HomeMy WebLinkAboutMay 27, 2009 Council Agenda
Regular City Council Agenda May 27, 2009 Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: May 27, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida
33169 Next Regular Meeting Date: June 8, 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 13, 2009 (E) ORDER OF BUSINESS (Items to be pulled
from Consent Agenda at this time) Page 1 of 225
Regular City Council Agenda May 27, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Mayor Shirley Gibson – Rwandan Sister City F-2) Councilman André Williams – Danielle Blake
re: Neighborhood Stabilization Program (NSP) Options to Leverage More Housing F-3) Councilman André Williams – Debbie Kleinberg, Executive Director, North Miami Foundation For Senior
Citizens, Inc. F-4) Councilwoman Pritchett – Evan B. Forde, Oceanographer F-5) Daniel Rosemond, Assistant City Manager – Neighborhood Stabilization Program F-6) April 2009 Budget Status
Report (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, CREATING THE CITY OF MIAMI GARDENS CARIBBEAN AFFAIRS COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES AND
POWERS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) (1st Reading – May 13, 2009) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI GARDENS
DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN
SHARON PRITCHETT) (1st Reading – May 13, 2009) (J) CONSENT AGENDA Page 2 of 225
Regular City Council Agenda May 27, 2009 Page 3 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO DON REID FORD IN THE AMOUNT OF ONE HUNDRED
FIFTY SEVEN THOUSAND, FIVE HUNDRED NINETY THREE DOLLARS ($157,593.00) FOR THE PURCHASE OF CITY VEHICLES ALONG WITH EXTENDED WARRANTIES AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE
ORDER FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, APPROVING A 2010 JAZZ IN THE GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL CONTRACTS AS MAY BE NECESSARY AND APPROPRIATE FOR THE
PRODUCTION OF THE FIFTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE HELD IN MARCH 2010; PROVIDING FOR A WAIVER OF BID PROCEDURES FOR PURCHASES MADE IN CONNECTION WITH THE EVENT; AUTHORIZING
THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR
SHIRLEY GIBSON) J-3) 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
SECOND AMENDMENT TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT SUPPLEMENTAL DISASTER RECOVERY INITIATIVE GOVERNMENTAL CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT
A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-4) A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE MIAMI-DADE COUNTY
TRANSIT AGENCY RELATING TO THE AMERICAN RECOVERY AND REINVESTMENT ACT TRANSIT STIMULUS PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE Page 3 of 225
Regular City Council Agenda May 27, 2009 Page 4 ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO NEGOTIATE AND EXECUTE A FEE AGREEMENT WITH JOHNSON, ANSELMO,
MURDOCH, BURKE, PIPER & HOCHMAN, P.A., FOR LEGAL SERVICES IN CONNECTION WITH THE MIAMI METRO MEDIA V. CITY OF MIAMI GARDENS LITIGATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) (K) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING THE 2009/2010 FEDERAL LEGISLATIVE PROGRAM FOR THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS IN SUBSTANTIAL FORM WITH DIAMOND POINT AT MIAMI
GARDENS, LLC, FOR AN AMOUNT NOT TO EXCEED ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, FIVE HUNDRED TWENTYNINE DOLLARS AND 70/100 ($1,716,529.70) AND ABSOLUTE DEMOLITION, INC., IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) FOR REHABILITATION AND DEMOLITION SERVICES OF CERTAIN PROPERTY IN ACCORDANCE WITH THE CITY’S NEIGHBORHOOD STABILIZATION
PLAN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-3) 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 SUB-RECIPIENT AGREEMENT WITH PARTNERS FOR SELF EMPLOYMENT Page 4 of 225
Regular City Council Agenda May 27, 2009 Page 5 FOR THE PROVISION OF FINANCIAL LITERACY TRAINING, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S)/PUBLIC HEARING(S) L-1) A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A SUBSTANTIAL AMENDMENT TO THE CITY OF MIAMI GARDENS’ COMMUNITY DEVELOPMENT BLOCK GRANT THIRD PROGRAM YEAR ANNUAL ACTION PLAN; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager’s Monthly Report
(N) REPORTS OF MAYOR AND COUNCIL MEMBERS (O) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (P) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES
ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK
(305) 622-8000 EXT./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 5 of 225
Rwanda American Chamber of Trade, Investments & Research, Miami Gardens (Hialeah), FL 33056 P.O BOX 4902 Phone: 954-554-0617 Fax: 305-622-8818 Email: rwandaamericanchamber@yahoo.com
www. Rwandaamericanchamber.org Attention to: Julie-Ann Smith Assistant to the Mayor/Council City of Miami Gardens 1515 NW 167th Street, Ste 200 Miami Gardens, FL 33169 O. 305-622-8010
F. 305-622-8322 Re: intention to proposal and establish a first Black American sister city of Miami Gardens to an African Sister City in the country of Rwanda, the country located in
East and Central African Region. Why Rwandan Sister City? We understand that the concept of sister city development is not knew in the diplomatic relations, and this concept is well
known in other areas of country relations promotions in the areas of research, trade and development at large. Rwanda American chamber for trade, investments and research is therefore,
pleased to have been granted the opportunity by the Authority of Miami Gardens to present the proposal of establishing the same concept. Since the inception of Rwanda American Chamber
of commerce, our core objectives have been of bridging the traditional information gaps that have existed time memorial between some African countries like Rwanda to the United States.
These gaps have existed predominately for “political reasons” but not limited too, or the other reasons, which have in one way or the other caused both negative and positive impacts
both domestically and internationally. Rwanda American chamber was strategically incorporated to progressively reduce the above mentioned historical phenomenal with the absolute aim
of promoting social economic development modal between Florida and Rwanda but not limited too, one of the chamber’s areas of interest was to establish a sister city relation between
a Rwandan city to any city in the United States initially. We are privileged and thank Hon. Mayor Gibson and her assistant that have offered us this opportunity to present our interest
of establishing a sister city city relations between Rwanda and the city of Miami Gardens. Miami Gardens city municipality, a city that is occupied by majority blacks, will not miss
a point by taking an affirmative action of establishing sister city relationship with a Rwandan city. This will open opportunities to citizens of both localities to exchange ideas in
areas of education, research for trade and investments. Its appropriate timing for the Black dominated Miami Gardens city to lens the opportunities that the new dawn of the Country of
Rwanda uniquely posses. ITEM F-1) PRESENTATION Rawandan Sister City Page 6 of 225
Rwanda American Chamber of Trade, Investments & Research, Miami Gardens (Hialeah), FL 33056 P.O BOX 4902 Phone: 954-554-0617 Fax: 305-622-8818 Email: rwandaamericanchamber@yahoo.com
www. Rwandaamericanchamber.org One of the most stable and peaceful on the continent of Africa, in areas of democratic good governance, promotion of women in all key positions of government,
for the example the women speaker of parliament, chief justices of the supreme court of Rwanda, corruption control, affording universal education to all. The last but not least is the
policy position strategy by Rwandan government of applying the economic principle, the comparative advantage of doing what you can do better based on a number of factors includes resources,
locations as well global trends. Rwandan government has applied nothing other than promoting information communication technology countrywide. Sincerely, Charles Sebson Kasaana Executive
Director/Founder Page 7 of 225
F-6) PRESENTATION April 2009 Budget Status Report Page 8 of 225
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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: May 27, 2009 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 Councilwoman Sharon Pritchett Department: Mayor/Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING
THE CITY OF MIAMI GARDENS CARIBBEAN AFFAIRS COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES AND POWERS; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The
City of Miami Gardens is a municipality with a large community of residents that represent the nations of the African Diaspora, especially the countries of the Caribbean. In an effort
to preserve and enhance the Caribbean culture within the city, and to promote greater appreciation and awareness if the Caribbean culture amongst the population of the city. Councilwoman
Sharon Pritchett is proposing the creation of the Caribbean Affairs Committee. The duties of the Committee are as follows: 1. To develop and adopt, by majority vote, Bylaws, which shall
be approved by the City Council; 2. To carry out the purposes of the Committee, as outlined in the Bylaws; 3. To keep the City Council informed of issues that affect the City’s Caribbean
community; 4. To preserve and enhance the Caribbean culture within the city, and to promote greater appreciation and awareness of the Caribbean culture amongst the population of the
City. ITEM I-1) ORDINANCE SECOND READING Caribbean Affairs Committee Page 49 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 5. To give advice to the City Council with respect to issues that affects the Caribbean community; 6. To recommend
to the City Council, social and cultural activities with a Caribbean focus and to assist with the implementation of those activities at the direction of the City Council; and 7. To associate
with other governmental or private entities that are involved in activities or programs geared towards highlighting the Caribbean. The board will consist of seven (7) members, each appointed
by a member of the City Council. In order that the terms of office of all members of the Committee shall not expire at the same time, the initial appointees of the Mayor and the Council
Members serving in at‐large seats, shall serve three (3) years terms. The appointees of the Council Members serving in seats 1, 2, 3, and 4, shall serve two (2) year terms. Thereafter,
all members shall serve for a period of three years, or until a successor is appointed, whichever occurs later. Proposed Action: Councilwoman Sharon Pritchett recommends the adoption
of the attached ordinance formally creating the Caribbean Affairs Committee Attachment: None Page 50 of 225
ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI GARDENS CARIBBEAN AFFAIRS COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING
FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR DUTIES AND POWERS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 WHEREAS, the City Council of the City of Miami gardens would like to create the Miami
Gardens Caribbean Affairs Committee, and WHEREAS, the mission of the Caribbean Affairs Committee would be to advise and make recommendations to the City Council on issues relating to
the Caribbean and persons of Caribbean descent, 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. CREATION OF ORDINANCE: The City
Council of the City of Miami Gardens hereby creates an Ordinance to be entitled the City of Miami Gardens Miami Gardens Caribbean Affairs Committee. 14 15 16 17 18 Miami Gardens Miami
Gardens Caribbean Affairs Committee. CREATED; COMPOSITION. There is hereby created a City of Miami Gardens Caribbean Affairs Committee. The Committee shall consist of seven (7) members.
