meetings, site inventory and 27 analysis, City staff scoping meeting, the Community Redevelopment Plan and the 28 establishment of the Community Redevelopment Trust Fund, 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 31 138 of 179 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 32 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 33 made a specific part of this Resolution. 34 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 35 hereby authorizes that certain Work Agreement No. 2 with Keith & Schnars, P.A. for 36 CRA services in an amount not to exceed Eighty-Nine Thousand Four Hundred Eighty-37 Five Dollars (89,485.00) and further authorizes the City Manager to issue purchase 38 orders on an as needed basis. 39 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 40 upon its final passage. 41 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 42 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 43 44 ___________________________________ 45 OLIVER GILBERT, III, MAYOR 46 47 48 49 ATTEST: 50 51 52 __________________________________ 53 RONETTA TAYLOR, MMC, CITY CLERK 54 55 56 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57 58 59 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 60 61 Moved by: __________________ 62 63 VOTE: _________ 64 65 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 66 139 of 179 3 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 68 Councilman Rodney Harris ____ (Yes) ____ (No) 69 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 70 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 71 Councilman David Williams Jr ____ (Yes) ____ (No) 72 73 140 of 179 ENGINEERS ׀ PLANNERS ׀ SURVEYORS 6500 North Andrews Avenue ׀ Ft. Lauderdale, Florida 33309-2132 (954) 776-1616 ׀ (800) 488-1255 ׀ Fax (954) 771-7690 ׀ www.KSFLA.com January 25, 2017 Cameron Benson City Manager City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL. 33056 RE: Agreement for Professional Services Project Name: Miami Gardens CRA Dear Mr. Benson: In accordance with your request and subsequent discussions between members of our association and yourself, this agreement between Keith & Schnars ("CONSULTANT”) and the City of Miami Gardens ("CLIENT") for planning professional services is submitted for your consideration and approval. CONSULTANT shall begin work within ten (10) days after receipt of a fully executed copy of this Agreement. Such receipt shall constitute written notice to proceed. I. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION The purpose of this Agreement is to outline the scope of services recommended by CONSULTANT and accepted by CLIENT and to establish the contractual conditions between CONSULTANT and CLIENT with respect to the proposed services. CONSULTANT shall provide professional services associated with the development of a CRA Plan and CRA Trust Fund for the City of Miami Gardens. II. SCOPE OF SERVICES SECTION 1: PLANNING SERVICES Pursuant to the Community Redevelopment Act of 1969 (the “Act”), and pursuant to the anticipated delegation of authority to the City of Miami Gardens (the “City”) by the Miami-Dade County Board of County Commissioners, the City anticipates creating a Community Redevelopment Agency (the “CRA”) to govern all redevelopment activity within the City’s Community Redevelopment Area. The purpose of this scope of services is to assist the City to develop a Community Redevelopment Area Plan meeting the requirements established in s. 163.360, F.S. It is anticipated that the Mayor and City Council will serve as the CRA Board of Commissioners (the “Board”), and that the Board will establish an Advisory Committee (the “Committee”) to advise the Board and recommend selected actions. Planning for the future of the Redevelopment Area will necessarily impact the local community and related stake holders. It is therefore essential to include their input as the Redevelopment Plan is being prepared. It is important to engage the community and related stakeholders to understand their goals and objectives for the Redevelopment Area and their vision, particularly the commercial businesses 141 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 2 currently fronting on the 27th Avenue corridor. The scope of services is divided into two phases: Community Redevelopment Area Plan and Establishing the CRA Trust Fund. PHASE I: COMMUNITY REDEVELOPMENT AREA PLAN Task 1: Project Initiation Meeting CONSULTANT shall organize and facilitate one project initiation meeting with City staff and the CRA Board to review the process and timeline for the preparation of the Redevelopment Plan and related tasks. Deliverables:  Meeting Agenda  Attend and Facilitate Meeting  Summary Notes Consultant’s Lump Sum Fee for this Task ........................................................................ $1,810.00 Task 2: Miami-Dade County Meetings CONSULTANT shall attend one meeting (up to 2 hours) of the Housing and Social Services Committee (the “Committee”) and one public hearing (up to 4 hours) before the Board of County Commissioners for the purpose of establishment of the Miami Gardens CRA. In preparation for these County meetings, CONSULTANT shall coordinate with City staff (up to 2 hours) and participate in one discussion (up to 2 hours) with the Chairman of the Committee and one discussion (up to 2 hours) with the Miami-Dade Commissioner representing the City (District 1). The CITY will be responsible for preparation, as needed of any draft Interlocal agreement between the City and the County, including incorporation of the County’s new requirements for approving new CRAs. The CITY shall be responsible for all reproduction and distribution of the Finding of Necessity and other required