HomeMy WebLinkAboutJune 10, 2009 Council Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: June 10, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: June 24, 2009
Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Aaron Campbell Jr. Councilman André
Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta
Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of
$250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described
to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber
and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C)
PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – May 27, 2009 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda
at this time) June 10, 2009 Page 1 Page 1 of 78
Regular City Council Agenda June 10, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Mayor Gibson – Caribbean American Month F-2) Representative Oscar Braynon II Legislative
Report F-3) 2009 State Legislative Update – Yolanda Cash-Jackson F-4) Miami Gardens Police Department – Miami-Dade Gun Bounty Program Award F-5) CAC Quarterly Report F-6) Chief Boyd
– Miami Gardens Police Department Monthly Report F-7) Manager Crew -Presentation F-8) Antranette Pierre – Sunshine State Industrial Park (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST
READING H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING A NUISANCE ABATEMENT BOARD; PROVIDING FOR INTENT AND JURISDICTION; PROVIDING FOR CERTAIN
ACTIVITIES TO BE DECLARED A NUISANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR COSTS AND FINES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III AND THE CITY MANAGER) (I) ORDINANCE(S) FOR
SECOND READING/PUBLIC HEARING(S) None (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER
NOT TO EXCEED THE AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000.00) TO THE CITY’S PURCHASING ORDER WITH TIRESOLES OF BROWARD, INC.; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER
FOR THE PURCHASE OF TIRES AND FLAT TIRE REPAIRS, ON AN AS NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGET, FOR FISCAL YEAR 2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 2 of 78
Regular City Council Agenda June 10, 2009 Page 3 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE LAND ACQUISITION PLAN ATTACHED HERETO AS EXHIBIT
“A;” EXPRESSING IT’S INTENTION TO MAKE FUTURE PURCHASES OF CITY PROPERTY BASED UPON THE PLAN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT IN
SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT “A,” WITH SOUTH FLORIDA WORKFORCE FOR THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT SUMMER YOUTH EMPLOYMENT PROGRAM; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) J-4) A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT BETWEEN THE CITY OF MIAMI GARDENS
AND THE FLORIDA DEPARTMENT OF CORRECTIONS, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT A, FOR THE PROVISION OF LANDSCAPING WORK SQUADS THROUGHOUT THE CITY OF MIAMI
GARDENS IN THE AMOUNT OF $62,285.00; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER) (K) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO CO-SPONSOR THE NATIONAL LEAGUE OF CITIES PRESCRIPTION
DISCOUNT CARD PROGRAM; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER FOR THE CITY TO BECOME A SPONSOR OF THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN Page 3 of 78
Regular City Council Agenda June 10, 2009 Page 4 EFFECTIVE DATE. (SPONSORED BY VICE MAYOR BARBARA WATSON) K-2) CITY ATTORNEY ITEM – RESOLUTION AND BACKUP TO BE PROVIDED. (SPONSORED BY
MAYOR SHIRLEY GIBSON) (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM
THE PUBLIC (O) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING
BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE
WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT
www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF
THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE BASED. Page 4 of 78
City of Miami Gardens Citizens Advisory Committee Quarterly Report to the Council of the City of Miami Gardens Members of the CAC Anselm Smith, Chairperson Leonard Brady, Vice-Chairperson
Rosetta Rolle Hylton, Secretary Herzen Bain William Bouie Claudette Brinson Robert Daise Fannie Howell Wendell James Lonnie Lawrence Patricia Lightfoot Geraldine Solomon Ivan Stewart
Joey Walker Father Horace Ward John Zeigler June 10, 2009 Honorable Mayor Shirley Gibson and Members of the Council of the City of Miami Gardens, We respectfully submit our report for
the second quarter of the year 2009. First we would like to report that we have three new members, Mr. William Bouie, Mr. Joey Walker and Mr. John Ziegler. This brings our committee
to a total of sixteen members. Since our first quarterly report and according to the Police Department’s reports, the crime rate has decreased in the city. Chief Boyd and his staff have
cooperated to the fullest extent by keeping the committee aware of any incidents and any necessary information involving police actions in the City of Miami Gardens. This open line of
communication keeps the operation between the Police Department and the Committee running smoothly. We are still setting up the administration of Committee business and will be attending
workshops to understand our role and how to best advise the Council. Supervisors of the Miami Gardens Police Department (MGPD) will be conducting workshops in relation to the department
and community operations. We will be reaching out to community leaders and organizations such as Churches, Crime Watch, PTA/schools, businesses and other entities. That would give us
a better understanding of the community needs through these organizations and their leaders. At this time the CAC have no recommendations to submit to the Council. Respectfully Submitted,
Anselm Smith Chairperson ITEM F-5) PRESENTATION CAC Quarterly Report Page 5 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 10, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X X Public Hearing: Yes No Yes No X Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes
No RFP/RFQ/Bid #: X N/A Sponsor Name Councilman Oliver Gilbert and City Manager Crew Department: Mayor/Council/City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, CREATING A NUISANCE ABATEMENT BOARD; PROVIDING FOR INTENT AND JURISDICTION; PROVIDING FOR CERTAIN ACTIVITIES TO BE DECLARED A NUISANCE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR COSTS AND FINES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;
PROVIDING AN EFFECTIVE DATE. Staff Summary: According to the provisions in Chapter 893, Florida Statutes and other relevant laws, the City Council has the authority to create a Nuisance
Abatement Board to prevent the use of real property for the unlawful sale, delivery or possession of controlled substances, prostitution, youth and street gang activity, or other criminal
activity as defined by law. The attached ordinance proposes the creation of a Nuisance Abatement Board in the City of Miami Gardens. The main purpose of the board will be to prevent
properties located within the City from being public nuisances as well as abating existing nuisances. A public nuisance under this ordinance is defined as: ITEM H-1) ORDIANCE FIRST READING
Creating Nuisance Abatement Board Page 6 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 (1) On more than two occasions within a 6‐month period, as the site of a violation of §796.07, Florida Statutes;
(2) On more than two occasions within a 6‐month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (3) On one occasion as the
site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful
sale, delivery, manufacture, or cultivation of any controlled substance; (4) By a criminal gang for the purpose of conducting criminal gang activity as defined by §874.03, Florida Statutes;
or (5) On more than two occasions within a 6‐month period, as the site of a violation of §812.019, Florida Statutes relating to dealing in stolen property. The ordinance provides for
board membership and general powers. It also defines the Nuisance Abatement process from complaint to final order and provides specific guidelines for the board to follow as it relates
to the declaration of a nuisance and the issuance of fines. It is anticipated the City Attorney’s Office and the Police Department will be primarily responsible for the administration
of the Nuisance abatement Process. Proposed Action: Councilman Oliver Gilbert recommends the approval of the attached ordinance creating a Nuisance Abatement Board. Attachment: None
Page 7 of 78
8491965.1 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
CREATING A NUISANCE ABATEMENT BOARD; PROVIDING FOR INTENT AND JURISDICTION; PROVIDING FOR CERTAIN ACTIVITIES TO BE DECLARED A NUISANCE; PROVIDING FOR DEFINITIONS; PROVIDING FOR COSTS
AND FINES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE
DATE. WHEREAS, the City Council of the City of Miami Gardens has the authority to protect the health, safety, and welfare of all of its residents, and WHEREAS, pursuant to Chapter 893,
Florida Statutes, and other relevant laws, the City Council would like to create a Nuisance Abatement Board to prevent the use of real property for the unlawful sale, delivery or possession
of controlled substances, prostitution, youth and street gang activity, or other criminal activity as defined by law, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made
a specific part of this Ordinance. SECTION 2. PURPOSE: The City of Miami Gardens has a compelling interest in preventing real properties located within the City from being public nuisances,
thereby negatively affecting the quality of life of the residents of the City of Miami Gardens. The City intends to promote, protect, and improve the health, safety Page 8 of 78
8491965.1 Page 2 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 and welfare of the City’s residents by creating a Nuisance Abatement
Board with the authority to impose administrative fines and other noncriminal penalties in order to provide an equitable, expeditious, effective and inexpensive method of abating nuisances.