Page 51 of 225
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 49 50 51 52 53 54 55 56 57 58 (b) Appointment and terms of members. The Mayor and each member
of the City Council shall appoint one (1) member to the Committee. (c) Terms of office. In order that the terms of office of all members of the Committee shall not expire at the same
time, the initial appointees of the Mayor and the Council Members serving in at-large seats, shall serve three (3) years terms. The appointees of the Council Members serving in seats
1, 2, 3, and 4, shall serve two (2) year terms. Thereafter, all members shall serve for a period of three years, or until a successor is appointed, whichever occurs later. (d) Duties
and Powers of the Miami Gardens Miami Gardens Caribbean Affairs Committee. The powers and duties of the Committee shall include, but not be limited to, the following duties, functions,
powers and responsibilities: 1. To develop and adopt, by majority vote, Bylaws, which shall be approved by the City Council; 2. To carry out the purposes of the Committee, as outlined
in the Bylaws; 3. To keep the City Council informed of issues that affect the City’s Caribbean community; 4. To preserve and enhance the Caribbean culture within the city, and to promote
greater appreciation and awareness of the Caribbean culture amongst the population of the City. 5. To give advice to the City Council with respect to issues that affect the Caribbean
community; 6. To recommend to the City Council, social and cultural activities with a Caribbean focus and to assist with the implementation of those activities at the direction of the
City Council; (e) Meetings: Members of the Committee shall meet no less than eight (8) times per year. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed. SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct Page 52 of 225
59 60 61 62 63 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 and independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance. SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and
be made a part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed
to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof
or the provisions contemplated thereby shall not be codified. SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING
ON THE 13TH DAY OF MAY 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS 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 Page 53 of 225
90 91 92 93 94 95 SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT MOVED BY:_____________________ SECONDED BY: _________________ VOTE: _____ 96 Mayor Shirley Gibson (Yes) ___(No) 97 Vice
Mayor Barbara Watson (Yes) ___(No) 98 Councilman Melvin L. Bratton (Yes) ___(No) 99 Councilman Aaron Campbell Jr. (Yes) ___(No) 100 Councilwoman Sharon Pritchett (Yes) ___(No) 101 Councilman
André Williams (Yes) ___(No) 102 Councilman Oliver Gilbert III (Yes) ___(No) 103 104 105 SKD/yt Page 54 of 225
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: 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 Councilwoman Sharon Pritchett Department: Mayor/Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING
THE CITY OF MIAMI GARDENS DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff
Summary: The Dr. Martin Luther King, Jr. Holiday Steering Committee was originally established on February 11, 2004 by Resolution No. 2004‐29‐80. Since that time, the City Council has
established all other Advisory Boards and Commissions by ordinance. In an effort to ensure that the creation of the Dr. Martin Luther King, Jr. (MLK) Holiday Steering Committee is consistent
with the adoption of all other Advisory Board and Commissions that exist in the City, Councilwoman Sharon Pritchett is proposing the attached ordinance creating the MLK Holiday Steering
Committee, providing for the board’s composition, appointment of members, terms of office, and purpose. Proposed Action: Councilwoman Sharon Pritchett recommends the adoption of the
attached ordinance formally creating the Dr. Martin Luther King, Jr. Holiday Steering Committee. ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING MLK Holiday Steering Committee Page
55 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Attachment A: Resolution No. 2004‐78‐129 Attachment B: Resolution No. 2004‐29‐80 Page 56 of 225
ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE CITY OF MIAMI GARDENS DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE;
PROVIDING FOR MEMBERSHIP; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR ORGANIZATION; PROVIDING FOR RESPONSIBILITIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council created the Dr. Martin Luther King, Jr., Holiday
Steering Committee (“MLK Committee”) by virtue of resolution 2004-78-129, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, the City Council would like to codify the creation of the MLK
Committee, WHEREAS, the mission of the MLK Committee will be to organizing events for the MLK holiday celebration, 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 are hereby ratified and confirmed as being true, and the same are hereby made
a specific part of this Ordinance. SECTION 2. CREATION OF ORDINANCE: The City Council of the City of Miami Gardens hereby creates an Ordinance to be entitled the City of Miami Gardens
Miami Gardens Dr. Martin Luther King, Jr. Holiday Steering Committee. 15 Miami Gardens Dr. Martin Luther King, Jr. Holiday Steering Committee. Page 57 of 225
CREATED; COMPOSITION. There is hereby created a City of Miami Gardens Martin Luther King, Jr. Holiday Steering Committee. The Committee shall consist of seven (7) members. 16 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 (b) Appointment and terms of members. The Mayor and each member of the City Council shall appoint one (1) member
to the Committee. (c) Terms of office. The Committee shall continue in its current form and all future appointments shall be in accordance with Ordinance No. 2007-17-123. (d) Purpose
of the Committee. Upon adoption of a Resolution by the City Council approving MLK holiday events, the Committee shall act in an advisory capacity for the coordination of the events.
(e) All provisions of Ordinance No. 2005-02-40, as amended, not in conflict herewith, shall apply to the MLK Committee. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict
herewith are hereby repealed. SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions
of this Ordinance. SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a
part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter,"
"Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions
contemplated thereby shall not be codified. Page 58 of 225
SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71
PASSED ON FIRST READING ON THE 13TH DAY OF MAY 2009. 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, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ.
City Attorney SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT MOVED BY:_____________________ VOTE: _____ 72 Mayor Shirley Gibson (Yes) ___(No) 73 Vice Mayor Barbara Watson (Yes) ___(No)
74 Councilman Melvin L. Bratton (Yes) ___(No) 75 Councilman Aaron Campbell (Yes) ___(No) 76 Councilwoman Sharon Pritchett (Yes) ___(No) 77 Councilman André Williams (Yes) ___(No) 78
Councilman Oliver Gilbert, III (Yes) ___(No) 79 80 81 SKD/yt Page 59 of 225
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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: 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 Funding Source:
Fleet Services Equipment Bond Advertising Requirement: (Enter X in box) Yes No X Contract/P.O.
Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X ITB#0809024 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, AWARDING A BID TO DON REID FORD IN THE AMOUNT OF ONE HUNDRED FIFTY SEVEN THOUSAND, FIVE HUNDRED NINITY THREE DOLLARS ($157,593.00) FOR THE PURCHASE
OF CITY VEHICLES ALONG WITH EXTENDED WARRANTIES AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. Staff Summary: The City Council authorized bond financing in the amount of $2 million for the purchase of additional vehicles and equipment in January 2009, in order
to enhance the general citywide operations. Vehicles that were approved as part of the Fiscal Year 2009 budget are: • Public Works Department One (1) 2009 Ford F‐450 1.5 ton Crew Cab
Dump Truck One (1) 2009 Ford F‐150 4x2 Truck One (1) 2009 Ford F‐150 Crew Cab 4x2 Truck One (1) 2009 F‐250 ¾ ton Crew Cab Truck • Parks and Recreation Department Two (2) 2009 Ford E‐350
Club Wagons ITEM J-1) CONSENT AGENDA RESOLUTION Awarding a bid to Don Reid Ford Page 64 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 One (1) 2009 Ford F‐250 ¾ ton Utility Truck • Fleet Services Division One (1)2009 Ford F‐150 4x2 Truck • Information
Technology y Department One (1) 2009 Ford Explorer 4x2 Of the nine (9) of budgeted vehicles listed above, only the purchase of six (6) are being presented to Council for approval for
purchase. The remaining three (3) vehicles were purchased under the City Manager’s authority, from the lowest responsible responsive bidders: • Tropical Ford, Orlando Two (2) 2009 Ford
F‐150 4x2 Trucks • Prestige Ford, Mount Dora One (1) 2009 Ford F‐250 ¾ ton Utility Truck Bid #08‐09‐024 was advertised on February 26, 2009. A broadcast notice was sent to 274 vendors.
Thirty vendors requested bid packages. The bids were opened on April 9, 2009. Six bids were received and publicity read. A copy of the bid document and submittals are available at the
Assistant to the Mayor and Council’s office for review. Staff is recommending award for the purchase of six vehicles in the amount of $157,593, to the lowest responsible responsive bidder
Don Reid Ford. The tabulation sheet is attached as Exhibit “A”. Proposed Action: That the City Council authorize the City Manager to issue a purchase order to Don Reid Ford, located
in Maitland, Florida in the amount of $157,593.00, which includes the extended warranties, for six (6) vehicles which include; two (2) E‐350 Club Wagons, one (1) Ford F‐150 Crew Cab
4x2 Truck, one (1) Ford F‐250 ¾ ton Crew Cab Truck, one (1) Ford F‐450 1.5 ton Crew Cab Dump Truck and one (1) Ford Explorer 4x2. Attachment: Attachment A – Tabulation Price Sheet Page
65 of 225
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO DON REID FORD IN THE AMOUNT OF ONE HUNDRED FIFTY SEVEN THOUSAND, FIVE HUNDRED
NINITY THREE DOLLARS ($157,593.00) FOR THE PURCHASE OF CITY VEHICLES ALONG WITH EXTENDED WARRANTIES AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, January 2009, the City Council authorized the issuance of a bond in the amount of Two Million Dollars ($2,000,000.00)
for the purchase of City vehicles, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, multiple departments within the City are in need of new vehicles, and WHEREAS, city staff prepared
specifications for the purchase and delivery of various vehicles, and WHEREAS, bids were publicly read on April 9, 2009, and WHEREAS, the City would like to award a bid to Don Reid Ford
for the purchase of two (2) E-350 Club Wagons, one (1) Ford F-150 Crew Cab 4x2 Trucks, one (1) Ford F-250 ¾ Ton Crew Cab Truck, one (1) Ford F-450 1.5 Ton Crew Cab Dump Truck and one
(1) Ford Explorer, and WHEREAS, Don Reid Ford was the low bidder for the referenced vehicles, 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 66 of 225
Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby awards a bid to Don Reid Ford in the amount of One Hundred Fifty Seven Thousand, Five Ninety Three Dollars($157,593.00)
for the purchase of two (2) E-350 Club Wagons, one (1) Ford F-150 Crew Cab 4x2 Trucks, one (1) Ford F-250 ¾ Ton Crew Cab Truck, one (1) Ford F-450 1.5 Ton Crew Cab Dump Truck and one
(1) Ford Explorer along with extended warranties and authorizes the City Manager to issue a purchase order for this purpose. 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 49 50 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 MAY 27, 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: _____ 51 Mayor Shirley Gibson (Yes) ___(No)
52 Vice Mayor Barbara Watson (Yes) ___(No) Page 67 of 225
53 Councilman Melvin L. Bratton (Yes) ___(No) 54 Councilman Aaron Campbell (Yes) ___(No) 55 Councilman Oliver Gilbert, III (Yes) ___(No) 56 Councilwoman Sharon Pritchett (Yes) ___(No)
57 Councilman André Williams (Yes) ___(No) 58 59 60 SKD/teh 8481326_1.DOC Page 68 of 225
City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet ITB#08-09-024 Purchase of 2009 Fleet Vehicles Vehicles
complete per specifications EST QTY Gus Machado Ford Tropical Ford Maroone Ford of Ft. Lauderdale Rechtien International Trucks Inc. Don Reid Ford Prestige Ford 2009 FORD E-350 CLUB
WAGON EXTENDED -4X2 2 ea $22,666.00 $22,067.00 $23,954.00 No Bid $22,975.00 $22,349.00 3.2 REQUIRED OPTIONS $3,210.00 $3,690.00 $3,290.00 No Bid Included $1,234.00 2009 FORD F-150 PICKUP
TRUCK -4X2 Base Vehicle 2 ea $14,100.00 $13,813.00 15,856.00 No Bid 17,761.00 $14,185.00 3.3 REQUIRED OPTIONS $4,726.00 $3,875.00 $4,321.00 No Bid Included $3,909.00 2009 FORD F-150
CREW CAB -4X2 Base Vehicle 2 ea $20,506.00 $20,184.00 $22,409.00 No Bid 22,497.00 $20,545.00 3.4 REQUIRED OPTIONS $3,970.00 $3,195.00 $4,321.00 No Bid Included $3,324.00 2009 FORD F-250
3/4 TON UTILITY PICKUP TRUCK 1 ea $16,884.00 $20,023.00 $17,677.00 No Bid 23,870.00 $16,868.00 3.5 REQUIRED OPTIONS $8,280.00 $4,440.00 $8,740.00 No Bid Included $3,739.00 2009 FORD
F-250 3/4 TON CREW CAB Base Vehicle 1 ea $19,111.00 $19,190.00 $20,636.00 No Bid 22,591.00 $19,264.00 3.6 REQUIRED OPTIONS $4,646.00 $3,625.00 $4,406.00 No Bid Included $3,884.00 2009
FORD F450 1.5 TON CREW CAB DUMP TRUCK DUAL REAR WHEEL 4X2 1 ea $No Bid $32,132.00 $33,950.00 $63,096.28 46,560.00 $32,449.00 3.7 REQUIRED OPTIONS $No Bid $14,690.00 $14,862.00 Included
Included $14,761.00 2009 Ford Explorer 4 X2 1 ea $19,586.00 $19,401.00 $19,986.00 No Bid 19,995.00 $19,787.00 3.8 REQUIRED OPTIONS $1,135.00 $815.00 $1,335.00 No Bid Included $865.00
This is only a tabulation of prices submitted and is not an indication of award or responsiveness Page 69 of 225
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 Funding Source:
General FundMedia & Events Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: NA X Sponsor Name Mayor Shirley Gibson Department:
Media & Special Events Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A 2010 JAZZ IN THE GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ALL CONTRACTS AS MAY BE NECESSARY AND APPROPRIATE FOR THE PRODUCTION OF THE FIFTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE HELD IN MARCH 2010; PROVIDING FOR A WAIVER
OF BID PROCEDURES FOR PURCHASES MADE IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City conducted its Fourth Annual Jazz in the Gardens event on March 28th and 29th at Dolphin Stadium. This
event is not just a concert; it is a high‐class event that showcases Miami Gardens, its people, cultures, and businesses. This year there were approximately 36,000 attendees over this
twoday weekend event, a significant increase from the 16,000 in 2008. In the last two years Jazz in the Gardens has become the primer Spring event in the southeastern region and based
on the overwhelming response received this year, we believe Jazz in the Gardens is poised to ITEM J-2) CONSENT AGENDA RESOLUTION 2010 Jazz in the Gardens Event Page 70 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 become a primer national event. To capitalize on this momentum staff has begun planning for the 2010 event. Negotiations
are underway to host the Fifth Annual Jazz in the Gardens event at Dolphin Stadium on March 20‐21, 2010. Early planning is essential to securing national sponsorship and premier talent.