agenda items. Additional hours or meetings shall be billed hourly at $250.00. Deliverables:  Meetings/Hearing attendance  Summary Meetings/Hearing Notes Consultant’s Lump Sum Fee for this Task ...................................................................... $5,825.00 142 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 3 Task 3: Site Inventory and Analysis CONSULTANT will perform a site inventory and analysis for the project area. This examination with include existing roadway corridors, lighting, landscape, utilities, land use and property ownership, forms of circulation and the current level of community policing activity. Deliverables:  Site Inventory and Analysis Report Consultant’s Lump Sum Fee for this Task ...................................................................... $6,820.00 Task 4: City Staff Scoping Meeting CONSULTANT shall plan and facilitate a scoping/design session with City staff. The goal of this 4-hour meeting will be to gather feedback and vision for the 27th Avenue CRA. Deliverables:  Meeting Agenda  Attend and Facilitate Meeting  Summary Notes Consultant’s Lump Sum Fee for this Task ...................................................................... $6,620.00 Task 5: Public Involvement In order to collect and incorporate community and stakeholder feedback into the Community Redevelopment Plan, CONSULTANT shall complete the following tasks:  Develop a dedicated interactive project website to publicize CRA activity and provide an easy way for direct communication, and  Plan, conduct, and analyze results from one community consensus meeting (up to 3 hours, maximum 40 persons in attendance) to gather input on priority projects and the vision for the CRA. The City shall be responsible for all advertising, mailing and public noticing. Deliverables:  Community Meeting Results Analysis  Vision for the CRA Consultant’s Lump Sum Fee for this Task .................................................................... $10,220.00 143 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 4 Task 6: Community Redevelopment Plan CONSULTANT shall prepare a Community Redevelopment Plan that outlines and identifies development and redevelopment needs of the CRA as well as specific projects to address those needs. The Plan shall follow statutory requirements and be consistent with the City’s and County’s Comprehensive Plans and shall:  Contain a legal description of the boundaries of the Community Redevelopment Area and the reasons for establishing the boundaries shown on the Plan.  Show by diagram and/or maps and in general terms:  The approximate amount of open space to be provided and the transportation corridors;  Limitations on the type, size, height, quantity, and the proposed use of buildings;  The approximate number of dwelling units;  Property that is intended for use as public parks, recreation areas, streets, public utilities, and public improvements of any nature.  Since the Redevelopment Area contains low and moderate income housing, contain a neighborhood impact element which describes in detail the impact of the redevelopment on the residents of the Redevelopment Area and the surrounding areas in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on the school population, and other matters affecting the physical and social quality of the neighborhood.  Identify any publically funded capital projects to be undertaken within the Community Redevelopment Area.  Include adequate safeguards that the work of the redevelopment will be carried out pursuant to the Plan.  Provide for the retention of controls and the establishment of any restrictions or covenants running with the land sold or leased to private use for such periods of time and under such conditions as the governing body deems necessary to effectuate the purposes of the Redevelopment Act.  Provide assurances that there will be replacement housing for the relocation of persons temporarily or permanently displaced from housing facilities within the Community Redevelopment Area.  Provide an element of residential use in the redevelopment area if such use exists in the area prior to the adoption of the Plan or if the Plan is intended to remedy a shortage of affordable housing to residents of low or moderate income, including the elderly, or if the Plan is not intended to remedy such shortfall, the reasons therefore.  Contain a detailed statement of the projected costs of the redevelopment, including the amount to be expended on the publically funded capital projects in the Community Redevelopment Area and any indebtedness of the CRA, Miami-Dade County, or the City of Miami Gardens proposed to be incurred for such redevelopment if such indebtedness is to be repaid with tax increment revenues.  Provide a time certain for completing all redevelopment financed by increment revenues, within 40 years after the fiscal year in which the plan is approved or adopted. 144 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 5  Provide demographic data; document existing conditions; identify land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation that may be proposed to be carried out in the CRA; provide zoning and planning changes, land uses, maximum densities and building requirements; address affordable housing needs in the area; incorporate redevelopment plan objectives and policies; and include implementation strategies.  Project TIF generation from 2016-2056 based on future growth and identify options for financing development activities, including the TIF, tax credits, etc.  