It is the intent of this article to provide the city with an additional and supplemental means to abating public nuisances. Nothing contained herein shall preclude the city from abating
nuisances under Section 60.05, Florida Statutes or as otherwise provided by law. SECTION 3. DEFINITIONS: As used herein, the following words shall have the following meanings: a. City
Attorney means the chief legal advisor for the City of Miami Gardens or his/her designee. b. Clerk of the Board means the person appointed by the City Manager to perform the clerical
duties necessary to carry out the activities of the Nuisance Abatement Board c. Complaint means written documentation either in the form of a state, federal or local law enforcement
report, police report, incident report, arrest report, uniform civil violation notice, warning notice, notice of violation, notarized affidavit, or oral or written sworn statement documenting
an incident(s) or reasonable belief (as substantiated by local, state, or federal law enforcement, judicial, or government officials) that a public nuisance is being maintained and/or
created upon premises within the city. d. Controlled substance means any drug, narcotic, or other substance identified and prohibited under Chapter 893, Florida Statutes, as amended
from time to time. e. Criminal street gang shall have the same meaning as set forth under Section 874.03, Florida Statutes. f. Criminal street gang activity shall mean those activities
committed by a criminal street gang or member thereof as set forth under Section 874.03, Florida Statutes. g. Dealing in stolen property shall have the same meaning as that provided
under Section 812.019, Florida Statutes. h. Delivery means the actual, constructive, or attempted transfer from one (1) person to another of a controlled substance, whether or not there
is an Page 9 of 78
8491965.1 Page 3 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 agency relationship. i. Owner or Operator means the owner,
tenant, lessee or person having control or possession of the place or premises. j. Nuisance Abatement Board or Board means the nuisance abatement board of the City of Miami Gardens.
k. Place or Premises means any residential property, commercial property, farm land, industrial land, land, vacant lot, parking area, vessel, motor vehicle, area controlled by a homeowner
or condominium or other similar property owners' association, or other property that comes within the control of a business, or business enterprise, or other activity associated with
a business. l. Prostitution or prostitution-related activity means any act constituting a violation of Section 796.07, Florida Statutes. m. Public Nuisance or nuisance shall be defined
as any place or premises within the City of Miami Gardens which has been used as follows (1) On more than two occasions within a 6-month period, as the site of a violation of §796.07,
Florida Statutes; (2) On more than two occasions within a 6-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (3) On
one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion
as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (4) By a criminal gang for the purpose of conducting criminal gang activity as defined
by §874.03, Florida Statutes; or (5) On more than two occasions within a 6-month period, as the site of a violation of §812.019, Florida Statutes relating to dealing in stolen property.
(n) Recurring public nuisance means any single or multiple instance of conduct prescribed in Section 893.138, Florida Statutes that occurs during Page 10 of 78
8491965.1 Page 4 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 the effective term of
an order entered by the nuisance abatement board. (o) Stolen property shall mean tangible, intangible, personal or real property having any monetary or market value and that has been
the subject of any temporary or permanent criminal taking in violation of the laws of the State of Florida. SECTION 4. DECLARATION: Any place or premise within the City of Miami Gardens
shall be declared a nuisance, and such nuisance may be abated in accordance with this Ordinance, if the premises have been used as follows: (a) On more than two occasions within a 6-month
period, as the site of a violation of §796.07, Florida Statutes; (b) On more than two occasions within a 6-month period, as the site of the unlawful sale, delivery, manufacture, or cultivation
of any controlled substance; (c) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously
used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (d) By a criminal gang for the purpose of conducting
criminal gang activity as defined by §874.03, Florida Statutes; or (e) On more than two occasions within a 6-month period, as the site of a violation of §812.019, Florida Statutes relating
to dealing in stolen property SECTION 5. CREATION OF BOARD: the City Council of the City of Miami Gardens hereby creates a “NUISANCE ABATEMENT BOARD”, as follows: A. PURPOSE. Page 11
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8491965.1 Page 5 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 The nuisance abatement
board shall be a quasi-judicial body that shall make determinations whether places or premises within the City constitute nuisances as defined in Section 3. B. MEMBERSHIP. 1. The board
shall consist of seven (7) individuals who are residents of the City and/or who own or operate businesses within the city. The Mayor and each Council Member shall appoint a member to
the Board, which member shall serve at the pleasure of the Mayor or Council Member making the appointment. The Mayor and Council Members serving in the at-large Council seats shall appoint
members to serve for a twoyear initial term. The Council Members serving in Seats 1, 2, 3, and 4 shall appoint members to serve a three-year initial term. Thereafter, each member shall
be appointed to serve a two (2) year term, or until his or her successor is appointed, whichever whichever occurs later. Appointments to fill a vacancy shall be for the remainder of
the unexpired term. 2. All provisions of Ordinance No. 2005-02-40 (General rules for boards), as amended, not in conflict herewith, shall apply to the Nuisance Abatement Board. C. GENERAL
POWERS. The nuisance abatement board shall have the powers as delineated in section 893.138, Florida Statutes, which shall include, but not be limited to the following: (1) Jurisdiction
to hear and decide complaints alleging that a place or a premise constitutes a public nuisance as defined under Section 893.138, Florida Statutes. The nuisance abatement board shall
have continuing jurisdiction for a period of one (1) year over any place or premises that has been or is declared a public nuisance pursuant to this article. Page 12 of 78
8491965.1 Page 6 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 (2) The
power to adopt rules of procedure for the administration and conduct of its hearings. Such rules shall not be inconsistent with this article and the rules of procedure adopted by the
city council. Any rules adopted by the nuisance abatement board shall facilitate the efficient administration of hearings before it and ensure fundamental due process. (3) The power
to subpoena respondents, witnesses, and evidence, records and other material relevant to the proceedings, to its hearings and take testimony under oath. Subpoenas may be served by the
Miami Gardens Police Department or by such other person provided by law. (4) Issue orders having the force and effect of law, which include, but are not limited to, the prohibition,
enjoinment or abatement of public nuisances, including the establishment and levy of fines. D. REPRESENTATION. The City Attorney or his/her designee shall represent the city as prosecutor
and present cases before the board, and shall not therefore act as counsel for the board. The board shall rely on advice from independent legal counsel who shall be recommended by the
City Attorney for appointment by the City Council, for a term not to exceed two (2) years. Board counsel shall serve no more than four (4) consecutive terms Said attorney can be removed
by the City Council upon the recommendation of the City Attorney. SECTION 6. INITIATION OF PROCEEDINGS A. COMPLAINT PROCESS. 1. Any employee, officer or resident of the city may file
a complaint with the board with regard to nuisances described in Section 3. No member of the board may file a complaint with the board. All complaints shall be filed with the clerk of
the board. 2. Upon receipt of a complaint, the same shall be investigated by the Police Department to verify the allegations in the complaint and to Page 13 of 78
8491965.1 Page 7 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 gather supporting
police reports and documentation. If a complaint is substantiated, the complaint, along with all supporting police reports and documentation, shall be submitted to the City Attorney
or his/her designee to determine whether the case meets the requirements of law. 3. Upon notification by the City Attorney’s office that a complaint meets the requirements of law, the
clerk shall schedule a hearing for each complaint. 4. The clerk shall give written notice of every hearing by certified mail to the address listed on file with the Property Appraiser’s
office, or hand delivery to the owner(s) and operator(s) at the last known address at least ten (10) days prior to the scheduled hearing. If an attempt to reach an owner or operator
by certified mail or hand delivery is unsuccessful, notice of the hearing may be by publication as as provided in Florida Statutes, Chapter 49. Notice shall include the following: (a)
The time, date, place and nature of the hearing; (b) A reference to the City of Miami Gardens Nuisance Abatement Ordinance; (c) A short and plain statement summarizing the incidents,
which form the basis of the complaint; (d) A statement that "failure to attend may result in an order being issued adverse to your interests"; (e) A statement that all parties may be
represented by counsel; (f) A statement that all parties shall be given an opportunity to present evidence in support of their position, submit rebuttal evidence, and conduct cross-examination;
and (g) A conspicuous statement reflecting the requirements of Florida Statutes, Chapter 286, that a person deciding to appeal any decision of the board will need to ensure that a verbatim
record of the proceedings is made. Page 14 of 78
8491965.1 Page 8 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 (h) Meetings
of the board shall be open to the public, and minutes shall be kept. . B. Conduct of Hearing 1. The city attorney, or his/her designee, shall present evidence before the board on behalf
of the city. All parties shall have an opportunity to present evidence and argument on all issues involved, conduct crossexamination and submit rebuttal evidence, and to be represented
by counsel. 2. The board may consider any evidence, including evidence of the general reputation of the place or premises. All testimony shall be given under oath and shall be recorded.