To that end, three firms were researched and have been requested to submit proposals for consideration to provide production services for the Fifth Annual Jazz in the Gardens. Their
written proposals are due on May 29th and oral presentations are scheduled for June 5th. It is staff’s goal to have a production contract executed by June 19th. Selected contractor(s)
would be responsible for coordinating all the necessary services (stage, light, sound, talent, printing, etc) on the City's behalf. We anticipate that performing artists, advertising,
marketing and expenditures in several areas will exceed the City Manager's authority as prescribed under the city’s Purchasing Ordinance. If staff is required to bring each of these
matters back to Council for approval, we would have difficulty negotiating the various agreements for these services in a timely manner. As such, we request authorization to allow the
City Manager to exceed his purchasing authority, as it relates to the expenditures for the 2010 Jazz in the Gardens event. Proposed Action: We recommended that City Council authorizes
the City Manager to negotiate and execute contracts as may be necessary and appropriate for the production of the Fifth Annual Jazz in the Gardens in March 2010; allowing a waiver of
bid procedures, for purchases made in connection with the event, and authorizes the City Manger to exceed his purchasing authority, as may be necessary. Attachment: Attachment A – 2009
Jazz in the Gardens Budget Page 71 of 225
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A 2010 JAZZ IN THE GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE ALL CONTRACTS AS MAY BE NECESSARY AND APPROPRIATE FOR THE PRODUCTION OF THE FIFTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE HELD IN MARCH 2010; PROVIDING FOR A WAIVER OF BID PROCEDURES
FOR PURCHASES MADE IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens recently celebrated its Fourth Annual Jazz in the Gardens event on March 28th and 29th at Dolphin Stadium, and 1 2 3 4
5 6 7 8 9 10 11 12 13 14 15 WHEREAS, the event attracted over 36,000 attendees over a two-day weekend, signifying a large increase from the 16,000 who attended the event in 2008, and
WHEREAS, Jazz in the Gardens has become a premier Spring event in the Southeast region of of the United States, and WHEREAS, it has brought national attention to the City of Miami Gardens,
and WHEREAS, it is anticipated that the City will host a Fifth Annual Jazz in the Gardens event in 2010, and as such it is necessary to immediately commence preparing for the event,
and WHEREAS, as in past years, City staff is requesting that the City Council provide any and all necessary authority to the City Manager to commence preparing for the Fifth Annual Jazz
in the Gardens event, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 72 of 225
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.
16 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 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager to negotiate and execute all contracts as may be necessary and appropriate for the production of the Fifth Annual Jazz in the Gardens event; providing for the waiver
of bid procedures for purchases made in connection with the event; and authorizing the City Manager to exceed his purchasing authority as may be necessary for the event. 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 MAY 27,
2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City
Attorney SPONSORED BY: SHIRLEY GIBSON, MAYOR MOVED BY:_____________________ Page 73 of 225
49 VOTE: _____ 50 51 Mayor Shirley Gibson (Yes) ___(No) 52 Vice Mayor Barbara Watson (Yes) ___(No) 53 Councilman Melvin L. Bratton (Yes) ___(No) 54 Councilman Aaron Campbell (Yes) ___(No)
55 Councilman Oliver Gilbert, III (Yes) ___(No) 56 Councilwoman Sharon Pritchett (Yes) ___(No) 57 Councilman André Williams (Yes) ___(No) 58 59 60 SKD/teh 8479726_1.DOC Page 74 of 225
Page 75 of 225
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 Funding Source:
(Enter Fund & Dept) CDB DadG (thru ami e OCED) Mi Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name
Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN SECOND AMENDMENT TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT SUPPLEMENTAL DISASTER RECOVERY INITIATIVE GOVERNMENTAL
CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN
EFFECTIVE DATE. Staff Summary: Background Community Development Block Grant (CDBG) Disaster Recovery funding was made available to the State of Florida by the U.S. Department of Housing
and Urban Development, pursuant to the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act. Florida received $82,904,000 which is being administered
by the state’s Department of Community Affairs (DCA). The DCA entered into a sub‐recipient agreement with 16 counties affected by the 2005 disasters. ITEM J-3 CONSENT AGENDA RESOLUTION
Disaster Recovery Initiative Governmental Contract Page 76 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 As a recipient, Miami‐Dade County held a competitive application process to allocate the funds that they received.
Through this process, the City of Miami Gardens was awarded $375,000. During the course of the contract period, the County determined that the City of Miami Gardens was effectively running
its program and efficiently spending the allocated funds, as compared to other municipalities. It was recommended that the City submit a formal request for additional funds. Upon receipt
and review of the City’s funding request, the County awarded Miami Gardens with an additional $700,000 of Disaster Recovery Funds that were recaptured from underperforming municipalities.
This brought the total of the first round of Disaster Recovery Program Funds received by the City of Miami Gardens to be $1,075,000. The resolution accepting the initial allocation of
$375,000 was approved by City Council on May 23, 2007 (Resolution No. 2007‐85‐592) and the resolution amending the contract and accepting the additional funding allocation of $700,000
was approved by City Council on July 23, 2008 (Resolution No. 2008‐144‐ 831). Current Situation The contract period between the City of Miami Gardens and the Miami‐Dade County Office
of Community and Economic Development was from January 1, 2007 thru December 31, 2008. City staff worked diligently to open the application cycle and identify eligible property owners.