Any comments received during Task 5 will be documented by the CONSULTANT and by City Staff and shared with the CRA. At the City staff’s direction, the CONSULTANT shall incorporate edits, modifications deletions or additions from the review comments in the final Proposed Community Redevelopment Plan. The CITY shall be responsible for all public noticing, reproduction and distribution of the Plan. Deliverables:  Draft Community Redevelopment Area Plan  Final Proposed Community Redevelopment Area Plan Consultant’s Lump Sum Fee for this Task .................................................................. $48,600.00 Task 7: Review Process for the Proposed Community Redevelopment Plan Following the preparation of the Community Redevelopment Plan, CONSULTANT shall present the Plan to the CRA Board. The presentation will address how the analyses conducted during Task 3 and the community outreach and visioning sessions conducted during Tasks 4 and 5 were utilized in the preparation of the Plan and Capital Project’s list. At the CRA’s direction, the CITY shall forward the proposed Community Redevelopment Plan to the Miami Gardens local planning agency for consistency review with the City of Miami Gardens Comprehensive Plan. It is anticipated that City staff will handle all reproduction, meetings and responsibilities regarding the review and approval of the Community Redevelopment Plan by the local planning agency. After review by the LPA, at the CRA’s direction, the CITY shall forward the Community Redevelopment Plan to the City of Miami Gardens City Council for review and comment. It is anticipated that City staff will handle all reproduction, meetings and responsibilities regarding review and approval of the Redevelopment Plan by the City Council. After review by the City Council, at the CRA’s direction, the CITY shall forward the Community Redevelopment Plan to Miami-Dade County for their review and comment. Such submissions to the County may include the County staff and the Tax Increment Finance Committee, and it is anticipated that both City staff and the CONSULTANT will participate in any meetings (via teleconference) or 145 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 6 communication regarding the County review and comment of the proposed Community Redevelopment Plan. Deliverables:  Initial presentation to the CRA Board of the Draft Proposed Community Redevelopment Plan.  Up to 2 hours of teleconference coordination with Miami-Dade County and the City to discuss the proposed Community Redevelopment Plan (two K&S team members in attendance). Consultant’s Lump Sum Fee for this Task ...................................................................... $3,025.00 Task 8: CRA and City Council Community Redevelopment Plan Adoption CONSULTANT shall present the final Community Redevelopment Plan to the CRA Board at a public hearing, after appropriate public notice. The City staff will be responsible for the preparation and presentation of the CRA approved Community Redevelopment Plan to the City Council for review and approval. The City will be responsible for sending the Community Redevelopment Plan to each taxing authority which levies ad valorem taxes within the geographic boundary of the Redevelopment Area in writing, by registered mail, pursuant to Florida Statutes, section 163.346. The CITY shall be responsible for all public noticing, reproduction and distribution of the Plan and shall prepare any proposed Resolutions for adopting the Community Redevelopment Plan in accordance with s.163.360 of the Florida Statutes. CONSULTANT shall post the final adopted Redevelopment Plan to the project website. Deliverables:  Presentation to the CRA Board at a public hearing to present the final Community Redevelopment Plan. Consultant’s Lump Sum Fee for this Task ...................................................................... $2,100.00 Task 9: Project Coordination During the life of this project, CONSULTANT will hold up to eight (8), one (1) hour meetings by conference call with City staff to discuss the status of the project. These meetings will occur on a regular date determined by both groups following the execution of Agreement for Professional Staff Services. 146 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 7 Deliverables:  Agendas for the meetings  Summary minutes of the meetings Consultant’s Lump Sum Fee for this Task ...................................................................... $3,290.00 TOTAL LUMP SUM FEE FOR PHASE I .......................................................................... $88,310.00 PHASE II: CRA TRUST FUND After the approval of the Community Redevelopment Plan by the CRA Board, the City of Miami Gardens City Council, and the Miami-Dade County Commission, Miami- Dade County may approve a Miami Gardens Tax Increment Trust Fund, by ordinance. The establishment of the Trust Fund enables the Community Redevelopment and Economic Policy Analysis Division of Miami- Dade County to direct payment of the approved percentage of ad valorem property tax revenue increase into the Miami Gardens CRA Trust Fund. Once the Miami-Dade County Commission approves the creation of the Trust Fund, the Miami Gardens CRA and City Council must follow through with the actual details of the creation of the trust fund itself. Task 1: Establish the CRA Trust Fund CONSULTANT shall participate in up to two (2), one (1) hour meetings, via teleconference, with City staff, and, as appropriate, county staff to discuss, review and provide comment on the preparation and adoption of the ordinance establishing the CRA Trust Fund and on the actual CRA creation of the trust fund itself. Consultant’s Lump Sum Fee for this Task ........................................................................ $1,175.00 TOTAL LUMP SUM FEE FOR PHASE II ............................................................................. $1,175.00 TOTAL LUMP SUM FEE FOR PHASE I AND PHASE II ........................................... $89,485.00 SECTION 2: ADDITIONAL SERVICES The undertaking by CONSULTANT to perform professional services defined within this Agreement extends only to those services specifically described herein. If requested by the CLIENT and agreed to by CONSULTANT, CONSULTANT agrees to perform additional services hereunder. CLIENT shall be obligated to pay CONSULTANT for the performance of such additional services an amount (in addition to all other amounts payable under this Agreement) based on an hourly fee in accordance with CONSULTANT’S current professional fee schedule, plus reimbursable expenses as incurred by CONSULTANT, unless a lump sum addendum to this Agreement is executed by the parties to this Agreement which addresses the additional services. 147 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 8 Additional services shall include revisions to work previously performed that are required due to a change in the data or criteria furnished to CONSULTANT, a change in the scope or concept of the project initiated by CLIENT, or services that are required by changes in the requirements of public agencies after work under this Agreement has commenced. If the preceding scope of services includes public agency permitting, our quoted fees/hours include services to respond to the agency's first RAI (Request for Additional Information). Additional agency requests or requirements shall be considered an increase to our scope of services. III. COMPENSATION A. Fees: Fees for the Planning Services for Phase I and Phase II described in Section 1 shall be EIGHTY-NINE THOUSAND FOUR HUNDRED EIGHTY-FIVE DOLLARS ($89,485.00) B. Payments and Invoicing: Invoices will be submitted by CONSULTANT to CLIENT monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. Payment of such invoice will be due upon presentation. CONSULTANT’S standard invoice format shall apply and such format shall be acceptable to CLIENT for payment, unless otherwise agreed to in writing hereunder. Invoices shall be submitted monthly based on a percentage completed for lump sum contracts. On a Time and Material contract, invoices shall be submitted in accordance with our current professional service fee schedule as seen on “Exhibit A” attached. The retainer provided by Client at the time of entering into this Agreement shall be credited against the final invoice. In the event of any dispute concerning the accuracy of content of any invoice, CLIENT will within seven (7) days from the date of said invoice, notify CONSULTANT in writing stating the exact nature and amount of the dispute. Any invoice that is not questioned within seven (7) days shall be deemed due and payable. In the event an invoice or portion of an invoice is disputed within seven (7) days, CLIENT shall be obligated to pay the undisputed portion of the invoice as set forth below. If CLIENT fails to make any payment due to CONSULTANT for services and expenses within forty-five (45) days from the date of invoice, the amount stated in the invoice shall then accrue interest at the maximum legal rate. In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, CONSULTANT may, following seven (7) days prior written notice to CLIENT, initiate legal proceedings to collect the same and recover, in addition to all amounts due and payable, including accrued interest, its reasonable attorneys’ fees and costs. The invoices referenced above, will be sent in accordance to the information as reflected on the Billing Information Form attached hereto. 148 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 9 C. Reimbursable Expenses: Rather than itemize reimbursable expenses, CONSULTANT’s invoices shall contain a single line item for ordinary and customary expenses in the amount of five (5) percent of the gross invoice amount. For the purpose of this section, ordinary and customary expenses shall mean any expense related to Project (excluding large format or color printing, exhibits or any deliverables beyond those articulated in Article II herein, sub-consultant fees, sub-consultant’s expenses and any travel further than 50 miles from the location of CONSULTANT’s office where it is performing the majority of the services). Non- ordinary or customary expenses shall be invoiced by a separate line item at the actual cost plus a non-carrying administrative fee. IV. PROVISIONS RELATIVE TO THE SERVICES RENDERED A. Re-use of Documents: All original documents, including, but not limited to, drawings, sketches, specifications, maps, as-built drawings, reports, test reports, etc., that result from CONSULTANT’S services pursuant or under this Agreement remain the sole property of CONSULTANT and are not intended or represented to be suitable for re-use by CLIENT or others. CLIENT may, at their expense, obtain a set of reproducible copies of any maps and/or drawings prepared for them by CONSULTANT, in consideration of which CLIENT agrees that no additions, deletions, changes or revisions shall be made to same without the express written consent of the CONSULTANT. Any re-use without written verification of adaptation by CONSULTANT mandates that CLIENT indemnify and hold CONSULTANT harmless from all claims, damages, losses and expenses, including, but not limited to, attorney’s fees, arising out of or resulting there from. Photographs of any completed project embodying the services of CONSULTANT provided hereunder may be made by CONSULTANT and shall be considered as its property, and may be used for publication. B. Performance: CONSULTANT shall not be considered in default in performance of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God or government, labor disputes, failure or delay of transportation, subcontractors, or any other similar cause or causes beyond the reasonable control of CONSULTANT. Time of performance of CONSULTANT’S obligations hereunder shall be extended by time period reasonably necessary to overcome the effects of such force majeure occurrences. C. Professional Standards: All work performed by CONSULTANT shall be in accordance with its professional standards and in accordance with applicable government regulations. 