Formal rules of evidence shall not apply, but fundamental due process shall govern the proceedings. Orders of the board shall be based upon competent and substantial evidence. 3. The
city attorney or his/her designee shall have the burden of proving the existence of an unlawful public nuisance by clear and convincing evidence. 4. If the alleged violator(s) has been
given proper notice of the hearing before the board, and fails to appear, the board may proceed with a hearing in absentia on the merits of the alleged violation. Any findings or orders
resulting from such hearing are valid and binding upon the violator(s). C. Post Hearing At the conclusion of the hearing and after considering all evidence presented at such hearing,
the board is authorized to issue findings of fact based upon the evidence presented and made part of the record that a public nuisance does not exist or that an unlawful public nuisance
does exist, the board may enter an order requiring the owner of such place or premises to adopt such procedures as may be appropriate under the circumstances to abate such nuisance or
it may enter an order immediately prohibiting: 1. The maintaining of the nuisance; Page 15 of 78
8491965.1 Page 9 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 2. The
operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or 3. The conduct, operation, or maintenance of any business or
activity on the premises, and/or business or activity which is conducive to the maintenance of such nuisance, which prohibition may include the suspension or revocation of any city local
business tax receipt issued or renewed pursuant any City of Miami Gardens code or ordinance; 4. Any Order entered under this section may be enforced in accordance with §120.69, Florida
Statutes. SECTION 7. PENALTIES. The Board may enter orders as follows: A. Levying fines for public nuisances, not to exceed two hundred fifty dollars ($250.00) per day for first-time
violations; B. Establish penalties, including fines not to exceed five hundred dollars ($500.00) per per day for recurring public nuisances; and C. Order payment of reasonable costs,
including reasonable attorney fees associated with investigations of and hearings on public nuisances; D. Provide for continuing jurisdiction for a period of one (1) year over any place
or premises that has been or is declared to be a public nuisance; E. Recommend that the City Attorney bring a complaint under §60.05, Florida Statutes and seek a permanent injunction
against any public nuisance. SECTION 8. ORDERS All orders of the Board finding a public nuisance shall be recorded in the public records so as to give notice to subsequent purchasers,
successors in interest, or assigns of the real property that is the subject of the order. Said orders shall become liens against the real property that is the subject of the order.
Upon recordation of said orders, the City shall have the right to institute foreclosure proceedings against the property that is subject to a lien for the recovery of all costs, including
reasonable attorney's fees, associated with the recording of orders and foreclosure. No lien created pursuant to the provisions of this section may be foreclosed on real property Page
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8491965.1 Page 10 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 which
is a homestead under §4, Art. X of the State Constitution. The total fines imposed pursuant to the authority of this section shall not exceed fifteen thousand dollars ($15,000.00). SECTION
9. MULTIPLE COMMERCIAL TENANTS. Where the City of Miami Gardens seeks to bring an administrative action, based on a stolen property nuisance against a property owner operating an establishment
where multiple tenants, on one (1) site, conduct their own commercial business and that the owner is not involved in the business operation, the property owner shall not be subject to
a lien against his property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within ninety (90) days after notification by
registered mail to the property owner of a second stolen property conviction of the tenant. This provision is limited to commercial tenants only. SECTION 10: ENFORCEMENT The City Attorney
is authorized to initiate contempt proceedings in the Circuit Court of the Eleventh Judicial Circuit for willful disobedience or failure to comply with any order of the board. A. Orders
of the nuisance abatement board issued pursuant to this chapter shall be posted at the place, building, or a premise where the public nuisance exists, existed or is occurring, in violation
of the law and shall be sent by certified mail to the owner of record of such place, building, or premises within two business days of the posting. B. The Police Department shall be
authorized to act upon and enforce such orders in accordance with this ordinance, five (5) business days after the posting of an order issued pursuant to the nuisance abatement board,
SECTION 11. APPEALS An aggrieved party, including the city, may appeal a final order of the nuisance abatement board to the appellate division of the Circuit Court of the Eleventh Judicial
Circuit. Such an appeal shall not be a hearing de novo but shall be Page 17 of 78
8491965.1 Page 11 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 limited to appellate review of the record created before the
board. An appeal shall be filed within 30 days of the date of the written order to which the appeal is directed. SECTION 12. GENERAL PROVISIONS All powers and rights conferred by this
section shall be in addition to and supplemental to those conferred by any other general or special laws governing public nuisances and shall be liberally construed to effectuate the
purpose of this chapter. SECTION 13. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 14. SEVERABILITY: If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 15. INCLUSION IN CODE: It is the intention of the City Council
of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the sections of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall
accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be Page 18 of 78
8491965.1 Page 12 398 399 400 401 codified. SECTION 16. EFFECTIVE DATE: This Ordinance shall become effective on October 1, 2009. However, nothing contained herein shall prevent the
City from relying upon police reports issued prior to this date in order to substantiate a case. PASSED ON FIRST READING ON THE _____ DAY OF ______________. PASSED ON SECOND READING
ON THE DAY OF , 20 . ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 20 . _________________________________ SHIRLEY GIBSON,
MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILMAN OLIVER GILBERT III AND
CITY MANAGER DANNY CREW MOVED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Page 19 of 78
8491965.1 Page 13 Vice Mayor Barbara Watson (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman Oliver Gilbert, III (Yes) (No) Councilman Andre’ Williams (Yes) (No) Councilwoman
Sharon Pritchett (Yes) (No) Councilman Aaron Campbell (Yes) (No) Page 20 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 10, 2009 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 Fleet Services Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: ITB#0809005 Flat Tire Repair Services/State
of Florida GS0830918, Pol SubsGS0830919 X Sponsor Name Dr. Danny O. Crew, City Manager Department: Fleet Division Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER NOT TO EXCEED THE AMOUNT OF TWENTY THOUSAND DOLLARS ($20,000.00) TO THE CITY’S PURCHASING ORDER WITH TIRESOLES OF BROWARD,
INC.; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THE PURCHASE OF TIRES AND FLAT TIRE REPAIRS, ON AN AS NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGET, FOR FISCAL YEAR
2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens currently uses one vendor, Tiresoles of Broward, Inc. for the
repair service, replacement service, and purchase of new tires: Repair and Replacement of Tires In order to ensure that the City’s fleet has immediate service for flat tire repairs,
staff prepared specifications for the repair and replacement of flat tires, Bid #08‐09‐005 and advertised on October 16, 2008. A broadcast notice was sent to 73 vendors. Six vendors
requested bid packages. The bids were opend on November 6, 2008. One bid was received and publicity read. The prices were evaluated to ensure they were inline with industry standards.
References were checked by staff and found favorable. The City Manager awarded this bid to the ITEM J-1) CONSENT AGENDA RESOLUTION Change Order to Tiresoles of Borward, Inc. Page 21
of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 lowest responsive bidder, Tiresoles of Broward, Inc. located in Hialeah Gardens, Florida for one year with option
to renew for an additional two years on a year to year basis, pending budget allocation, effective December 1, 2008 through November 31, 2009. Purchase of New Tires The State of Florida
competitively bid for the purchase of tires and awarded to Bridgestone and Firestone Tire Distributors throughout the state. Tiresoles of Broward, Inc. is also one of the vendors/disbributors
in our area authorized to distribute Firestone Tires. Inasmuch as Tiresoles of Broward is awarded the City’s contract for the repair and replacement of tires and provdes new tires to
the City via the State of Florida’s contract. Staff anticipates that the current the purchase order issued for repair and replacement of tires and purchase of new tires will exceed the
City Manager’s authority. It is estimated that a change order in the amount of $20,000 will be nnecessary in order to support the Fleet operation through this fiscal year. Proposed Action:
That the City Council authorize the City Manager to issue a change order to Tiresoles of Broward, Inc. for the purchase of new tires and the repair and replacement of tires in accordance
with the two bids, in an amount of $20,000 through fiscal year 2009 and to authorize the City Manager to issue a purchase order for the purchase of new tires and repair and replacement
service, on an as needed basis, not to exceed the allocated budget, for fiscal year 2010. Attachment: None Page 22 of 78
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER NOT TO EXCEED THE AMOUNT OF TWENTY THOUSAND
DOLLARS ($20,000.00) TO THE CITY’S PURCHASING ORDER WITH TIRESOLES OF BROWARD, INC.; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THE PURCHASE OF TIRES AND FLAT TIRE REPAIRS,
ON AN AS NEEDED BASIS, NOT TO EXCEED THE ALLOCATED BUDGET, FOR FISCAL YEAR 2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12
13 14 WHEREAS, City staff prepared specifications for the repair of flat tires, in accordance with Bid #08-09-005, and advertised the same on October 16, 2008, and WHEREAS, bid was subsequently
awarded to the sole bidder, Tiresoles of Broward, Inc., for one year with an option to renew for an additional two years, pending budget allocation, effective December 1, 2008 through
November 31, 2009, and WHEREAS, the State of Florida competitively bid for the purchase of tires and awarded the same to Bridgestone and Firestone Tire Distributors throughout the State,
and WHEREAS, Tiresoles of Broward, Inc. is one of the vendors/distributors in our area awarded Firestone Tires, and WHEREAS, since Tiresoles of Broward was awarded the City’s contract
for flat tire and was awarded the State of Florida’s contract for the purchase of tires, the purchase order issued for flat tire service and purchase of tires will exceed the City Manager’s
authority, and 8497164.1 Page 23 of 78
15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREA, City staff is requesting that the City Council authorize the City Manager to issue a change order,
not to exceed the amount of Twenty Thousand Dollars ($20,000.00) to Tiresoles of Broward, Inc. for the current Fiscal Year, and that the City Council authorize the City Manager to issue
a purchase order for the purchase of tires and flat tire repairs, on an as needed basis, not to exceed the allocated budget, for Fiscal Year 2010, NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true,
and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to authorize
the City Manager to issue a change order in an amount not to exceed the amount of Twenty Thousand Dollars ($20,000.00) to Tiresoles of Broward, Inc., and that the City Council authorize
the City Manager to issue a purchase order for the purchase of tires and flat tire repairs, on an as needed basis, not to exceed the allocated budget, for Fiscal Year 2010 Section 3.
EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD
ON JUNE 10, 2009. 8497164.1 Page 24 of 78
8497164.1 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC,
CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 58 Mayor Shirley Gibson (Yes) ___(No)
59 Vice Mayor Barbara Watson (Yes) ___(No) 60 Councilman Melvin L. Bratton (Yes) ___(No) 61 Councilman Aaron Campbell (Yes) ___(No) 62 Councilman Oliver Gilbert, III (Yes) ___(No) 63
Councilwoman Sharon Pritchett (Yes) ___(No) 64 Councilman André Williams (Yes) ___(No) 65 66 67 SKD/teh Page 25 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 10, 2009 Item Type: Resolution Ordinance Other
x Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading n/a Public Hearing: Yes No Yes No x Funding Source: n/a Advertising Requirement: Yes No x Contract/P.O. Required: Yes
No RFP/RFQ/Bid #: n/a n/a Sponsor Name Danny Crew Department: CMO Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE LAND ACQUISITION
PLAN ATTACHED HERETO AS EXHIBIT “A;” EXPRESSING IT’S INTENTION TO MAKE FUTURE PURCHASES OF CITY PROPERTY BASED UPON THE PLAN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. Staff Summary: Because property purchases are major commitments, it is important to look into the future to try and identify potential land that the City may need
for municipal purposes. This will help the City plan such acquisitions and to take advantage of market trends. Recommendation: Recommend that City council adopt the attached Land Acquisition
Plan guidance for staff activities. Attachment: Land Plan ITEM J-2) CONSENT AGENDA RESOLUTION Land Acquisition Plan Page 26 of 78
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE LAND ACQUISITION PLAN ATTACHED HERETO AS EXHIBIT “A;” EXPRESSING IT’S INTENTION
TO MAKE FUTURE PURCHASES OF CITY PROPERTY BASED UPON THE PLAN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
WHEREAS, as the City develops and grows, it is necessary for the City to acquire property in order to provide the appropriate facilities for the betterment of the City’s residents, including
park and recreation centers, business facilities, roads and maintenance facilities and property to be used for economic development purposes, and WHEREAS, because land in the City of
Miami Gardens is essentially fully developed, it becomes especially important for the City to identify its long-term property needs so that the City can take advantage of opportunities
to pursue grants and other financing in a timely manner and purchase needed assets when they may become available, and WHEREAS, it is appropriate for the City Council to adopt a plan
for amassing properties in order to have locations upon which facilities that provide public services to the City’s residents can be effectuated, NOW THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true,
and the same are hereby made a specific part of this Resolution. 8496283.1 Page 27 of 78
19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Section 2. APPROVAL: The City Council of the City of Miami Gardens hereby approves the Land Acquisition
Plan attached hereto as Exhibit “A,” and the City Council expresses its intent to make future purchases of property, over the next three to five years, in accordance with this Plan.
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING
HELD ON JUNE 10, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS,
ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 48 Mayor Shirley Gibson (Yes) ___(No) 49 Vice Mayor Barbara Watson (Yes) ___(No)
50 Councilman Melvin L. Bratton (Yes) ___(No) 51 Councilman Aaron Campbell (Yes) ___(No) 52 Councilman Oliver Gilbert, III (Yes) ___(No) 53 Councilwoman Sharon Pritchett (Yes) ___(No)
54 55 56 Councilman André Williams (Yes) ___(No) SKD/teh 8496283.1 Page 28 of 78
8496283.1 57 Page 29 of 78
City of Miami Gardens’ 3 to 5 Year Land Acquisition Program Purpose The City of Miami Gardens is the third largest city in Miami-Dade County. In order to carry out its duties and responsibilities
to the residents of the City, it is necessary to have a number of physical facilities from which city business can be conducted. Because of the generally significant cost of such facilities,
it is prudent to identify as many of these needs as possible and establish a program for their acquisition over time. History Subsequent to the City of Miami Gardens being incorporated,
Miami-Dade County transferred a number of real estate-based assets to the City. These included: Roadways, parks, and canals. In addition to these assets, the City has purchased several
facilities since incorporation. These include: -3+ acres for the expansion of Rolling Oaks Park -.25 acre for a small pocket park at Jordan’s Landing -4+ acre site for a future City
Hall building -The Old Mt. Herman Church at Bunche Park for possible expansion -The Police Headquarters Facility in the Sunshine International Park -The Public Works Compound/Building
in the Sunshine International Park -A 5 acre parcel across from Carolmart for potential economic development initiatives -A 15 acre parcel at NW 7th Avenue for economic development purposes
Asset Needs A city needs to have a healthy infrastructure inventory in order to effectively carry out its responsibilities to provide the best and most effective public services possible.
These needs fall into several categories: Public Facilities such as parks and recreations centers; business facilities such as the police headquarters, roads, and maintenance facilities;
and economic development land/facilities for economic development purposes. Because land in the City of Miami Gardens is essentially fully developed, it becomes especially important
to identify our long-term property needs so that the City can take advantage of opportunities to pursue grants and other financing in a timely manner and purchase needed assets when
they may become available. Analysis As indicated above, asset needs tend to fall into one (or more) of three categories: Public facilities, business facilities; and economic development
facilities. This report will review each in turn. 1 Page 30 of 78
1. PUBLIC FACILITIES Public facilities are those facilities that have a direct connection to and where services are provided to the general public. These might include Parks, recreations
facilities, a City Hall, and roads. Roads: The City of Miami Gardens’ road system was inherited from Miami-Dade County. Being a fully developed, there is not expected to be a need for
additional roads. However, because of the general age of these roads, and the overcapacity of many of them, future projects involving the repaving and widening can be expected. Since
these projects will generally not involve land acquisition, they are not considered here. City Hall: A major investment in the future of any city is the building of its first City Hall.
Miami Gardens realized this early on and secured the preponderance of land for its construction. City staff has identified one additional parcel that needs to be purchased to complete
the site. This is the Mint Lounge property. This should be added to the future property acquisition inventory. See MAP #1 below: MAP #1: Mint Lounge City Owned Site City Hall Site #1
Parks: Upon incorporation, Miami-Dade County deeded some 16 parks to the City for our use. Most of these parks are neighborhood parks in the 2-5 acre size range. Unfortunately, most
of these parks are also heavily overused due to the lack of adequate community park-sized facilities (10-40 2 Page 31 of 78
acres). This has caused numerous problems with adjacent residents and property owners and in maintenance of those facilities. To address this problem, in 2006, the City began an extensive
parks renovation program, upgrading existing parks and fully developing the few larger parks we have to handle more intensive recreational activities. In looking at our parks system
as a whole, it is clear that for a city our size, Miami Gardens is woefully deficient in parks and open space. One accepted national standard (National Recreation and Parks Association)
recommends 10 acres of parks land for every 1,000 residents. Miami Gardens has less than 2 acres per 1,000 residents, and this is if you also count School Board playgrounds and sports
fields in the number. Given the scarcity of available land in the city, it becomes critical for the City to identify potential park additions and act quickly when they come on the market,
if not sooner. MAP #2 below is a map of the current city park facilities. In addition, staff has identified various parcels throughout the City that have the potential for enhancing
our parks program. The City should act quickly if and when these parcels become available to purchase, even if immediate development is not feasible. Once such parcels are developed
for housing or commercial purposes, they are lost forever to the City as parks sites. Map #2 below identifies several potential park sites that are recommended for possible acquisition.
MAP #2: Potential City Park Additions Park Site #2 Park Sites #3 & 4 Park Park Site #5 Site #1 3 Page 32 of 78
Site #1 is approximately 190 acres at the NW corner of the City. While the entire site is not needed, approximately 100 acres would fulfill the City need for a regional parks and recreation
facility. See Map #3 below: Map #3: Park Site #1 Park Site #1 Site #2 is approximately 10 acres North of the Palmetto and immediately west of NW 22nd Avenue. This area is heavily wooded
and would help fill a gap in the City’s park system in that area. It is a prime location for a passive park with picnic and jogging facilities. See Map #4 below: MAP #4: Park Site #2
4 Park Site #2 Page 33 of 78
Site #3 is a two (2) acre site located on 183rd Street immediately south of Rolling Oaks Park. This site is currently rented part-time as a church and is tied up in litigation. This
is a critical piece for the future of Rolling Oaks Park, especially the plan to move the Park’s main entrance from NW 17th Avenue to 183rd Street. See Map #5 below: MAP #5: Park Site
#3 Park Site #3 Rolling Oaks Park Site #4 (MAP #6 below) is a nearly 2-acre site that is currently occupied by a Child Day Care center. The site is immediately south of Rolling Oaks
Park and west of Site #3. Because large tracts of land are so hard to come by in Miami Gardens, the City needs to take advantage of our existing parks by enlarging them whenever possible.