By the contract expiration date, all program funds had been committed (including the additional $700k) to a total of forty five (45) households. However, not all of the funds were expended
by the deadline. For this reason, we requested a contract extension to allow time for the projects to be completed. To date, a total of forty two (42) projects have been completed and
$986,452.97 expended. We expect to have the three (3) remaining projects completed within the next thirty (30) days. The attached resolution requests authorization for the City Manager
to to execute a second amendment to the 2005 Disaster Recovery Program Agreement between the City and Miami Dade County. Proposed Action: Staff recommends City Council approval of the
attached resolution amending the 2005 Disaster Recovery Program agreement between Miami‐Dade County and the City of Miami Gardens, extending the contract expiration date from December
31, 2008 to December 31, 2009. Attachment: Attachment A: Amendment Two (2) to the FY 2005 Community Development Block Grant Supplemental Disaster Recovery Initiative Governmental Contract
Page 77 of 225
RESOLUTION No. 2009-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
SECOND AMENDMENT TO THE FISCAL YEAR 2005 COMMUNITY DEVELOPMENT BLOCK GRANT SUPPLEMENTAL DISASTER RECOVERY INITIATIVE GOVERNMENTAL CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT
A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, Community Development Block Grant (“CDBG”) Disaster
Recovery funding was made available to the State of Florida by the U.S. Department of Housing and Urban Development in accordance with the Military Construction Appropriations and Emergency
Hurricane Supplemental Appropriations Act, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, Florida received Eighty-Two Million, Nine Hundred Four Thousand Dollars ($82,904,000.00) through
the Program, and WHEREAS, Miami-Dade County, the Administrator of the Program held a competitive application process to allocate the funds that they received, and the City of Miami Gardens
was awarded Three Hundred Seventy-Five Thousand Dollars ($375,000.00), and WHEREAS, during the course of the City’s Program, the County has determined that the City is running an efficient
Program and would like to allocate additional funding in the amount of Seven Hundred Thousand Dollars ($700,000.00) in disaster recovery funds to the City of Miami Gardens for a total
of One Million, Seventy-five Thousand Dollars ($1,075,000.00), and Page 78 of 225
WHEREAS, City Council would like to authorize the City Manager to execute a Second Amendment to the Fiscal Year 2005 Disaster Recovery Program Agreement with Miami-Dade County, 16 17
18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 Clerk to execute and attest, respectively, that certain Second Amendment to the Fiscal Year
2005 Community Development Block Grant Supplemental Disaster Recovery Initiative Governmental Contract, 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 Agreement, with one to be maintained by the City; with one to be delivered to
Miami-Dade County; 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 MAY 27, 2009. Page 79 of 225
41 _________________________________ 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 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: _____ 59 Mayor Shirley Gibson (Yes) ___(No) 60 Vice
Mayor Barbara Watson (Yes) ___(No) 61 Councilman Melvin L. Bratton (Yes) ___(No) 62 Councilman Aaron Campbell (Yes) ___(No) 63 Councilman Oliver Gilbert, III (Yes) ___(No) 64 Councilwoman
Sharon Pritchett (Yes) ___(No) 65 Councilman André Williams (Yes) ___(No) 66 67 68 SKD/teh 8481233_1.DOC Page 80 of 225
1 AMENDMENT TWO TO THE FY 2005 COMMUNITY DEVELOPMENT BLOCK GRANT Supplemental Disaster Recovery Initiative GOVERNMENTAL CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI GARDENS
This contract entered into between Miami-Dade County, hereinafter referred to as the "County” and The City of Miami Gardens, a municipal government, hereinafter referred to as the "Awardee"
executed on June 15, 2007, is amended as follows: Paragraph IV. The Awardee and OCED Agree: A. Effective Date 1. This contract began on January 1, 2007. Any costs incurred by the Awardee
prior to this date will not be reimbursed by the County. 2. This contract shall now expire on December 31, 2009. Any costs incurred by the Awardee beyond this date will not be reimbursed
by the County. The term of this agreement and the provisions herein may be extended by the County to cover any additional time period during which the Awardee remains in control of the
CDBG funds or other assets, including Program Income to support CDBG eligible activities. Any extension made pursuant to this paragraph shall be accomplished by writing by the County
to the Awardee. Such notice shall automatically become a part of this contract. 3. This contract may, at the sole and absolute discretion of the County and OCED, remain in effect during
any period that the Awardee has control over contract funds, including Program Income. However, the County shall have no obligation or responsibility to make any payment, except those
described within Section II, Paragraph Y, or provide any type of assistance or support to the Awardee if this contract has expired or been terminated. The effective date for this amendment
is December 31, 2008. Except for any changes enumerated above, all provisions of the contract shall remain in fill force and effect. This Amendment and all its attachments are hereby
made a part of the Agreement. Page 81 of 225
2 IN WITNESS THEREOF, the parties agree to the mutual covenants herein contained and have caused this two (2) page Amendment to the Contract to be executed on their behalf this day of
2009. AWARDEE: MIAMI-DADE COUNTY THE CITY OF MIAMI GARDENS BY: BY: NAME: Danny O. Crew NAME: TITLE: City Manager, City of Miami Gardens TITLE: Department Director DATE: DATE: ________________________
_____ Witnesses: BY: (Signature) Type or Print Name Federal ID Number: 11-3695944 Index Code: CDSRI007HS Contractor's Fiscal Year Ending Date: CORPORATE SEAL: AMENDMENT IS NOT VALID
UNTIL SIGNED AND DATED BY BOTH PARTIES Page 82 of 225
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) Transit Stimulus Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name City Manager
Department: (Enter Department) 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 INTERLOCAL AGREEMENT WITH MIAMI DADE TRANSIT AGENCY, RELATING TO AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) TRANSIT STIMULUS PROGRAM; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The “American Recovery and Reinvestment Act, 2009” [Pub. L. 111‐5; “ARRA”), signed into law by President Barack
Obama on February 17, 2009, includes $8.4 billion for transit capital improvements. This law implements the transit formula program related provisions of the ARRA and provides program
and grant application requirements for these funds, to be made available through Federal Transit Administration (FTA) assistance programs (49 U.S.C 5307). These funds will be administered
by Miami Dade County Transit. This 5307 program makes Federal resources available to urbanized areas and to Governors for transit capital and operating assistance in urbanized areas
and for transportation related planning. An urbanized area is an incorporated area with a population of 50,000 or more that is designated as such by the U.S. Department of Commerce,
Bureau of the Census. The FTA’s transit total funds for Miami Dade County under the 5307 allocation are $66,531,274. The City’s portion per the population is $1,117,692.92 less 5% administrative
fee to the County ($55,884.65) for a total of $1,061,808.27. The eligible purposes for this program include planning, engineering design ITEM J-4) CONSENT AGENDA RESOLUTION Agreement
with MDT Page 83 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 and evaluation of transit projects and other technical transportation‐related studies; capital investments in bus
and bus‐related activities. Since Miami Dade County Transit is administering this portion of the ARRA, they are requesting an Interlocal agreement for the purpose coordinating the transit
projects to include the installation and maintenance of these new bus shelters. Staff identified areas to use these funds: A. Bus Shelters (37): $854,033 1. This project involves purchasing
and installation of 46 new bus shelters. Locations are being identified and cross checked with ridership information. 2. Bus stops shelters are needed to protect the passengers from
the high heat and rain conditions. Solar lighting will provide light inside the shelter for better night visibility waiting for the bus. B. Sidewalk to Bus Shelters and Stops: $100,800
1. This project involves the installation of sidewalks to the bus stops throughout the City due to many bus stops/shelters that are in grassy and uneven terrain which makes it extremely
difficult for pedestrians to walk; therefore, the pedestrians use the street to walk to the bus stops. C. ADA Pads and Access to Street: $25,000 1. This project involves the installation
of ADA pads and accessibility at the existing bus stops. Concrete pads are necessary to
allow the wheelchair passengers to board and/or disembark from a transit vehicle. The City needs to provide Minimum ADA Standards for Bus Boarding and Alighting Area. ADA requires that
new and modified transit stops must provide a “safe accessible route to the transit stop.” The safe accessible route requires crosswalks, curbcuts, and sidewalks with controlled grades
and cross slopes. D. Trash Receptacles: $40,125 1. The City of Miami Gardens has been fighting litter control since it was incorporated in 2003. Trash receptacles can improve the appearance
of a bus stop by providing a place to dispose of trash. This project involves the installation of trash receptacles at existing and new bus stops/shelters to assist with litter control
throughout the City. E. Bus Benches: $41,850 1. Since the City incorporated in 2003, the City has installed benches throughout the community at many bus stops; however, there are more
bus stop locations that do not have benches. Benches provide comfort for patrons while they wait for the bus. Currently, the Public Works Department has a crew of two (2) disposing of
the trash receptacles throughout the City. With this project, the increase of work to dispose of trash receptacle can be shared with the three correction crews as they pick up litter
by the these trash receptacles throughout the main corridors; therefore, staff believes that there will be no need for extra personnel at this time. Recommendation: It is recommended
that the City Council approve the Interlocal Agreement with Miami Dade County Transit Agency relating to the American Recovery and Reinvestment Act (ARRA) Transit Stimulus Program. Page
84 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Exhibit A: Miami Dade County Transit Agency Interlocal Agreement. Page 85 of 225
RESOLUTION No. 2009-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
AGREEMENT WITH THE MIAMI-DADE COUNTY TRANSIT AGENCY RELATING TO THE AMERICAN RECOVERY AND REINVESTMENT ACT TRANSIT STIMULUS PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the American Recovery and Reinvestment Act (“ARRA”),
which was signed into law by President Barack Obama on February 17, 2009, includes a provision of Eight Billion, Four Hundred Million Dollars ($8,400,000,000.00) for transit capital
improvements, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, funds received through the Federal Transit Administration Assistance Programs are to be administered by Miami-Dade County
Transit, and WHEREAS, the City of Miami Gardens is entitled to an allocation of One Million, One Hundred Seventeen Thousand, Six Hundred Ninety-Two Dollars and 92/100 ($1,117,692.92)
under the Program minus a five percent (5%) administrative fee to be paid to the County for a total of One Million, Sixty-One Thousand, Eight Hundred Eight Dollars and 27/100 ($1,061,808.27),
and WHEREAS, funds from this Program can be used for planning, engineering design and evaluation of transit projects as well as other technical transportation related studies, capital
investments and bus-related activities, and WHEREAS, it is being recommended that the City Council authorize the attached Inter-Local Agreement with the County, Page 86 of 225
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 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 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 authorize the City Manager and City Clerk to execute and attest, respectively, that certain Agreement with
the Miami-Dade County Transit Agency relating to the American Recovery and Reinvestment Act Transit Stimulus Program, 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 Agreement, with one to be maintained by the City; with one to be delivered
to the Miami-Dade County Transit Agency; 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 MAY 27, 2009. _________________________________ SHIRLEY GIBSON, MAYOR
ATTEST: Page 87 of 225
45 _________________________________ 46 47 48 49 50 51 52 53 54 55 56 RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW,
CITY MANAGER MOVED BY:_____________________ VOTE: _____ 57 Mayor Shirley Gibson (Yes) ___(No) 58 Vice Mayor Barbara Watson (Yes) ___(No) 59 Councilman Melvin L. Bratton (Yes) ___(No)
60 Councilman Aaron Campbell (Yes) ___(No) 61 Councilman Oliver Gilbert, III (Yes) ___(No) 62 Councilwoman Sharon Pritchett (Yes) ___(No) 63 Councilman André Williams (Yes) ___(No) 64
65 66 SKD/teh 8479579_1.DOC Page 88 of 225
Interlocal Agreement Between Miami-Dade Transit Agency and the City of Miami Gardens For Federal Funding Pass-Through Arrangements with the American Recovery and Reinvestment Act (ARRA)
of 2009 Federal Transit (FTA 5307) for the City to Install Bus Shelters This is an Interlocal Agreement, made and entered into by and between Miami-Dade Transit, a department of Miami-Dade
County, a political subdivision of the state of Florida, hereinafter referred to as "the County", and the City of Miami Gardens, a municipal corporation of the state of Florida, hereinafter
referred to as "the City". WITNESSETH: WHEREAS, Miami-Dade Transit, an Urbanized Area Formula Program grantee agrees to pass through Federal Transit Administration (FTA) 5307 the American
Recovery and Reinvestment Act (ARRA) funding for the City of Miami Gardens, a designated FTA funding recipient. WHEREAS, using that funding, the City of Miami Gardens will provide transportation
services within the City to benefit local residents and businesses within the City and within sections of Miami-Dade County north of the City; and WHEREAS, the City will provide the
citizens of the City of Miami Gardens with improved public transportation by installing bus shelters operating, directly or through a transportation contractor, which will meet the local
needs; and WHEREAS, the provision of regularly scheduled transit services which may connect with existing Miami-Dade Transit (MDT) Metrobus services and help increase the use of the
transit services provided by MDT; and WHEREAS, the City has sponsored and is willing to provide an alternative form of supplemental public transit throughout the City and has secured
and obligated the necessary funds to provide; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the County and
the City agree as follows: Page 89 of 225
ARTICLE 1 DEFINITIONS 1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. The American Recovery and Reinvestment Act (ARRA). 1.2 "Contractor" shall mean any
entity, public or private providing public circulator services as described in this Agreement under contract to the City. 1.3 " Circulator" shall mean fixed route or semi-fixed route
public transportation services where at least seventy (70%) percent of the route is within the City and said circulator service is operated by the City, directly or by contract, pursuant
to this Agreement and Chapter 31 of the Code of Miami-Dade County. 1.4 "The County" shall include Miami-Dade County, the Miami-Dade Transit, the Miami-Dade Consumer Services Department,
and authorized representatives thereof. 1.5 'The City" shall mean City of Miami Gardens and authorized representatives thereof. 1.6 "FDOT" shall mean the Florida Department of Transportation
and authorized representative thereof. 1.7 "MDT" shall mean the Miami-Dade Transit and authorized representatives thereof. 1.8 "USDOT" shall refer to the U.S. Department of Transportation,
its rules and regulations, and representatives thereof. 1.9 "FTA" shall mean the Federal Transit Administration, its rules and regulations, and representatives thereof. 1.10 "CSD" shall
mean the Consumer Services Department of Miami-Dade County and authorized representatives thereof. 1.11 "PTRD" shall refer to the Passenger Transportation Regulatory Division of CSD.