149 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 10 CONSULTANT shall endeavor to obtain all governmental approvals contemplated under this Agreement. However, CONSULTANT does not warrant or represent that any government approval will be obtained. Unless the Scope of Services of this Agreement includes an investigation into the applicable land use, zoning and platting requirements for the Project, CONSULTANT shall proceed on the assumption that the Project as presented by CLIENT, is in accordance with applicable governmental regulations. D. Opinions of Cost: Since CONSULTANT does not have control over the cost of labor, materials, equipment or services furnished by others or their methods of determining prices, competitive bidding, market conditions, any and all opinions as to costs rendered hereunder, including, but not limited to, opinions as to the costs of construction and materials, shall be made solely on the basis of its experience and qualifications and represent only a rough estimate based upon its familiarity with the construction industry. CONSULTANT cannot and does not guarantee that proposals, bids or actual costs will not vary from opinions of probable cost. If CLIENT wishes greater assurance as to the amount of any cost, CLIENT will employ an independent cost estimator to make such determination. Engineering services required to bring costs within any limitation established by CLIENT will be paid for as additional services hereunder by CLIENT. If the services under this Agreement continue for a period of more than one (1) year from the notice to proceed, CONSULTANT shall be entitled to renegotiate an increase in its fee relative to this Agreement. CONSULTANT shall not be bound under this Agreement if modifications to the terms contained herein are made without the written consent of CONSULTANT (such consent to be signified by CONSULTANT’S initials next to each modification, and if a fully executed copy hereof is not received from CLIENT by CONSULTANT on or before sixty (60) calendar days from the date of execution by CONSULTANT. E. Termination: In event of a material failure by the other party to perform in accordance with the terms of this Agreement, this Agreement may be terminated by providing the breaching party written notice which shall clearly set forth the material breach and provide five (5) business days to cure. For the purpose of this Agreement, the failure to pay any invoice submitted by CONSULTANT within sixty (60) days of the date of said invoice shall be considered a material breach on behalf of CLIENT. In the event of any termination, CONSULTANT shall be paid for all services rendered to the date of termination including all reimbursable expenses. CLIENT may terminate this Agreement for convenience upon five (5) business days’ notice to CONSULTANT, provided CLIENT pays for all services rendered to the date of termination and Fifteen (15) percent of CONSULTANT’s remaining fee. F. Liability: CONSULTANT is protected by Workmen’s Compensation Insurance, Professional Liability Insurance and by Public Liability Insurance for bodily injury and property 150 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 11 damage and will furnish certificates of insurance upon request. CONSULTANT agrees to hold CLIENT harmless from loss, damage, injury or liability arising solely from the negligent acts or omission of CONSULTANT, its employees, agents, subcontractors and their employees and agents, but only to the extent that the same is actually covered and paid under the foregoing policies of insurance. If CLIENT requires increased insurance coverage, CONSULTANT will, if specifically directed by CLIENT, secure additional insurance obtained at CLIENT’S expense. CLIENT agrees CONSULTANT’S aggregate liability to CLIENT and all construction and professional contractors and subcontractors employed directly or indirectly by CLIENT on the Project, due to or arising from CONSULTANT’S services under this Agreement or because of the relation hereby of CONSULTANT, its agents, employees or subcontractors, or otherwise, is and shall be limited to CONSULTANT’S total fees under this Agreement or $50,000.00 whichever is greater. In no event shall CONSULTANT be liable for any indirect, special or consequential loss or damage arising out of the services hereunder including, but not limited to, loss of use, loss of profit, or business interruption whether caused by the negligence of CONSULTANT or otherwise. CLIENT agrees that CONSULTANT shall have no liability to CLIENT, or to any person or entity employed directly or indirectly by CLIENT in the project for damages of any kind from services rendered by CONSULTANT relating to the testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing of pollutants, whether or not, caused by the negligence of CONSULTANT. G. Litigation: In the event litigation in any way related to the services performed hereunder is initiated between CONSULTANT and CLIENT, the non-prevailing party shall reimburse the prevailing party for all of its reasonable attorney’s fees and costs related to said litigation. V. CLIENT’S OBLIGATIONS A. General Obligations: CLIENT shall provide CONSULTANT with all