This tract is well located to do this. As Rolling Oaks is the City’s largest park, it makes sense to consolidate outparcels whenever possible. The additional parking this site would
provide would be invaluable for the park’s usage. MAP #6: Rolling Oaks Site #4 Park Site #4 5 Page 34 of 7
8Park Site #5 (MAP #7 below) is a 14 acre site currently owned by the Archdiocese of Miami and is adjacent to the Turnpike along NW 183rd Street and NW 12th Avenue. This site has a number
of buildings along with 10 or more undeveloped acres. This site, including the main 22,000 square foot building could easily be converted into a dedicated Senior Center. The vacant land
could be used by Keep Miami Gardens Beautiful to develop a formal “Garden” to reflect our namesake. MAP #7: Archdiocese of Miami Park Site #5 While these are the major tracts that the
City should work toward acquiring, there may also be smaller opportunities that arise from time to time, especially where they adjoin existing parks and could provide expansion opportunities
to these existing facilities. 2. BUSINESS FACILITIES Business facilities are those facilities that have a direct connection to the inner workings of the City workforce. Some like the
police headquarters can be both a public and a business facility while others, like a maintenance facility, is only a business facility designed to serve the internal city organization.
The City of Miami Gardens has several such facilities: The police headquarters in the Sunshine International Park; the Public Works facility also in the Sunshine International park,
and the Parks Maintenance Facility located at Myrtle Grove Park. In looking at our current and long term needs, the City should be looking at several additional business facilities to
more efficiently and effectively carry out its business operations. 6 Page 35 of 78
Vehicle Maintenance: One such facility that the City should be considering in the future is that of a vehicle maintenance facility. While it makes sense to outsource major vehicle repair
and equipment repair, with a fleet of over 500 vehicles and major pieces of equipment, it would be more cost effective to handle much of the routine maintenance at our own facility.
Tasks such as oil and fluid changes, preventive maintenance, tire changing, hose, belts and wiper replacement, etc., can all be done quicker and cheaper in-house. Another facility that
will need to be replaced in the future is that of the Police headquarters. The current facility, while adequate for the time being, was never designed to be used as a long-term answer
to the need. Currently, consideration is being given to co-locate the police department with the proposed City Hall on NW 27th Avenue. If this is done, it would open up the current police
facility to be used as a maintenance facility, solving the problem identified above. This makes sense as the City is currently planning to install a fuel station at this site. That facility
would be managed by the City’s maintenance function. Fueling Facility: In looking further at the future needs of City public facilities, an expansion of the proposed fueling facility
may be required to accommodate alternate fuel vehicles such as CNG/LPG, biofuels and electric. In order to accommodate this, it would probably be necessary to expand the current proposed
fueling facility through the purchase of an additional ½ acre to the east of the current site. This tract is unused and has little or no access, but would fit nicely into our proposed
fueling station. MAP #8: Future Business Facility real estate needs. Business Site #1 7 Page 36 of 78
Currently, the City Police and Public Works have their offices at the 3 acre compound in NW 163 Drive in the Sunshine International Park as shown in Map #9 below: MAP #9: City Property
Addition Current Public Works Building and Walled Compound Current Police Building & Possible Future Maintenance Police Parking Lot & Future Fuel Depot Business Site #1 The site identified
as MAP #9 is a small ½ acre vacant parcel of property located immediately east of the police parking lot. This lot is only accessible through the City’s property from the west and from
the east, a non approved Railroad crossing on the spur line. As the City expands in the future, this parcel could prove to be useful for an expansion of the future fuel depot and for
site integrity. 3. ECONOMIC DEVELOPMENT OPPORTUNITIES In addition to large tracts of land for parks and city business enterprises, a municipality may want to obtain vacant infill lots,
or lots where City-developed housing or other public services such as parking could be provided provided might be appropriate. These can play a key role in the provision of workforce
housing within the community. For Miami Gardens, these objectives are carried out by the City’s Community Development Department and will not be the subject of this report. Another reason
for a municipality to purchase land not necessarily destined for a municipal use is to acquire land for economic development purposes. A major responsibility of local government is to
ensure that the City develops in such a fashion that new development is an asset and reflects the community’s needs and image. One way in which cities accomplish this is through its
planning and zoning regulations; however, these are not always sufficient to bring about the desired end. Another way for the city to ensure the type of development, especially
in certain 8 Page 37 of 78
9 ‘high visibility’ corridors, or in certain priority uses, is for the city to own the land. By having site control, the City can entertain proposals and effectively negotiate with only
those that reflect its desired development objectives. While the purchase of property for economic development is common among cities and counties throughout the nation, it should be
approached carefully. The City is not a speculator and should not purchase land without a valid economic development reason. The City’s recent purchase of the Warren Henry tract is a
good example. Here, the City entered into a transaction in which it could further the economic development efforts of the City while at the same time protect its investment through the
acquisition of the property at a substantial discount under the appraised market value. These types of opportunities should be considered in the future in those cases where the City
can assist in the development of a site while at the same time, ensuring that our investment is sound and that our return on investment is positive. Page 38 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 10, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A Sponsor Name Councilman Oliver Gilbert III Department: City Manager’s
Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT IN SUBSTANTIAL
FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT “A,” WITH SOUTH FLORIDA WORKFORCE FOR THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT SUMMER YOUTH EMPLOYMENT PROGRAM; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Since its incorporation in May 2003, the
City’s leadership has placed an emphasis on meeting the needs of its residents by identifying programs and services that directly address those needs. Programs for the City’s youth have
been a focal point in the activities undertaken in our Parks and Recreation Department; and our education compact with Miami Dade County Public Schools seeks to leverage resources between
both entities for the improvement of schools within the City. Notwithstanding, it is recognized that many of the challenges faced by the City’s youth stem from a lack of job skills training
and viable opportunities to gain experience in professional work settings. This condition is especially amplified for the low income households in our community ITEM J-3) CONSENT AGENDA
RESOLUTION Summer Youth Employment Program Page 39 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation The City was recently approached by South Florida Workforce Investment Board (SFWF) in regard
to the launch of its 2009 Summer Youth Employment Program. The summer employment program is designed to assist young adults in gaining significant employment experience and know how,
career exploration opportunities, skill development, exposure to the work environment and guidance in appropriate work place behavior(s). Summer employment activities help young adults
acquire the personal attributes, knowledge and employment skills needed to obtain a job, keep a job and advance in employment. SFWF committed to providing the City slots to be filled
by income eligible youths (ages 14-24) who are residents of Miami Gardens. These young people will be considered employees of SFWF, who will be responsible for their pre-employment screening
and compensation. SFWF will also carry liability insurance on each child and will hold the City harmless. The City’s role will be to place these youth in positions that will allow them
to gain work experience while earning much needed income. When we initially discussed this program, our concerns were the placement of youth in appropriate functions that would not disrupt
the City’s operations, or task our already lean staff with additional supervisory burdens. Since the City has not participated in this program before, there are a lot of the day-today
issues that pose concerns. Hopefully, after we have some experience with the program, we will be able to accommodate additional residents in 2010. Additionally, for supervisory purposes,
the City has requested participants in the program be at least 18 years old. This program will run ten (10) weeks, from June 15th thru August 24th. The 40 participants will be placed
in the various City Departments that have already identified projects or tasks to be performed. SFWF will provide program monitors who will receive feedback and performance evaluations
from City Staff. The attached resolution seeks City Council approval of the Worksite Agreement to be executed between the City and South Florida Workforce Investment Board Proposed Action:
Councilman Gilbert recommends the City Council approval of the attached resolution authorizing the City Manager to execute the Worksite Agreement. Attachment: Attachment A – Worksite
Agreement (Draft) Attachment B – Program Summary Attachment C – Employer Fact Sheet Page 40 of 78
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT IN SUBSTANTIAL
FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT “A,” WITH SOUTH FLORIDA WORKFORCE FOR THE 2009 AMERICAN RECOVERY AND REINVESTMENT ACT SUMMER YOUTH EMPLOYMENT PROGRAM; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with the 2009 American Recovery and Reinvestment Act
(“ARRA”), South Florida Workforce is entering into agreements with various worksites whereby youth aged 14-24 will be able to gain valued work experience and training, and 1 2 3 4 5
6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the City of Miami Gardens would like to participate in the 2009 Summer Youth Employment Program, and would like to authorize the City Manager to
take any and all steps that may be necessary in order for the City to become an active participant participant in the Program, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are
hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Attorney to negotiate
and execute an Agreement in substantial form as that Agreement attached hereto, as Exhibit “A,” with Page 41 of 78
South Florida Workforce for the 2009 American Recovery and Reinvestment Act Summer Youth Employment Program. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41
42 43 44 45 46 47 48 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Fee Agreement, with one to
be maintained by the City; with one to be delivered to South Florida Workforce; and with one to be directed to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution
shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 10, 2009. _______________________________
__ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILMAN OLIVER
GILBERT, III MOVED BY:_____________________ VOTE: _____ 49 Mayor Shirley Gibson (Yes) Yes) ___(No) 50 Vice Mayor Barbara Watson (Yes) ___(No) 51 Councilman Melvin L. Bratton (Yes) ___(No)
52 Councilman Aaron Campbell (Yes) ___(No) Page 42 of 78
53 Councilman Oliver Gilbert, III (Yes) ___(No) 54 Councilwoman Sharon Pritchett (Yes) ___(No) 55 Councilman André Williams (Yes) ___(No) 56 57 58 SKD/teh 8494963_1.DOC Page 43 of 78
EMPLOYER FACT SHEET Program Description: The summer employment program provides summer employment activities and services to young adults between the ages of 14-24 residing in Miami-Dade
and Monroe Counties. The summer employment program will place approximately 4,000 or more young adults in well structured internship positions in the not-forprofit, private non-profit
or the public sectors. Prior to employment, all young adults will complete a work readiness training program, which will enhance their ability to become employable and productive while
at the same time gaining experience in the work world. Program Objectives: • The summer employment program is designed to assist young adults in gaining significant employment experience
and know how, career exploration opportunities, skill development, exposure to the work environment and guidance in appropriate work place behavior(s). • Summer employment activities
help young adults acquire the personal attributes, knowledge and employment skills needed to obtain a job, keep a job and advance in employment. Employer’s Role: • Provide worksite for
young adults to work during the summer. • Enforce Child Labor Laws. • Supervise young adults. • Evaluate young adult’s work ethics at least three times during the summer. • Responsible
for maintaining young adults signing in and out logs. • Meeting and discussing summer youth program and activities provided with program monitors. Work Activity Duration: Work readiness
and employment activities for young adults are designed for a maximum ten week period from June 15, 2009 through August 24, 2009. Program Work Activity Hours and Pay Rate: • Younger
youth participants (ages 14-17) will be compensated at the wage rate of $8.00/hr and will work no more than 140 hours during the entire summer program. Younger youth will only be allowed
to work four hours a day. • Older youth participants (ages 18-24) will be compensated at the wage rate of $10.00/hr and will work no more than 160 hours during the entire summer program.