1.12 "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR Section 5335(a), as may be amended from time to time, and found in the National Transit Database
Reporting Manual published by the FTA. 1.13 "STS", Special Transportation Service, is the component of the conventional transit system designed to provide comparable circulator service
to disabled individuals as mandated in the ADA. Page 90 of 225
ARTICLE 2 GENERAL REQUIREMENTS 2.1 Compliance with Applicable Laws and Regulations. The City and its contractors, if any, shall comply with all existing and future laws, statutes, ordinances,
codes, rules, regulations, and procedural requirements, whether federal, state, or local, which are applicable to, or in any manner affect, the provision of City of Miami Gardens bus
shelters. The City shall be responsible for ensuring compliance of its employees, contractors, agents, or assigns with all applicable county, state, and federal requirements, including,
but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. The City shall be responsible for obtaining copies of the appropriate laws, regulations,
ordinances, and documents and complying therewith. 2.2 The County Regulatory Requirements. Prior to the commencement of the bus shelters service under this Agreement, the City and/or
its contractors, if any, shall have current and valid certificates of transportation, permits, and chauffeur registrations as required by Chapter 31 of the Code of Miami-Dade County.
The City and its contractors shall maintain such certificates, registrations and permits current during the Period of this Agreement. In no event shall the City or any of its contractors
provide any transportation services contemplated by this Agreement until any and all County regulatory requirements are satisfied. 2.3 Vehicle Licensing. All vehicles utilized to provide
transportation services shall at all times be properly licensed and permitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall comply with
all safety, mechanical, and vehicular standards mandated by any applicable county, state, and federal requirements including, but not limited to, all safety, mechanical, and vehicular
standards mandated by MDT and CSD. 2.4 Vehicle Standards. Vehicles shall comply with all of the requirements contained in Chapters 30 and 31 of the Code of Miami-Dade County, pertinent
state statutes and other directives as may be prescribed and required by CSD or MDT. All vehicles utilized to provide transportation services authorized by this Agreement shall at all
times display a current and valid county permit and shall comply with safety, mechanical, and vehicular requirements mandated by applicable county, state, or federal requirements, including
ADA. 2.5 Chauffeur Requirements. Vehicle chauffeurs shall at all times have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety,
mechanical, and vehicle standards mandated by applicable county, state, and federal requirements and as may be prescribed and required by CSD or MDT. 2.6 Proof of Compliance Prior to
Operation. The City and/or its contractors, if any, shall provide the County with proof of compliance with licensure, insurance, and any other requirements mandated by the Code of Miami-Dade
County, state statute, or federal law prior to commencement of the circulator service. 2.7 Purchase of Services/Sole Responsibility. City employees, agents, and contractors providing
transportation services shall be considered to be, at all times, solely employees, agents, and contactors of the City under its sole direction and not employees, agents, or contractors
of the County. Page 91 of 225
2.8 Compliance with ADA. The City's bus shelters services shall comply with all applicable requirements of the ADA. The City and the County recognize their joint obligation to provide
STS in the area served by the City's Circulator service. In fulfillment of the City's obligation, the City hereby contracts with the County to provide STS service for trips which have
both their origin and destination within the City bus shelters service area, as the County shall continue to provide such trips as part of its STS service at no cost to the City. To
the extent that any terms in this Agreement are in conflict with the ADA, the requirements of the ADA shall control. 2.9 Compliance with Procurement Requirements. The City agrees to
comply with applicable federal and state procurement requirements, as may be amended from time to time, when entering into contracts with third parties to fulfill the obligations under
this Agreement. 2.10 County's Right to Submit Proposals and Bids. The County shall be given the opportunity to bid upon any Requests for Proposals, Requests for Qualifications, or Requests
for Bids which the City shall issue regarding the provision of transportation service and shall be considered, along with private contractors, for provision of services to be provided
by the City pursuant to this Agreement. 2.11 Drug-free Workplace and Testing. In accordance with the Code of Miami-Dade County, the City shall certify that it will have a drug-free workplace
program. Further, the City shall require pre-employment drug testing and other periodic drug testing for all persons holding safety-sensitive positions, as defined by USDOT, related
to transit operation. Effective upon execution of the Agreement, the City shall require that its employees or contractor, if applicable, comply with all applicable requirements of the
USDOT regulations for drug and alcohol testing. To the extent that any terms in this Agreement are inconsistent with the USDOT regulation, the requirements of the USDOT shall control.
2.12 City Representative. The City shall designate individual(s) to act as liaison to the County and notify the County thereof. The City shall promptly notify the County of any changes.
2.13 County Representative. The County shall designate individual(s) to act as liaison to the City and notify the City thereof. The County shall promptly notify the City of any changes.
2.14 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this Agreement must be in writing and shall require the signatures
of the County Mayor and the City Manager, or his/her designees, subject to authorization by their respective Boards. Notwithstanding the foregoing, amendments to this Agreement regarding
alignments, schedules, and fares, as described in Section 2-150 (c) of the Miami-Dade County Code, may be approved by the County Manager and the Mayor of the City of Miami Gardens, or
their designees. Page 92 of 225
ARTICLE 3 CITY OF MIAMI GARDENS BUS SHELTERS SERVICES 3.1 Provision of City Circulator Services. The City shall provide public transportation services to the citizens of the City of
Miami Gardens. Any changes to routes/schedules shall be consistent with Chapter 31 of the Code of Miami-Dade County and be effective only upon the written consent of the County Manager
and the Mayor of the City of Miami Gardens, or their designees. 3.2 Connection and Coordination with County Bus Routes. These routes may complement existing County Metrobus routes and
will provide the citizens of City of Miami Gardens with improved public transportation, which will meet the local public needs. The installing of bus shelters will benefit the citizens
and local businesses.. 3.3 Operation of Routes Their Entirety. The City shall be responsible for ensuring that bus route(s) are operated in their entirety with no deviation from the
approved routes and schedules unless otherwise authorized by the City. 3.4 Planning and Scheduling of Circulator Routes. The County, through the MDT Director or his designee, may assist
the City staff with technical support for planning and scheduling of City Circulator services. 3.5 Use of Logo. FTA has logo uniquely identifying ARRA projects such logo shall at all
times be displayed on the exterior of all vehicles operation pursuant to this Agreement. The County shall allow the display of the Circulator service logo on the County's bus stop signs
at all stops common to the City and the County bus routes. The City shall be responsible for placing the logo on the pertinent signs where space is available for such logos to be placed.
3.6 Bus Stop and Signposts. The City may provide, install, and maintain bus stop signs and signposts at stops along the City's bus Circulator routes, which are not also stops for Metrobus
routes. If the City, its contractor, licensee, permittee, or assignee wishes to install bus stop signs at common bus stops, MDT must agree to such action and the City shall provide facilities
that can accommodate Metrobus bus stop information. That accommodation shall be either in the form of space for Metrobus route decals or space for Metrobus signs common to all other
Metrobus stop signs. If Metrobus information is to be displayed on City bus stop signs, MDT shall provide to the City the materials to be displayed on the bus stop sign facility, in
the size and format to be specified by the County. The City shall be responsible for installing the Metrobus stop information in the bus stop sign facility per the specification of the
County. If the City moves or discontinues the bus stop where the sign is the City's, the City shall be responsible for the cost of moving or removing the Metrobus stop information. If
the County moves or discontinues the bus stop where the sign is the County's, the County shall be responsible for the cost of moving or removing the City of Miami Gardens stop information.
3.7 Non-Interference and Non-Disturbance. The County and the City hereby mutually agree not to interfere with or unreasonably impede the free flow of pedestrian movement or of each other's
public transit vehicular traffic or passengers accessing of Metrobus service. Page 93 of 225
ARTICLE 4 RECORDS AND REPORTS 4.1 Reporting Requirements. The City shall collect or assure the collection of all information required for Federal and State reporting purposes, and shall
provide collected and compiled information to the County no less often than monthly/quarterly as required by the County, State or FTA. The FTA through Miami-Dade County requires quarterly
Financial Status Reports (FSR), Milestones, and Ridership Reports. The City shall also report monthly ridership performance data. The City shall annually prepare and submit audited National
Transit Data Base reports as required by the USDOT and submit to the County a copy of said reports no later than ninety (90) days after the close of the County's fiscal year. 4.2 Additional
Information. The City shall provide additional information about the City installing bus shelters operations as requested by the County within thirty (30) days, unless a different time
period is agreed upon, in writing, by the City Manager and the County Mayor or his/her designee. 4.3 Administrative Fees. The City shall pay the County a 5% fee of the FTA FY 2009 award
of $1,117,692.92 totaling $55,884.65 for grant administration, finance, project management, and performance reporting. The County shall be entitled to an administrative fee of 5% for
any and all future FTA 5307 grants awarded to the City for which the County provides grant application, grant administration, finance, project management and performance reporting services.
4.4 National Transportation Database (Section 15) Reporting. Timely Annual Reporting Statistics as required by the Federal Transit Administration (FTA), National Transit Database, as
defined in the annual FTA National Transit Database Reporting Manual and FTA Circular 271O.2A, "Sampling Procedures for Obtaining Demand Responsive Bus System Operating Data" which may
be amended from time to time by the FTA (Formerly known as Section 15 Reporting). Supporting documentation shall be submitted to the County if requested in writing. Annual audit statement
will be required and records shall be maintained for no less than five (5) years for FTA triennial review. 4.5 Accidents and Incidents. In addition to emergency and police notifications,
the City shall be responsible for ensuring that all accidents and incidents are promptly reported to the County and subsequently that adequate and appropriate documentation of investigation,
using National Safety Council definitions, be furnished to the County within three (3) working days. Initial notification of accidents or incidents shall be reported on a form approved
by the County within 24 hours of occurrence. Any accident involving major damage, serious personal injury or loss of life shall be reported to the County within 1 hour of occurrence.