data, studies, surveys, plats and all other pertinent information concerning the Project. CLIENT shall designate a person to act with authority on CLIENT’S behalf with respect to all aspects of the Project. CLIENT shall be responsible for all processing fees or assessments required for the completion of the Project. CLIENT shall provide CONSULTANT access to the Project site at reasonable times upon reasonable notice. B. Authority to Execute Agreement & Transact Business: Each person executing and delivering this Agreement represents, warrants and covenants that he or she (1) has the full right and authority to enter into this Agreement on behalf of the party for whom such execution is made; (2) has the full right and authority to bind said party to all of the terms and obligations contained in this Agreement; and (3) is not in violation of any by-law, 151 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 12 covenants and/or other restrictions placed upon them by the respective parties they represent. CLIENT warrants and covenants that it has the authority to (1) enter into this Agreement and each subsequent agreement, document, and instrument to be executed and delivered pursuant to this Agreement; and (2) carry out all tasks contemplated and necessary to CONSULTANT in its efforts to render the professional services articulated in this Agreement. In addition, CLIENT warrants and covenants that no waiver or consent of any person or entity is required in connection with the execution and delivery of this Agreement. C. Organization’s Good Standing: CLIENT warrants and covenants that it is a duly organized, validly existing entity in good standing under the laws of the state of Florida, or the state in which it is incorporated, it has the corporate power to carry on its business as it is now being conducted, and is qualified to do business in every jurisdiction in which the character and location of the assets owned by it or the nature of the business transacted by it requires qualification or in which failure to so qualify would have a material adverse impact on it. D. Title to Properties; Condition of Properties Related to Transaction; Indemnity: CLIENT represents, warrants and covenants that it, or the individual executing this Agreement on its behalf, possesses either (1) valid title and ownership interests in, or (2) the right to transfer, assign or encumber, the real property or parcel(s) of land referred to in Section I. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION of this Agreement and which is the focus of or is related to the professional services provided by CONSULTANT. If the CLIENT executing this agreement possess neither valid title and ownership interests in, nor the right to transfer, assign or encumber, the real property or parcel(s) of land referred to in Section I. PURPOSE OF AGREEMENT/PROJECT DESCRIPTION of this Agreement, one of the following conditions must be fulfilled by CLIENT within ten (10) days after receipt of a fully executed copy of this Agreement: i. CLIENT must secure express written authorization from the rightful owner of the property that (1) grants the right to CONSULTANT to provide professional services on or about the property or parcel(s) in question; and (2) acknowledges and affirms the entire terms of this Agreement and the range of professional services rendered by CONSULTANT as articulated in section II. SCOPE OF SERVICES; or ii. CLIENT must pay an additional retainer to CONSULTANT in an amount equal to THIRTY PERCENT (30%) of the gross contract. Further, CLIENT agrees to indemnify CONSULTANT, its officers, directors, agents and employees and hold them harmless from and against any and all loss, liability, damages and expense (including attorneys’ fees at both the trial and appellate levels) incurred by CONSULTANT or any of them and arise out of or, relate to slander of title or disparagement of property claims resulting from any negligent act or willful misconduct of CLIENT. 152 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 13 VI. GENERAL PROVISIONS A. Persons Bound by Agreement: The persons bound by this Agreement are CONSULTANT and CLIENT and their respective partners, successors, heirs, executors, administrators, assigns and other legal representatives. This Agreement and any interest associated with this Agreement may not be assigned, sublet or transferred by either party without the prior written consent of the other party, such consent not to be unreasonably withheld. Nothing contained herein shall be construed to prevent CONSULTANT from employing such independent consultants, associates and sub-consultants, as CONSULTANT may deem appropriate to assist in the performance of the services hereunder. Nothing herein shall be construed to give any rights or benefits arising from this Agreement to anyone other than CONSULTANT and CLIENT. B. No Waiver or Modifications: No waiver by CONSULTANT of any default shall operate as a waiver for any other default or be construed to be a waiver of the same default on a future occasion. No delay, course of dealing or omission on the part of CONSULTANT in exercising any right or remedy shall operate as a waiver thereof, and no single or partial exercise by CONSULTANT of any right or remedy shall preclude any other or further exercise of any right or remedy. This Agreement, including all requests for additional services placed hereunder, express the entire understanding and agreement of the parties with reference to the subject matter hereof, and is a complete and exclusive statement of the terms of this Agreement, and no representations or agreements modifying or supplementing the terms of this Agreement shall be valid unless in writing, signed by persons authorized to sign agreements on behalf of both parties. C. Governing Laws or Venue: This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Florida. Venue for any litigation shall be Broward County, Florida. VII. CLOSURE If you concur with the foregoing and wish to direct us to proceed with the aforementioned work, please execute the agreement in the space provided and return same to the undersigned with the required retainer and completed billing information form. We appreciate the opportunity to submit our proposal. Debbie Love, AICP has been selected to serve as project manager. Please contact Ms. Love or me if you have any questions. 