Older youth will be allowed to work up to 25 hours per week. • A total of 20 hours must include work readiness skills training (the 20 hours are inclusive in the maximum allotted summer
hours). Program Outcomes: • The business community will benefit from highly motivated young adults in their workplace while giving young adults a crucial career building opportunity.
• Young adults will gain valuable work readiness skills and work experience. Program Goals: • To provide summer internships to 4,000 or more young adults, ages 14-24. • To provide meaningful
and well structured summer employment activities to community young adults. • Young adults will attain work readiness skills through a classroom setting. • To partner with county, municipalities,
community based organizations and business community. • To provide opportunities to young adults that lead to unsubsidized employment. • To develop long term employment opportunities
for young adults. How to Participate: Page 44 of 78
• Employers can visit: www.southfloridaworkforce.com to register or • Call (305) 594-7615 for more information Page 45 of 78
SOUTH FLORIDA WORKFORCE INVESTMENT BOARD (SFWIB) YOUTH SUMMER EMPLOYMENT INITIATIVE I. INTRODUCTION: Program Description: The summer employment initiative provides summer employment
activities and services to young adults between the ages of 14-24 residing in Miami-Dade and Monroe Counties. The summer employment initiative will place approximately 4,000 or more
young adults in well structured internship positions in the not-for-profit, private non-profit or the public sectors. Prior to employment, all young adults will complete a work readiness
training program, which will enhance their ability to become employable and productive while at the same time gaining experience in the work world. II. PROGRAM OBJECTIVES: a. The summer
employment program is designed to assist young adults in gaining significant employment experience and know how, career exploration opportunities, skill development, exposure to the
work environment and guidance in appropriate work place behavior(s). b. Summer employment activities help young adults acquire the personal attributes, knowledge and employment skills
needed to obtain a job, keep a job and advance in employment. III. PROGRAM DESIGN: Service Delivery: i. Recruitment: Young adults will/can be recruited through the following methods,
but are not limited to: • Website (SFW) -youth and employers will be able to register on line • SFW will provide publicity • Flyers and pamphlets • Radio announcements • Notification
to community based organizations, employers, chambers • Spring break ii. Recruitment Targeted Areas: Young adults will be recruited countywide from Miami-Dade and Monroe Counties. iii.
Recruitment Targeted Populations: Priority will be for the following young adult categories, but may not be limited to: • Runaway youth • Homeless youth • Youth in foster care • Youth
aging out of the foster care system • Court involved youth/offender • Children of incarcerated parents • Job Corps youth • Migrant youth • Parenting youth Page 1 of 3 Youth Summer Employment
Initiative Page 46 of 78
iv. Eligibility: WIA Youth requirements– (at-risk/most in need of services) • Age • Resident of Miami-Dade/Monroe Counties • Selective service • Low income • Citizenship v. Enrollment:
Collection of required documentation to prove program eligibility. Documented information obtained during the verification process and is maintained as physical evidence in the participant’s
file. vi. Assessment: Assessments will consist of the pre and post data results obtained from the work readiness skills training classes and work maturity evaluations completed by the
worksite supervisor. vii. Employment Sources: Committed jobs/employment placements from local municipalities, county agencies, learning institutions and community based organizations.
viii. Service Delivery During Summer Employment Activities: • Work Readiness Skills Training • Worksite visits, supervisor training and monitoring • Case management • Work Maturity Evaluations
• Payroll collection and distribution • Bus passes ix. Service Delivery Location(s): Community Based Locations, Career Centers, SFW • Service delivery should be in locations that are
convenient for the youth to visit and report for program activities/services. • If services are delivered by providers; SFW will hire programmatic monitors to perform worksite inspections,
participant, worksite supervisor and provider monitoring. x. Program Duration: • All summer program activities will commence May 1, 2009 and conclude September 30, 2009. • Work readiness
and employment activities for young adult participants shall be designed for a maximum ten week period from June 15, 2009 through August 24, 2009. xi. Program Work Activity Hours and
Pay Rate: • Younger youth participants (ages 14-17) will be compensated at the wage rate of $8.00/hr and will work no more than 140 hours during the entire summer program. Younger youth
will only be allowed to work four hours a day. • Older youth participants (ages 18-24) will be compensated at the wage rate of $10.00/hr and will work no more than 160 hours during during
the entire summer program. Older youth will be allowed to work up to 25 hours per week. • A total of 20 hours must include work readiness skills training (the 20 hours are inclusive
in the maximum allotted summer hours). Page 2 of 3 Youth Summer Employment Initiative Page 47 of 78
Page 3 of 3 Youth Summer Employment Initiative xii. Program Costs: • Five months are identified to deliver summer employment activities to young adults (5/1/09 to 9/30/09), from hiring
of staff, providing work readiness skills, placing young adults on jobs and program wrap up. IV. PROGRAM GOALS: a. To provide summer internships to 4,000 or more young adults -ages 14-24,
b. To provide meaningful and well structured summer employment activities to community young adults, c. Young adults to attain work readiness skills through a classroom setting d. To
partner with county, municipalities, community based organizations and business community e. To provide opportunities to young adults that lead to unsubsidized employment f. To develop
long term employment opportunities for young adults V. PROJECTED OUTCOMES: a. Program Completion: 95% b. Work Readiness Skill Attainment -Pre and Post Testing: 100% c. Work Maturity
Evaluations Completed: Minimum of three evaluations per youth d. Each provider produces a summer portfolio detailing all aspects of the summer program/activities from beginning to end
and submit to SFW: 100% VI. PROS AND CONS a. Young adults are placed in internship positions that provide valuable work experience b. Dollars are quickly deposited in the community c.
Young adults gain valuable work readiness skills and work skills d. Young adults learn what it takes to keep a job for longevity e. Youth service delivery is expanded to young adult
participants -ages 22-24 f. Community businesses will benefit from young adults working at their place of work g. Possible full time unsubsidized employment placements for young adults
-ages 18-24 h. Ensures success and support for the program from the community and employers Page 48 of 78
Page 1 of 5 DRAFT COPY 2009 AMERICAN RECOVERY & REINVESTMENT ACT SUMMER YOUTH EMPLOYMENT PROGRAM WORKSITE AGREEMENT This Agreement is made and entered into by the Worksite Employer (hereinafter
referred to as the “Employer”) and the Service Provider (hereinafter referred to as the “Provider”) to provide youth participants (hereinafter sometimes referred to as “Youth” or “Participant”)
with a meaningful work experience designed to enhance career opportunities and employment prospects. This Agreement is not binding until executed by both parties. No youth shall begin
work until this Agreement is fully executed. Agreement Number: ________________ Funding Source: ARRA . The term of this Agreement shall be from __________________ to and including __________________.