Records shall be kept for at least three (3) years for each accident a vehicle is involved in, including the repair work required to return the vehicle to service. The City must also
provide to the Miami-Dade County Consumer Services Department (CSD); Passenger Transportation Regulatory Division (PTRD) one (1) copy of each accident report within 72 hours of such
accident. The City must also furnish the County all accident and incident data as required for the FTA National Transit Database (NTD), as defined in the FTA NTD Safety and Security
Reporting Manual, including the Major Incident Report (within 30 days of occurrence) and the Non-Major Summary Reports (monthly, before end of month following report month). Page 94
of 225
ARTICLE 5 INSURANCE The parties hereto acknowledge that the City is subject to the limitations of Section 768.28, F.S. The City shall institute and maintain a fiscally sound and prudent
risk management program with regard to its obligations under this Agreement in accordance with the provision of Section 768.28, F.S. The City shall collect and keep on file documentation
of insurance of any and all private providers operating the City of Miami Gardens service routes. In the event that the City contracts with a private vendor for services, the City shall
require contractor to meet the insurance requirements shown in Figure 1, as a minimum. The City shall further require the private operator to include the County as a named insured and
shall provide the County with a copy of the insurance policy purchased by any contractor prior to the provision of bus service operations. Figure 1 Insurance Check List (Form H from
City of Miami Gardens Request for Proposals for Contract for Municipal bus Services) ______1. Worker's Compensation and Employer's Liability per the Statutory limits of the state of
Florida. ______2. Commercial General Liability (occurrence form), limits of liability $1,000,000 per occurrence for bodily injury property damage to include premises/operations; products
and completed operations; independent Contractors; broad form property damage endorsement and contractual indemnity (hold harmless endorsement exactly as written in "insurance requirements"
of specifications). ______3. Automobile Liability $1,000,000 each occurrence owned/non-owned/hired automobiles included. ______4. Excess Liability -$ ________ .00 per occurrence to follow
the primary coverage. ______5. The City must be named as an additional insured on the liability policies; and it must be named as an additional insured on the liability policies; and
it must be stated on the certificate. ______6. Other Insurance as indicated: ______ Builders Risk completed value $_________ ______ Liquor liability $_________ ______ Fire legal liability
$_________ ______ Protection and indemnity $_________ ______ Employee dishonesty bond $_________ ______ Other blanket fidelity bond $ 10,000.00 ______7. Thirty days written cancellation
notice required. ______8. Best's guide rating B+: VI or better, latest edition. ______9. The certificate must state the bid number and title Page 95 of 225
ARTICLE 6 IDEMNIFICATION 6.1 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities
from any and all liability, claims, losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents or instrumentalities
may incur as a result of claims, demands, suits, causes of actions or proceedings of any kinds or nature arising out of, or relating to or resulting from the negligence of the City and/or
its officers, employees, agents or instrumentalities, during the term of this Agreement. The City shall pay all claims and losses in connections therewith, and shall investigate and
defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments and reasonable
attorneys' fees which may issue thereon. The City expressly understands and agrees agrees that any insurance protection required by this Agreement or otherwise provided by the City shall
in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein
shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance or failure of performance of the County, its officers, employees, agents
or instrumentalities or any other related third party. This paragraph is subject to the limitations of Section 768.28, F.S. 6.2 The County shall, to the extent permitted by law at all
times hereafter, indemnify and hold harmless the City, and its officers, agents, employees and instrumentalities from any and all liability, claims, losses, and causes of action, including
attorneys' fees and costs of defense which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes, of actions or or
proceedings of any kind or nature arising out of, or relating to or resulting from the negligence of the County and/or its officers, employees, agents or instrumentalities, during the
term of this agreement. The County shall pay all claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments and reasonable attorneys fees which may issue thereon. The County expressly understands
and agrees that any insurance protection required by this Agreement or otherwise provided by the County shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the City or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the City from any liability or claim arising
out of the negligent performance or failure of performance of the City, its officers, employees, agents or instrumentalities or any other related third party. This paragraph is subject
to the limitations of Section 768.28, F.S. 6.3 In the event the City contracts for transportation services authorized by this Agreement, the contractor shall, in its contract with the
City, be required to indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes
of action, including reasonable attorneys' fees and cost of defense which the County, the City or their officers, employees, agents and instrumentalities may incur as a result of claims,
demands, suits, causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the provision of transportation services by the contractor and/or
its officers, employees, agents or independent contractors. The contractor
shall be required to pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County
and City, where Page 96 of 225
applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City shall require that the contract between and City
and the contractor include a provision which states that the contractor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided
by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County and the City or their officers, employees, agents or instrumentalities
as herein provided. Nothing herein shall be deemed to indemnify the County and the City from any liability or claim arising out of the negligent performance of the County and the City,
their officers, employees, agents or instrumentalities or any other related third party. ARTICLE 7 FINANCIAL ASSISTANCE 7.1 Grant Matching Funds. There are no matching funds required
for this American Recovery and Reinvestment Act (ARRA) FTA program. 7.2 Bus Shelters and Benches. The City shall, at its sale option, provide, install, and maintain bus passenger shelters,
benches and other bus stop furnishings, at bus stops along the City's bus shelters service routes where the City, or its contractor, feels that there is a need for such furnishings.
7.3 Bus Stops and Bus Bays or Pull-outs. The City shall, at its sole option, provide, install, and maintain bus stop sites, including bus bays or pull-outs at stops along the City's
bus shelters service routes, provided that any proposed bus bays or pull-outs and any proposed modifications or reconfigurations to existing bus bays or pull-outs shall be first reviewed
and approved by the County or State, as appropriate. 7.4 Comparable Agreements. In the event that the County enters into an Interlocal Agreement with any other municipality for bus services,
which are comparable to the services provided herein, but upon more favorable terms for the municipality than the terms provided herein, County agrees to amend this Agreement, if requested
by the City, to provide substantially equivalent favorable terms to the City as those provided in such other County/Municipal Interlocal Agreements. Page 97 of 225
ARTICLE 8 TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS 8.1 Term of Agreement. This Agreement shall commence upon approval of the Board of County Commissioners and the Council of
City of Miami Gardens and the execution by the County Mayor or his/her designee and authorized City Manager. 8.2 Renegotiation or Modification. Any substantive changes in the level of
service to be provided by the City as set forth herein shall only be implemented after the County and the City have entered into a written agreement describing the changed services and
the provisions of the County Code have been exercised. 8.3 Title VI and VII Civil Rights Act of 1964. The City and its Contractors shall not discriminate against any person because of
race, color, sex religious background, ancestry or national origin in the performance of the Agreement. 8.4 Termination for Cause. This Agreement may be terminated for cause by either
party upon no less than thirty (30) days written notice to the other party, except when bus shelters operations are in violation of health and/or safety-related provisions of state statutes
or the Code of Miami-Dade County, in which case termination shall be as determined by the County Mayor. Said notice shall be delivered by verified facsimile transmission or certified
mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for termination within a reasonable notice period, in which case the terminating
party may cancel the termination notice using the same means by which the notice of termination delivered. 8.5 Termination without Cause. The County or the City may terminate this Agreement
without cause upon no less than sixty (60) days written notice to the other party. If the County or the City terminates this Agreement with or without cause, the City agrees to reimburse
the County on a prorated basis for financial assistance it has received for the year. 8.6 Notices. All notices and other communications required to be remitted pursuant to this Agreement
to either party hereto shall be in writing and shall be delivered by verified facsimile transmission or certified mail, return receipt requested, to the parties at the address indicated
below: Page 98 of 225
FOR MIAMI-DADE COUNTY: Miami-Dade Transit Agency 701 N.W. First Court, Suite 1700 Miami, FL 33136 Attention: Director, Miami-Dade Transit Fax: 786.469.5580 FOR CITY OF MIAMI GARDENS:
City of Miami Gardens Attention: 8.7 Name of Payee. The name of the official payee to whom the County shall issue checks shall be City of Miami Gardens. 8.8 Complete and Binding Agreement.
This writing embodies the full and complete Agreement of the parties. No other terms, conditions or modifications shall be binding upon the parties unless in writing and signed by the
parties. 8.9 Execution. This document shall be executed in four (4) counterparts, each of which shall be deemed an original. 8.10 Governing Law. This Agreement shall be construed in
accordance with the laws of the State of Florida. Page 99 of 225
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: ATTEST: FOR THE COUNTY: Miami-Dade County, A political subdivision
of the State of Florida County Clerk By its Board of County Commissioners By: ______________________________ By: ________________________________ Deputy Clerk County Mayor Date Executed:_____________
__________ Approved as to Form and Legal Sufficiency By: _______________________________ Assistant County Attorney ATTEST: FOR THE CITY: City of Miami Gardens A political subdivision
of the State of Florida By: _______________________________ By: ________________________________ City Clerk City Manager Date Executed: ______________________ Approved as to Form and
Legal Sufficiency By: ________________________________ City Attorney Page 100 of 225
STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) I, HARVEY RUVIN, Clerk of the Circuit and County Courts, in and for Miami-Dade County, Florida, and Ex-Officio Clerk of the Board of County
Commissioners of said county, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. R-, adopted by the said Board of County Commissioners at its
meeting held on , as appears of record. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this 29th day of October, A.D., 2008. HARVEY RUVIN, Clerk Board of County
Commissioners Miami-Dade County, Florida By: ______________________________ Deputy Clerk Board of County Commissioners Miami-Dade County, Florida Page 101 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: (Enter Date ) 5/27/09 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: Legal Services (Enter Fund & Dept) eneral F de Ex: G olic un P Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid
#: (Enter #) Sponsor Name Sonja K. Dickens, City Attorney Department: Legal Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
ATTORNEY AND CITY MANAGER TO NEGOTIATE A FEE AGREEMENT WITH JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A., FOR LEGAL SERVICES IN CONNECTION WITH THE MIAMI METRO MEDIA V. CITY
OF MIAMI GARDENS LITIGATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: The law firm of
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., through Michael T. Burke, Esq., has been representing the City’s interest in the litigation styled Miami Metro Media v. City
of Miami Gardens as the Florida League of Cities contracted attorneys. Up to this point, the Florida League of Cities has been paying for the City’s representation in this regard because
initially Plaintiff Miami Metro Media made a damage claim. However, Miami Metro Media has amended its Complaint to drop the damage claim against the City and, as such, the Florida League
of Cities has determined that it will not continue to pay the City’s litigation expenses for litigation services after June 1, 2009. Michael Burke has been doing a good job of handling
the litigation on behalf of the City thus far and for the sake of consistency, the City Attorney’s Office is recommending, that the City ITEM J-5) CONSENT AGENDA RESOLUTION Agreement
for Legal Services Page 102 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 continue to permit Michael T. Burke of Johnson Anselmo, et.al, to represent the City’s interest in this regard.