153 of 179 City of Miami Gardens Agreement for Professional Services Project Name: Miami Gardens CRA January 25, 2017 – Page 14 PURSUANT TO FLORIDA STATUTE 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. IN WITNESS WHEREOF, the CONSULTANT and CLIENT have executed this agreement the day and year indicated below. As to CONSULTANT As to CLIENT KEITH & SCHNARS CITY OF MIAMI GARDENS Engineers, Planners, Surveyors Name: Bruce Reed, RLA Name: Title: Vice President Title: Division: Landscape, Planning & Environmental Dated: January 25, 2017 Dated: Name: Debbie Love Title: Director Division: Planning & Public Relations/ Outreach Dated: January 25, 2017 154 of 179 EXHIBIT A Hourly Rate Schedule (Effective January 1, 2017) Code Job Classification Billing Rate 72 Administrative Assistant $65.00 73 Associate 1 $95.00 74 Associate 2 $110.00 75 Senior Associate $135.00 76 Project Manager $150.00 77 Senior Project Manager $175.00 78 Director $190.00 79 Principal $225.00 42 2 Person Survey Crew $125.00 43 3 Person Survey Crew $160.00 44 Laser Scan/Specialty Survey Crew $250.00 45 CADD Technician $85.00 50 Expert Witness TBD 155 of 179 EXHIBIT B Direct Expenses Cost per Unit Photographic Copies Color Copies a) 8.5” x 11” $ 2.00 b) 8.5” x 14 or 11”x 17” $ 3.00 c) 24”x 36” $ 30.00 Black & White Copies a) Any Size up to 11”x17” $ 0.50 b) 24”x 36” Blackline $ 5.00 c) 30” x 42” Blackline $ 5.00 d) 24” x 36” Sepia $ 20.00 e) 24”x 36” Mylar $ 3.00 Laminating/Transparency Film Covers $ 5.00 Display Boards Mounted (Foam) 30”x 40” $ 60.00 Mounted (Foam) 40”x 60” and larger $ 100.00 3 Ring Binders 1” $ 3.50 Dividers (Tabs) Set of 10 $ 2.00 Acco/GBC Binding $ 5.00 Facsimiles $ 2.50 Overnight Packages/Courier & Delivery Services $ 45.00 Postage: 1st Class Current US Postal rate Mileage: $ 0.535 / mile Any other expenses will be billed at cost plus 10% carrying charge. **NOTE: Typical other reimbursable expenses include travel, lodging, and meals when traveling on CLIENT’S behalf, identifiable communication expenses, all reproduction costs, and special accounting expenses not applicable to general overhead. Revised 12/16 156 of 179 BILLING INFORMATION FORM PROJECT NUMBER: PROJECT NAME: City of Miami Gardens CRA PROJECT ADDRESS: 18605 NW 27th Avenue Street Address Miami Gardens, FL 33056 City/State/Zip CLIENT PROJECT MANAGER NAME: Cameron Benson, City Manager CLIENT PROJECT MANAGER PHONE NO.: ( ) LAND OWNER NAME: City of Miami Gardens LAND OWNER ADDRESS: Street Address City/State/Zip LAND OWNER PHONE NO.: ( ) LAND OWNER CELL PHONE NO: ( ) LAND OWNER E-MAIL ADDRESS: MAIL INVOICE TO: City of Miami Gardens ATTENTION: Cameron Benson, City Manager ADDRESS: 18605 NW 27th Avenue Street Address/Post Office Box City of Miami Gardens, FL 33056 City/State/Zip PHONE: ( 305 )622-8000 157 of 179 FAX: ( 305 )622-8001 SPECIAL BILLING INSTRUCTIONS: EMAIL INVOICE TO CLIENT: YES ______ NO ___X____ 158 of 179 January 2017 159 of 179 About this report The Miami Gardens Police Department provides information concerning crimes in the City of Miami Gardens. Each page depicts actual crime information captured by the Records and Crime Analysis Units. Glossary Targeted Crimes: The State of Florida uses these crimes for conformity in compiling statistics within the state and the nation. The statistics for these crimes are reported to the Florida Department of Law Enforcement for inclusion in the Federal Bureau of Investigations (FBI) Annual Report. Data from the monthly report may differ from the FBI’s published report due to the fact that only certain classes of crime are extracted for publication and crimes reported after the reporting deadline are still captured by the Records Unit. •Criminal Homicide – The willful (non-negligent) killing of one human being by another. •Aggravated Assault ̶ An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. •Larceny ̶ Deprive victim of such property permanently or temporarily without threat or violence or putting in fear, or by sudden snatch. •Robbery ̶ To take or attempt to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting victim in fear. •Burglary ̶ The unlawful entry of a structure to commit a felony or a theft. 2 160 of 179 GLOSSARY Emergency Calls P = Priority call and is identified by a verbal ‘3’ at the beginning of the signal at dispatch Code 3 emergency call: A situation or sudden occurrence which poses an actual threat of serious injury or loss of human life and demands swift police action. Code 3 calls are preceded by a tone indicator and the signal prefixed by a 3. Example: Shooting victim, violent domestic with injuries, accident with injuries P1 = Emergency call that is identified by a verbal ‘2’ at the beginning of the signal at dispatch. Code 2 emergency call: A situation which poses a potential threat of serious injury or loss of human life which may require swift police action. Code 2 calls are preceded by a tone indicator and the signal prefixed by a 2. Example: Burglary in progress, violent domestic, assault with potential of injuries. P2 = requires an immediate response but no imminent threat of serious injury or loss of human life involved. There is no tone indicator preceding this type of call. Example: A just occurred burglary or any incident where the suspects may still be in immediate area. P3+ = Considered a routine response for a call that is delayed or non-emergency in nature. Example: Identity theft, loud music complaints, barking dog disturbance. 