Total Number of Participants: ________ Total number of Worksite Supervisors: ________ WORKSITE EMPLOYER Name: . Address: . City/State/Zip: . F.E.I.D. . Telephone/Fax: /. E-mail: . Employer
Status (Check One) Public Private Non-Profit Private Private For-Profit SERVICE PROVIDER Name: . Address: . City/State/Zip: . Telephone/Fax: /. E-mail: . The Provider and Employer
agree to comply with the following provisions, requirements, and regulations hereinafter set forth: PART I General Conditions 1. The Employer agrees to provide summer work experience
to youth aged fourteen (14) through and including twenty-four (24) years, who are referred by the Provider and assigned to the worksite. 2. The Employer shall make available suitable
jobs at its worksite(s) as described in the job description(s) attached hereto and incorporated herein as a part of this Agreement. 3. The Employer shall assure that youth aged fourteen
(14) through and including seventeen (17) years do not work in excess of four (4) hours per day for a maximum of twenty (20) hours per week; and that youth aged eighteen (18) through
and including twenty-four (24) years do not work in excess of twenty five (25) hours per week. Youth shall be paid only for actual hours worked on the worksite. worksite. Youth are prohibited
from any over-time work assignments and shall not be requested to work overtime. Youth shall not be paid during the summer for sick, vacation or holiday wages. Page 49 of 78
Page 2 of 5 4. The Employer shall ensure that all supervisory personnel directly responsible for the supervision of participants attend the worksite orientation conducted by the Provider
to learn their duties and responsibilities under this Agreement. 5. The Employer shall comply with applicable Federal and State Child Labor Laws, rules and regulations in the assignment
of work to the youth and ensure youth are not performing any duties that are in violation of the Child Labor Laws. Youth shall not be employed in jobs which are not age appropriate and
are considered hazardous according to the Federal and State Child Labor Laws. 6. In the event of non-compliance with the provisions of the Worksite Agreement, the Provider may remove
any or all of the assigned participants from the worksite. The Provider may terminate this Agreement at any time that the Provider determines that the Employer failed to comply with
any of the provisions contained in this Agreement. 7. This Agreement may be terminated without cause by either party hereto upon providing thirty (30) days prior written notice to the
other party. 8. The Employer shall not subcontract, assign or transfer any rights or responsibilities under this Agreement or any portion thereof without the prior written approval of
the Provider. 9. The Employer shall allow representatives of the Provider, South Florida Workforce Investment Board (SFWIB), Federal and State representatives to visit worksites for
the purpose of monitoring the summer employment program; interviewing the participants, worksite supervisors and staff; and reviewing original supporting program documentation. 10. The
Employer shall immediately advise the Provider in writing of any actions, suits, claims or grievances filed against the summer employment program, Provider, SFWIB, Federal officials,
State of Florida or participants that in any way relates to this Agreement. 11. The Provider shall pay the wages to eligible participants assigned to the Employer who are participating
in the 2009 Summer Youth Employment Program for hours worked in accordance with this Agreement and for which time and attendance records have been properly completed by the Employer.
12. The Provider will be considered the employer of record. 13. The Employer shall neither request nor receive compensation for providing the services described herein. 14. The Employer
shall hold in confidence any and all confidential information and shall not disclose confidential information to any third party without the express written consent of the Provider.
“Confidential Information” means any information including but not limited to any records files, electronic data, participant records or financial information concerning or relating
to the Provider or Provider’s participants. 15. The Employer shall hold harmless and defend the Provider for any injury or damage to participants or third parties where injury or damage
is caused by the negligence of any officer, agent, or employee of the Employer when such negligence occurs within the scope scope of said officer, Employer or employee’s duties in carrying
out the terms of this Agreement or for any injury or damage to third parties where injury or damage is caused by the negligence of the participant; or when such negligence occurs within
the scope of the participant’s duties while under the supervision and control of the Employer. PART II Assurances 1. The Employer assures that the Employer will comply with the Federal
Drug-Free Workplace Act of 1988 and the Drug-Free Workplace Rules established by the Florida Worker’s Compensation Commission. 2. The Employer assures that all worksites where participants
will be assigned to work are in a safe and sanitary environment and in compliance with health and safety standards established by Federal and State law. 3. The Employer assures that
the Employer shall not discriminate against any participant or potential participant because of race, color, religion, sex, national origin, age, disability, political affiliation or
belief, sexual orientation, creed or marital status. The Employer assures that participants shall receive fair and impartial treatment and that participants shall not be subjected to
harassment of any type or form. 4. The Employer assures that participants shall receive comparable working conditions and non-payroll benefits such as rest breaks, lunch, etc. as other
current employees. Page 50 of 78
Page 3 of 5 5. The Employer assures that participants shall not be employed at a casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 6. The Employer
assures that participants shall not be employed in the construction, operation, or maintenance of any portion of a facility used or to be used for religious instruction or worship, not
in any assignment, which involves religious duties. 7. The Employer assures that participants shall not engage in any religious, sectarian activities, lobbying activities, political
activities, union activities, fund raising activities or any other activities designated to influence legislation or appropriations pending before the Congress of the United States or
the State of Florida during work hours. 8. The Employer assures that a work experience position has not been created as the result of, or shall not result in, any of the following: displacement
or reduction of hours of current employees; cancellation of contractual services or the freezing of the hiring of new employees as a result of youth participants assigned to the worksite.
Youth participants shall not be placed into a regularly budgeted position classification in which current vacancies exist. 9. The Employer assures that, to the best of Employer’s knowledge
and belief, Employer is in compliance with the Florida Clean Indoor Air Act. PART III Employer Responsibilities 1. The Employer shall inform the Provider immediately should an incident,
accident or injury occur at the worksite affecting or involving a participant. An incident /injury report shall be completed by the participant and worksite supervisor. The Employer
shall submit the completed report to the Provider. 2. The Employer shall notify the Provider within twenty four (24) hours by telephone when a problem is identified or any problem or
concern regarding a participant's performance at a worksite. 3. For Outside Worksites, the Employer shall establish and implement a contingency plan that provides a safe alternative
work place and work activities to participants, in case of inclement weather. 4. The Employer shall provide all participants with an orientation that includes, but is not limited to:
work policies (work hours, time and attendance procedures), job safety (emergency and accident procedures) and job expectations (job description, duties and responsibilities). 5. The
Employer shall complete a minimum of three Work Maturity Performance Evaluations for each participant assigned to the worksite. Evaluation forms will be provided by the Provider. 6.
The Employer shall contact the Provider case manager in the event the participant’s performance is unsatisfactory, prior to terminating the participant’s employment. 7. The Employer
shall provide adequate materials and equipment needed for the participant to perform his/her job assignment. 8. The Employer shall have supervisory personnel who will act as worksite
supervisors for each of the Employer’s worksite locations to provide for continuous on-site supervision and training of the participants at a minimum ratio of no less than one supervisor
for every ten participants (1:10). 9. The Employer shall ensure adequate substitute supervision when regular supervision is absent. In the event of a change in supervisor, the Employer
shall assure that the new supervisor is provided with the Worksite Supervisor’s Handbook. 10. The Employer shall maintain worksite agreement, participant’s emergency medical/contact
form, inclement weather form, participant job description/work assignment, provider contact information and the participant work schedule at each worksite. 11. The Employer shall maintain
an accurate record of hours worked by each participant and shall complete time records in accordance with the procedures and schedules established by the Provider. 12. In the event of
a change in job duties, work hours, worksite location to which the youth is assigned, the Employer agrees to notify the Provider in writing within twenty four (24) hours prior to making
any changes. Page 51 of 78
Page 4 of 5 13. The Employer shall ensure that the participants correctly sign in and out each day. The sign in and out logs shall be
signed by the participant and the worksite supervisor verifying the hours worked by the participant. The sign in and out logs will be picked up on a weekly or bi-weekly basis by the
Provider for payroll processing. 14. The following position(s) shall be provided by the Employer: Occupational Title(s) Number of Slots Work Schedule Morning Afternoon AM PM PART IV
Service Provider Responsibilities 1. The Provider shall provide the worksite supervisor with a copy of this Agreement and the Worksite Supervisor’s Handbook, which shall be distributed
by the Provider to the respective worksite(s). 2. The Provider shall provide worksite orientation to each worksite supervisor covering the summer program requirements. 3. The Provider
will monitor to ensure that all participants at all worksites are only performing work activities as identified in the job description attached hereto and that the Employer is complying
with this Agreement. 4. The Provider counselors shall provide counseling to those participants who may be experiencing unsatisfactory performance. 5. The Provider shall pick up the sign
in and out logs on a weekly or bi-weekly basis from the Employer for payroll processing. 6. The Provider shall distribute the participants’ payroll checks directly to the participants.