Proposed Action: Authorize the City Attorney and City Attorney to Negotiate and Execute an Agreement with Johnson Anselmo, et. al. al. for legal services. Attachment: Attachment A –
letter from Michael Burke Attachment B – Letter from Florida League of Cities Page 103 of 225
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO NEGOTIATE AND EXECUTE A FEE AGREEMENT WITH
JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A., FOR LEGAL SERVICES IN CONNECTION WITH THE MIAMI METRO MEDIA V. CITY OF MIAMI GARDENS LITIGATION; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the law firm of Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., through
Michael T. Burke, Esq., has been representing the City’s interest in the litigation styled Miami Metro Media v. City of Miami Gardens as the Florida League of Cities contracted attorneys,
and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the Florida League of Cities has been paying for the City’s representation in this regard because initially a damage claim was made
by Plaintiff Miami Metro Media, and WHEREAS, Miami Metro Media has amended its Complaint to drop the damage claim against the City and, as such, the Florida League of Cities has determined
that it will not continue to cover the City for the litigation services, and WHEREAS, the City Attorney’s Office is recommending, that the City continue to permit Michael T. Burke, the
attorney handling this matter to represent the City’s interest in this regard and as such is requesting that the City Council authorize an Agreement with Michael T. Burke, Esq., for
this purpose, and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 104 of 225
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.
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 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize the
City Attorney and City Manager to negotiate and execute a Fee Agreement with Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., for legal services in connection with the Miami
Metro Media v. City of Miami Gardens litigation. 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 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.; 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 MAY 27, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY:
SONJA KNIGHTON DICKENS, ESQ. Page 105 of 225
47 City Attorney 48 49 50 51 52 53 54 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 55 Mayor Shirley Gibson (Yes) ___(No) 56 Vice Mayor Barbara Watson
(Yes) ___(No) 57 Councilman Melvin L. Bratton (Yes) ___(No) 58 Councilman Aaron Campbell (Yes) ___(No) 59 Councilman Oliver Gilbert, III (Yes) ___(No) 60 Councilwoman Sharon Pritchett
(Yes) ___(No) 61 Councilman André Williams (Yes) ___(No) 62 63 64 SKD/teh 8479630_1.DOC Page 106 of 225
LAW OFFICES JOHNSON, ANSELMO , MURDOCH , BURK E, PIPER & HOCHMAN, P.A. A PROFESSIONAL ASSOCIATION DAMIAN H. ALBERT, P.A. SCOTT D. ALEXANDER, P.A. CHRISTOPHER AMBROSIO MICHAEL T. BURKE
*† HUDSON C. GILL JEFFREY L. HOCHMAN, P.A. E. BRUCE JOHNSON * J. MARCOS MARTINEZ _______________ * BOARD CERTIFIED CIVIL TRIAL LAWYERS † BOARD CERTIFIED APPELLATE LAWYERS 2455 EAST SUNRISE
BOULEVARD SUITE 1000 FORT LAUDERDALE, FL 33304 ___________ (954) 463-0100 Broward (305) 945-2000 Dade (561) 640-7448 WPB TELECOPIER (954) 463-2444 ROBERT E. MURDOCH MICHAEL R. PIPER
* ANASTASIA PROTOPAPADAKIS DAVID M. SCHWEIGER, P.A. TAMARA M. SCRUDDERS† CHRISTOPHER L. SMITH CHRISTOPHER J. STEARNS, P.A. _______________ RETIRED: RONALD P. ANSELMO BURL F. GEORGE May
6, 2009 Via Email Sonja Dickens, Esq. Arnstein & Lehr, LLP 200 E Las Olas Blvd., Ste. 1700 Fort Lauderdale, Florida 33301 Re: Miami Metro Media v. City of Miami Gardens Our File No.
29-040 Dear Sonja: Enclosed please find a copy of an April 30, 2009 letter Irma Cohen of the Florida Florida League of Cities directed to Mayor Shirley Gibson concerning the above referenced
matter. As you can see, the letter states that since the current Complaint does not seek damages or monetary relief, “it is the position of th Florida Municipal Insurance Trust that
a duty to defend and /or provide coverage does not exist”. The letter further states that the FMIT will continue to pay defense fees and costs until May 31, 2009. Please advise how you
would like to proceed with the defense of the City of Miami Gardens subsequent to May 31, 2009. Specifically, please advise whether you would like Johnson, Anselmo et al to continue
to handle the matter pursuant to a fee agreement with the City of Miami Gardens or whether your office or some other firm will substitute as counsel for the City. As set forth in my
prior correspondence, we are preparing a Motion to Dismiss Plaintiff’s current Complaint and will timely file the same on or before May 11, 2009. Very truly yours, /s/Michael T. Burke
Michael T. Burke For the Firm MTB:npw Encl. Page 107 of 225
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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: 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 Funding Source:
Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: City Manager Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE 2009/2010 FEDERAL LEGISLATIVE PROGRAM FOR THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. Staff Summary: As of March 1, 2009, the City of Miami Gardens acquired the services of Alcalde and Faye to represent the City’s interest s in all federal
legislative matters. In order to provide our federal lobbyist with clear direction during the 111th Congress, staff established a Federal Legislative program based on the input from
various City Council members and staff. The proposed Federal Legislative Program documents the City of Miami Garden’s legislative priorities during the 111th Congress and will be used
to assist our lobbyist in advocating for the City. Proposed Action: That the City Council approve the attached resolution adopting the 2009‐2010 City of Miami Gardens Federal Legislative
Program. Attachment: Attachment A‐Proposed 2009‐2010 Federal Legislative Program ITEM K-1) RESOLUTIONS 2009/2010 Federal Legislative Program Page 113 of 225
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE 2009/2010 FEDERAL LEGISLATIVE PROGRAM FOR THE CITY; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Alcalde and Faye, the City’s lobbyists, represents the City’s interest in all federal legislative matters, and 1 2 3 4 5 6 7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, staff has established a federal legislative program based upon input from various City Council members and staff, and WHEREAS, the City
Council would like to approve a 2009/2010 Federal Legislative Program for submittal to the lobbyists, 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. APPROVAL: The City Council of the City of Miami Gardens hereby approves the 2009/2010 Federal Legislative Program attached hereto as Exhibit A. Section
3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD
ON MAY 27, 2009. Page 114 of 225
22 _________________________________ 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 40 Mayor Shirley Gibson (Yes) ___(No) 41 Vice
Mayor Barbara Watson (Yes) ___(No) 42 Councilman Melvin L. Bratton (Yes) ___(No) 43 Councilman Aaron Campbell (Yes) ___(No) 44 Councilman Oliver Gilbert, III (Yes) ___(No) 45 Councilwoman
Sharon Pritchett (Yes) ___(No) 46 Councilman André Williams (Yes) ___(No) 47 48 49 SKD/teh 8479694_1.DOC Page 115 of 225
2009-2010 Proposed City of Miami Gardens Federal Legislative Program POLICY STATEMENTS Energy Conservation The City of Miami Gardens City Council supports the National League of Cities
Core Principal, which states that sustainability is a defining issue of our time. The reason: increasing concern about climate change and other threats to public health and the environment
related to human activities. Today, local governments find themselves at the epicenter of the sustainability movement. Cities and towns are actively pursuing initiatives to conserve
energy, reduce greenhouse gas emissions and protect the environment in other ways. The federal government should be a full partner in these efforts, providing national leadership when
appropriate, and supporting creative efforts that can only happen at the community level. The National League of Cities urges Congress to: • Provide $2 billion for the Energy Efficiency
and Block Grant Program in the fiscal year 2010 budget to further these local efforts. Home Rule Rule The City of Miami Gardens is dedicated to the fundamental concept that the government
closest to the people is the appropriate authority to serve the needs and requirements of the community. The City of Miami Gardens City Council supports maintaining the integrity of
home rule power that allows cities to develop and implement solutions to local problems. Safe Cites The City of Miami Gardens City Council supports the National League of Cities Core
Principal, which states that the security of the United States and its citizens is a defining issue of the decade. In the face of these new challenges, the leaders of our cities and
towns are best positioned to address traditional public safety needs while at the same time advancing the nation’s homeland security priorities. National top‐down plans are not sufficient.