3 161 of 179 Monthly Statistical Comparison January 2017 Year to Date 2016 2017 % Change Criminal Homicide 1 1 0% Forcible Rape 2 2 0% Robbery 27 25 -7% Aggravated Assault 39 47 21% Burglary 72 45 -38% Theft from Motor Vehicle 69 103 49% Larceny (All Other) 145 136 -6% Motor Vehicle Theft 37 47 27% Total 392 406 4% This report reflects incidents that are currently in the records management and the GEO verification systems at the time this report was generated. Data shown is subject to change as pending reports are entered into records. *Non-calculable 4 Monthly Comparison December 2016 January 2017 %Change January 2016 January 2017 % Change Criminal Homicide 3 1 -67% 1 1 0% Forcible Rape 2 2 0% 2 2 0% Robbery 28 25 -11% 27 25 -7% Aggravated Assault 24 47 96% 39 47 21% Burglary 42 45 7% 72 45 -38% Theft from Motor Vehicle 70 103 47% 69 103 49% Larceny (All Other) 166 136 -18% 145 136 -6% Motor Vehicle Theft 43 47 9% 37 47 27% Total 378 406 7% 392 406 4% 162 of 179 Monthly Statistical Comparison January 2017 5 ARREST December January Diff %Change Criminal Homicide 0 0 0 0% Forcible Sex Battery 0 0 0 0% Robbery 7 5 -2 -29% Aggravated Assault 8 15 7 88% Burglary 9 12 3 33% Larceny 29 28 -1 -3% Motor Vehicle Theft 8 6 -2 -25% Total 61 66 5 8% 163 of 179 PART ONE CRIMES January 2016 / January 2017 6 1 2 27 39 72 69 145 37 1 2 25 47 45 103 136 47 0 20 40 60 80 100 120 140 160 Jan-16 Jan-17 164 of 179 PART ONE CRIMES Year to Date Comparison 2016 / 2017 7 1 2 27 39 72 69 145 37 1 2 25 47 45 103 136 47 0 20 40 60 80 100 120 140 160 2016 2017 165 of 179 TOP FIVE ACCIDENT LOCATIONS 8 •NW 167th ST, NW 27th AVE – 2 •NW 167th ST, NW 47th AVE – 2 •NW 183rd ST, NW 14th AVE – 2 •NW 183rd ST, NW 37th AVE – 2 •NW 183rd ST, NW 7th AVE – 2 2 3 3 1 1 Contributing Factors Fail to Yield Right ofWay Fail to Maintain SingleLane Follow Too Closely Ran Stop Sign Improper Turn 166 of 179 9 TOP FIVE ACCIDENT LOCATIONS January 01 through January 31, 2017 NW 167h St/ NW 27th Ave DHSMV # Case # Date/Time Cause 86933488 2017000398 1/6/2017 13:15 Fail to Maintain Single Lane 86933574 2017000756 1/12/2017 6:02 Follow too Closely NW 167th St/ NW 47th Ave DHSMV # Case # Date/Time Cause 86933675 2017001269 1/20/2017 10:07 Follow too Closely 86933744 2017001662 1/26/2017 17:10 Fail to Maintain Single Lane NW 183rd St/ NW 14th Ave DHSMV # Case # Date/Time Cause 86933654 2017001142 1/18/2017 8:33 Follow too Closely 86933657 2017001165 1/18/2017 15:59 Fail to Yield Right of Way NW 183rd St/NW 37th Ave DHSMV # Case # Date/Time Cause 86933493 2017000428 1/6/2017 21:05 Ran Red Light 86933646 2017001097 1/17/2017 13:43 Fail to Maintain Single Lane NW 183rd t/ NW 7th Ave DHSMV # Case # Date/Time Cause 86933715 2017001496 1/24/2017 6:31 Improper Turn 86933770 2017001779 1/29/2017 8:51 Fail to Yield Right of Way 167 of 179 TRAFFIC ENFORCEMENT SUMMARY 2017 10 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC YEAR TO DATE Accident Reports 324 324 Traffic Stops 317 317 Traffic Moving 172 172 Traffic Non Moving 142 142 Traffic Verbal 80 80 Parking Citations 31 31 Red Light Camera Violations 9738 9738 168 of 179 11 TRAFFIC ENFORCEMENT ACTIVITY January 2017 324, 3% 317, 3% 172, 2% 142, 1% 80, 1% 31, 0% 9,738, 90% Accident Reports Traffic Stops Traffic Moving Traffic Non Mov Traffic Verbal Parking Citations Red Light CameraViolations 169 of 179 12 STREET CRIMES, CAREER CRIMINAL AND GANG UNITS January 2017 THESE PROACTIVE UNITS EFFECTED 74 ARRESTS. 15 Felony, 19 Misdemeanor, and 40 Traffic Arrests •PROACTIVE PATROL 21 Field Contacts 31 Traffic Citations •EXECUTED 3 SEARCH WARRANTS •SEIZED 253 GRAMS OF MARIJUANA 158 GRAMS OF COCAINE 3 FIREARMS •U.S. Marshals Services 3 Apprehension/Warrants related to CMG 5 Total Apprehension/Warrants 170 of 179 CUSTODIAL FIREARMS 1/1/2017 to 1/31/2017 13 Total = 27 0 2 3 1 4 3 3 11 0 2 4 6 8 10 12 17 & Younger 18 to 21 22 to 24 25 to 30 31 to 40 41 to 50 Over 50 Other Possessors' Age 20 0 5 2 0 Firearms Type Pistol Shotgun Revolver Rifle Machine Gun 171 of 179 CUSTODIAL FIREARMS 14 Total =27 20 0 5 2 0 0 5 10 15 20 25 Jan Year to Date Pistol Shotgun Revolver Rifle 172 of 179 TRAINING ANALYSIS 2016 TRAINING ACTIVITY 2017 TRAINING ACTIVITY 15 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC YTD TOTAL CLASSES ATTENDED 18 18 HOURS TAUGHT 1176 1176 PARTICIPANTS 45 45 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC YTD TOTAL CLASSES ATTENDED 14 18 18 20 14 15 10 18 17 21 11 12 188 HOURS TAUGHT 309 438 2004 2078 544 1252 746 512 488 776 540 848 10535 PARTICIPANTS 55 176 123 58 21 41 19 30 73 26 39 33 694 173 of 179 JANUARY 2017 –OVERTIME SUMMARY 16 CATEGORY HOURS SHIFT EXTENSION/ HELD OVER 870 COURT 478 ADMINISTRATION 0 SPECIAL DETAIL 130 COMMUNICATIONS 620 TOTAL 2098 174 of 179 JANUARY 2017 – OVERTIME SUMMARY 17 870 478 0 130 620 SHIFT EXTENSION/ HELD OVER COURT ADMINISTRATION SPECIAL DETAIL COMMUNICATIONS 175 of 179 ROUTINE CALLS FOR SERVICE 2016 / 2017 18 5978 5009 4400 4600 4800 5000 5200 5400 5600 5800 6000 6200 JAN 2016 2017 176 of 179 EMERGENCY & PRIORITY CALLS FOR SERVICE 2016 / 2017 19 624 651 610 615 620 625 630 635 640 645 650 655 JAN 2016 2017 177 of 179 RESPONSE TIMES FOR CALLS FOR SERVICE 2017 20 9.975 9.6 10.18 11.345 27.795 29.76 31.155 32.375 0 5 10 15 20 25 30 35 Oct Nov Dec Jan P+ & P1 P2 & P3+ 178 of 179 MIAMI GARDENS POLICE DEPARTMENT 179 of 179