INTENTIONALLY BLANKPage 52 of 78
Page 5 of 5 SIGNATORY FORM IN WITNESS HEREOF THE PARTIES HERETO HAVE CAUSED TO BE EXECUTED BELOW THE SIGNATURES OF THE AUTHORIZED REPRESENTATIVES OF THE PARTIES HERETO WHO ARE FULLY
AND DULY AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF THE RESPECTIVE PARTIES HERETO: ________________________________________________________ _______________________________ Employer
Authorized Representative Name (Print) Title (Print) ________________________________________________________ _______________________________ Employer Authorized Representative Signature
Date _______________________________________ ______________________________________ _____________ Worksite Name Worksite Address Zip Code _______________________________________ _____________________
_________________ _____________ Supervisor’s Name (Print) Supervisor’s Signature Date _______________________________________ ______________________________________ _____________ Supervisor’s
Title Supervisor’s Email Address Telephone # ______________________________________ ______________________________________ ______________ Alternate Supervisor’s Name Alternate Supervisor’s
Signature Date ______________________________________ ______________________________________ _______________ Alternate Supervisor’s Title Alternate Supervisor’s Email Address Telephone
# ______________________________________________________ _______________________________ Service Provider Authorized Representative Name (Print) Title (Print) ________________________________________
______________ _______________________________ Service Provider Authorized Representative Signature Date Page 53 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 27, 2009 Item Type: (Enter X in box) Resolution
Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source:
(Enter Fund & Dept) Transportation Fund Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x Sponsor Name Danny O. Crew
Department: Public Works Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY,
THAT CERTAIN CONTRACT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS, RELATING TO THE THIRD INMATE CREW WORK PROGRAMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. Staff Summary: The City has contracted with the Florida Department of Correction’s work squad since 2005, to reduce the amount of litter throughout the City, remove graffiti and
assist the public works crew with landscaping tasks. In 2006, the City added an addition FDOC work squad to help with the overwhelming workload of the first work squad. In an effort
to cover more areas of the City, a third work crew was requested by Council. At the behest of the City of Miami Gardens the Florida Department of Correction has approved an additional
squad for the City. FDOC has proposed to enter into an agreement with the City which includes: • One year contract with the option to renew for an additional year; • Contract shall become
effective upon the establishment of the Correctional Work Squad Officer potion; ITEM J-4) CONSENT AGENDA RESOLUTION Agreement w/FDOC Page 54 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Contract cost to the City will be $62,285.00. The additional cost for this contract is due to two onetime costs
for the officer (Training/Criminal Justice Standards and Hand Held Radio), thereby, increasing the cost of the previous contract from $56,467 to 62,285.; and • Stipulates termination
“at will” by the City upon 60 days notification, or by the FDOC with 60 days notification to the City. Other terms and conditions remain the same as the first two squads. We recommend
approval of the amendment to the agreement with Florida Department of Correction for an additional 1 year. Funds are available in the Public Works Budget (10‐41‐01‐541‐310‐00 Professional
Services) Recommendation: It is recommended that the City Council approve the attached Resolution for the third inmate crew program agreement with Florida Department of Correction. Attachment:
Exhibit “A” Page 55 of 78
RESOLUTION No. 2008-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN
CONTRACT BETWEEN THE CITY OF MIAMI GARDENS AND THE FLORIDA DEPARTMENT OF CORRECTIONS, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT A, FOR THE PROVISION OF LANDSCAPING
WORK SQUADS THROUGHOUT THE CITY OF MIAMI GARDENS IN THE AMOUNT OF $62,285.00; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes, and Rules 33-601.201 and 33-601.202, Florida Administrative Code,
provide for the use of inmate labor in work programs, and WHEREAS, City of Miami Gardens is a qualified and willing participant with the Department to contract for an inmate work squad(s),
and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract, and in recognition of the mutual benefits and considerations set forth, the parties
hereto covenant and agree as follows, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: Section 1. ADOPTION OF REPRESENTATIONS: The
foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORITY: The City Manager
and City Clerk are hereby authorized and directed to execute and attest, respectively, that certain Contract between the City of Miami Gardens and the Florida Department Of Corrections,
in 8496432.1 Page 56 of 78
17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 substantial form as that Agreement attached hereto as Exhibit “A,” for the provision of landscaping
work squads throughout the City of Miami Gardens in the amount of $62,285.00, a copy of which is attached hereto as Exhibit A. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk
is hereby authorized to obtain three (3) fully executed copies of the subject Contract, with one to be maintained by the City; with one to be delivered to the Florida Department Of Corrections,
and with one to be directed to the Office of City Attorney. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 10, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________
RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 47 Mayor Shirley
Gibson (Yes) ___(No) 48 Vice Mayor Barbara Watson, (Yes) ___(No) 49 50 Councilman Melvin L. Bratton (Yes) ___(No) Councilman Oliver Gilbert III ___(Yes) ___ (No) 51 Councilman Aaron
Campbell (Yes) ___(No) 8496432.1 Page 57 of 78
8496432.1 52 Councilwoman Sharon Pritchett (Yes) ___(No) 53 Councilman André Williams (Yes) ___(No) 54 55 Page 58 of 78
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 10, 2010 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No
RFP/RFQ/Bid #: X N/A Sponsor Name Vice‐Mayor Barbara Watson Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY TO CO-SPONSOR THE NATIONAL LEAGUE OF CITIES PRESCRIPTION DISCOUNT CARD PROGRAM; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER FOR THE CITY TO BECOME
A SPONSOR OF THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The National League of Cities (NLC) has launched a new program for
member cities to help residents cope with the high cost of prescription drugs. Through this program, the City of Miami Gardens will be able to offer savings on prescription drugs to
our residents who are without health insurance, a traditional pharmacy benefit plan, or have prescriptions not covered by insurance. The NLC Prescription Discount Card Program, in collaboration
with CVS Caremark will provide the City residents with a discount ID card personalized with the City logo, public service announcements, and toll free customer service care. There is
no cost for the City to participate as a member of the National League of Cities, however, as participants the city must: • Promote the program to the local media with mutually approved
communications • Promote the program through various city venues or communications to the residents using the City’s standard communications vehicles. All communications must be reviewed
and approved by NLC and CVS Caremark unless the City is using supplied communications. • Provide citywide ID card distribution points to distribution the template ID cards • Provide
a link to the co‐branded website ITEM K-1) RESOLUTION Prescription Disount Card Program Page 71 of 78
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Identify a person on the City staff to serve as the principal program contact with NLC and CVS Caremark Proposed
Action: Vice Mayor Barbara Watson recommends that the City Council adopt the attached resolution authorizing the City to enroll in the NLC Prescription Discount Card Program, and allow
the City Manager to take any and all actions to implement the program. Attachment: Attachment A: NLC Prescription Discount Card Program Flyer Page 72 of 78
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO CO-SPONSOR THE NATIONAL LEAGUE OF CITIES PRESCRIPTION DISCOUNT CARD
PROGRAM; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER FOR THE CITY TO BECOME A SPONSOR OF THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. WHEREAS, the National League of Cities has launched a new program for member cities to assist residents with the high costs of prescription drugs, and 1 2 3 4 5 6
7 8 9 10 11 12 13 14 15 16 17 WHEREAS, participating cities are able to offer savings on prescription drugs for residents who do not have health insurance, a traditional pharmacy benefit
plan, or whose prescriptions are not covered by insurance, and WHEREAS, the National League of Cities Prescription Discount Card Program is in collaboration with CVS Caremark, and participants
in the Program can save an average of twenty percent (20%) off the full retail costs of of prescription medication, and WHEREAS, residents who participate in the program will not be
charged a fee and there are no limits on the Program, and WHEREAS, the City of Miami Gardens agrees to promote the Program through local media and through various means of communication,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby
ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Page 73 of 78
Section 2. CO-SPONSORSHIP: The City Council of the City of Miami Gardens hereby authorizes the City, in coordination with the National League of Cities, to co-sponsor the National League
of Cities Prescription Discount Card Program. The City Council further authorizes the City Manager to take any and all steps necessary in order for the City of Miami Gardens to co-sponsor
the Prescription Discount Card Program. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 3. EFFECTIVE DATE: This Resolution shall
take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 10, 2009. _________________________________
SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: VICE MAYOR BARBARA
WATSON MOVED BY:_____________________ VOTE: _____ 49 Mayor Shirley Gibson (Yes) ___(No) 50 Vice Mayor Barbara Watson (Yes) ___(No) 51 Councilman Melvin L. Bratton (Yes) ___(No) 52 Councilman
Aaron Campbell (Yes) ___(No) 53 Councilman Oliver Gilbert, III (Yes) ___(No) Page 74 of 78
54 Councilwoman Sharon Pritchett (Yes) ___(No) 55 Councilman André Williams (Yes) ___(No) 56 57 58 SKD/teh 8494918_1.DOC Page 75 of 78
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