We need collaborative strategies that emphasize partnerships, innovation and “all‐hazard” approaches to public safety. The National League of Cities urges Congress to: • Direct resources
where they are needed most; 1 Page 116 of 225
• Strengthen information sharing at all levels; and • Create a culture of public awareness and action to ensure all Americans understand their own responsibilities in preventing crime
and preparing for disasters. Immigration Stabilize the Housing Market The City of Miami Gardens City Council supports the National League of Cities Core Principal, which states that
encouraging home ownership for as many Americans as possible and giving people a stake in the future of their community remains a laudable goal. However, the challenge for the federal
government, working in partnership with state and local governments, is to resolve the crucial questions raised by the collapse of the housing market — questions like: what kinds of
housing we need; how to finance construction, rehabilitation and resale of homes; and how best to engage the private sector in the work of building houses and revitalizing America’s
hometowns. The National League of Cities urges Congress to: • Ensure the availability of capital for mortgage financing and refinancing and continue to encourage lenders and loan servicers
to work out unsound loans as an alternative to foreclosure; • Invest in programs that stabilize and enhance neighborhoods while helping communities minimize the damage caused by the
national foreclosure crisis; • Protect homebuyers from predatory lending by ensuring that mortgage brokers are effectively regulated and that mortgage loans are well‐suited to the financial
means of the homebuyer. Unfunded Mandates The City of Miami Gardens City Council supports the National League of Cities Core principal that the federal government should avoid policies
that impose disproportionate responsibilities or increased financial liability on local governments without recognizing the fiscal impact of those policies. In particular, federal policies
should not mandate new costs for local governments without providing adequate funds to reimburse local governments for these new mandates. LEGISLATIVE PROPOSALS Iran and Darfur Divestment
The United States has imposed trade sanctions on the Government of Sudan since November 1997 under Executive Order (E.O.) No. 13067. The United Nations Security Council (UNSC) issued
Resolution 1591 and Resolution 1672 condemning the actions of the Government of Sudan and calling on member nations to take certain measures against persons responsible for continuing
conflicts. In response to UNSC Resolution 1672, President Bush issued a new Executive Order expanding on the original sanctions of E.O. No. 13067, which authorizes the Department of
Treasury and Department of State to designate additional persons as needed. Under this expanded authority, persons named as, or doing business with persons named as “Specially Designated
Nationals” of Sudan would face the following sanctions: 2 Page 117 of 225
• U.S. persons are prohibited from transacting business with these individuals and entities and all of their property in the United States or in the possession or control of a U.S. person
is blocked. • Any U.S. individual or organization engaging in transactions with foreign nationals must take reasonable care to make certain such foreign nationals are not owned, controlled
by, or acting on behalf of Sudan. • U.S. individuals or organizations that violate the regulations may be subject to civil or criminal prosecution. Goods or services of Sudanese origin
may not be imported into the United States. The City of Miami Gardens City Council urges Congress to adopt further legislation, which prohibits the investment of public funds managed
by local governments nationwide in “scrutinized companies “ or “specialty designated nationals”. (Councilman Williams) Reinstatement of the Assault Weapons Ban The Federal Semi‐Automatic
Assault Weapon ban expired in 2004, since that time there is credible evidence that it has has been easier for criminals to buy powerful firearms. In the City of Miami Gardens alone,
over 20 assault weapons have been seized in the commission of a crime since December 2007. The City of Miami Gardens City Council urges Congress to reinstate the Semi‐Automatic Assault
Weapons Ban. (Councilman Williams) Temporary Protected Status for Haitians Living in the United States In 2008, Haiti was struck by four devastating storms, displacing thousands of citizens,
wiping out roads, bridges, schools, and homes. In addition to these natural disasters, Haiti is currently in a state of political unrest. South Florida community and the City of Miami
Gardens are home to many undocumented Haitian nationals who contribute to our society while sending money home to help their families. Due to the devastating circumstances that may prevent
these undocumented Haitians from returning home, the City of Miami Gardens City Council urges the current Administration to grant temporary protected status to Haitian Nationals living
in the United States. (Councilman Williams) APPROPRIATION AND AUTHORIZATION REQUESTS Livable Neighborhoods Initiative $2,500,000 The Livable Neighborhoods Initiative for Sewer System
Improvements project will fulfill the federal Environmental Protection Agency (EPA) priority to modernize waterways and protect the vital public service of water infrastructure. The
initial benefits of this project include the elimination of the danger of flash flooding and extended water ponding posed by a lack of adequate drainage in these neighborhoods, especially
during Hurricane Season. During the 2005 Hurricane Season, many residents were stranded in their homes because of excessive flooding. Emergency vehicles were unable to get to any resident
that lived in these areas. The supplemental benefits are that this project intends to serve as the impetus for revitalization of neighborhood areas that are impoverished and whose residents
feel 3 Page 118 of 225
4 neglected by local government. The City will provide matching funds in the amount of $925,000 for this project. State Road Seven Livable Community Corridor Project $1,930,000 The State
Road 7 Livable Community Corridor Project as proposed will acquire right‐of‐way, design, and construct ten (10) feet of widened ADA accessible stamped concrete sidewalks and bus bays
through the State Road 7 corridor in the City of Miami Gardens. This project is part of a Livable Community Corridor Study of State 7 (US 441 – six lanes) from NW 215 Street (Miami Dade
County and Broward County line) to the Golden Glades Interchange (SR 826, I‐95, and U.S. 441). Total Appropriation and Authorization Requests: $ 4,430,000 Page 119 of 225
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 Funding Source:
Community elopme k Gran NSP Dev oc nt Bl t Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X RFP#090044 Sponsor Name
Danny O. Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS IN SUBSTANTIAL FORM WITH DIAMOND POINT AT MIAMI GARDENS, LLC, FOR AN AMOUNT NOT TO EXCEED ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, FIVE HUNDRED TWENTY-NINE DOLLARS AND
70/100 ($1,716,529.70) AND ABSOLUTE DEMOLITION, INC., IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) FOR REHABILITATION AND DEMOLITION SERVICES OF CERTAIN
PROPERTY IN ACCORDANCE WITH THE CITY’S NEIGHBORHOOD STABILIZATION PLAN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background In response
to the national foreclosure
crisis, the U.S. Department of Housing and Urban Development (HUD) provided Neighborhood Stabilization funds to assist local governments to acquire abandoned and foreclosed upon property
for demolition, rehabilitation, and sale in areas of greatest need to revitalize ITEM K-2) RESOLUTION Demolition & Rehab. Services in accordance with the Neighborhood Stabilization Plan
Page 120 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 and stabilize the impacted communities. The State of Florida received $541 million of federal funds, of which the
City of Miami gardens was awarded $6,866,119.02. Each community receiving an allocation of NSP Funds was required to submit a substantial amendment to its Annual Action Plan. Compliance
with this requirement was obtained on November 12, 2008 when the City Council approved the City’s NSP plan and substantial amendment document. The City’s NSP plan outlined the activities
to be carried out by the City within the designated time period established by U.S. HUD. The approved activities (and corresponding budget) reflected in the City’s plan are as follows
1. Purchase and rehab of foreclosed properties for housing of individuals earning up to 50% of AMI $1,716,529.70 2. Demolition of abandoned housing units $130,000.00 3. Purchase of foreclosed
properties for resale $2,000,000.00 4. Rehab of units for resale $957,977.42 5. Subsidy assistance for buyers of purchased properties $1,375,000.00 6. Program Administration $686,611.90
Total NSP Funds Allocated $6,866,119.02 Current Situation During the public hearing process (public workshop), the City Council was presented with options for the methodology to carry
out the proposed activities. One option was to have City staff carry out the basic program activities, utilizing industry professionals (realtors, general contractors, etc.) where appropriate.
The second option was to engage an entity that would function as a sub‐grantee to the City and who would carry out all of the NSP activities on the City’s behalf. A Request for Proposal
was prepared by staff to obtain proposals from interested entities (non‐profict and for profit) for the NSP, (RFP#09‐0044) and advertised on February 22, 2009. A broadcast notice was
sent to 1,228 vendors, including several that had previously contacted the City expressing an interest in providing NSP related services. The RFP provided for applicants to bid on one
or more of the NSP Page 121 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 activities. Fifteen (15) companies attended a pre‐proposal conference but only six (6) proposals were received.
All proposals were publicly opened and read on March 27, 2009. Proposals were received from the following entities: • Absolute Demolition, Inc, Miami, Florida; • All‐Site Construction,
Riviera Beach, Florida; • Diamond Point @Miami Gardens, LLC, Boca Raton, Florida; • One Stop Solution Inc., Tamarac, Florida; • Neighborhood Housing Services of South Florida, Miami,
Florida; • RERG Development, LLC, Miami, Florida. A copy of the RFP document and submittals are available for your review at the desk of the assistant to the Mayor and Council. A selection/evaluation
committee consisting of Carmen Quinn, NSP Administrator; Benjamin Sens, NSP Coordinator; Elizabeth Valera, Loan Program Manager; and Deborah Scott, Community Development Specialist II;
evaluated all of the proposals received. A committee meeting was held on April 21, 2009, to discuss the proposals, ranking sheets and to determine recommendations. The committee directed
the Procurement Manager to send out reference checks and obtain clarifications on some of the items submitted. Following the receipt of the items requested, the committee determined
that based on the proposals, references and clarifications that only Diamond Point at Miami Gardens, LLC (Activity # 1‐ Purchase and rehab of foreclosed properties for rental to households
earning up to 50% of AMI) and Absolute Demolition, Inc. (Activity # 2 – Demolition of abandoned housing units) are recommended for funding award. Diamond Point at Miami Gardens, LLC’s
proposal is a full gut rehabilitation of the property located at 17300 N.W. 7th Avenue (the old Parkway Hospital Building) and converting it into an Assisted Living Faciliity. A facility
of this type meets the criteria for Activity # 1 because it will serve as permanent housing for individuals earning less than 50% of area median income. Moreover, it will meet an underserved
need which is the City’s verly low income elderly population. This property meets the criteria established by HUD under the NSP, as it is abandoned and in an eligible census tract. The
committee is recommending a conditional commitment for Diamond Point at Miami Gardens, LLC based on their ability to fill project funding gaps within 120 calendar days from the date
of award. Absolute Demolition, Inc’s proposal is to provide city‐wide demolition services to eliminate abandoned properties identified by the Code Enforcement and deemed to be blighted.
Part of the intent of the NSP is to eliminate such properties as they have a negative effect on property values. The City’s NSP plan projected the demolition of approximately 25 blighted
housing units. Page 122 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 It should be noted that the entire RFP process along with the evaluation committee’s recommendations were presented
to the City’s Affordable Housing Advisory Committee at their public meeting on Tuesday May 19, 2009. Committee members were given a summary of proposals received and feedback from evaluation
committee members was provided. The Affordable Housing Advisory Committee was also tasked to serve as an appeal body for this RFP in the event any of the applicants wished to appeal.
No appeal requests were received in accordance with the RFP document. The attached resolution seeks City Council approval authorizing the City Manager to negotiate and execute an agreement
with the recommended firms. The agreement with Diamond Point at Miami Gardens LLC would be for an amount not to exceed $1,716,529.70 and is conditioned upon this firm providing full
project funding commitments within 120 calendar days from the date of award. The agreement with Absolute Demolition, Inc. would be for an amount not to exceed $130,000, which is the
total amount allocated to the demolition activity in the City’s NSP plan. Proposed Action: Staff recommends approval of the attached resolution authorizing the City Manager the authority
to negotiate and execute the agreements (in substantial form) with the two (2) recommended firms. Attachment: Attachment A: Executive Summary (with exhibits)‐Diamond Point at Miami Gardens,
LLC Attachment B: NSP Contract Shell Page 123 of 225
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS IN SUBSTANTIAL FORM WITH DIAMOND POINT
AT MIAMI GARDENS, LLC, FOR AN AMOUNT NOT TO EXCEED ONE MILLION, SEVEN HUNDRED SIXTEEN THOUSAND, FIVE HUNDRED TWENTY-NINE DOLLARS AND 70/100 ($1,716,529.70) AND ABSOLUTE DEMOLITION, INC.,
IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY THOUSAND DOLLARS ($130,000.00) FOR REHABILITATION AND DEMOLITION SERVICES OF CERTAIN PROPERTY IN ACCORDANCE WITH THE CITY’S NEIGHBORHOOD
STABILIZATION PLAN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the U.S. Department of Housing and Urban Development (“HUD”) has provided Neighborhood
Stabilization funds to assist local governments with acquiring abandoned and foreclosed upon properties for demolition, rehabilitation and sale, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14
WHEREAS, the City of Miami Gardens was awarded Six Million, Eight Hundred Sixty-Six Thousand, One Hundred Nineteen Dollars and 02/100 ($6,866,119.02) through the Program, and WHEREAS,
City staff has prepared a Request for Proposal to obtain proposals from interested entities who could provide services on behalf of the City in accordance with the City’s Neighborhood
Stabilization Plan, and WHEREAS, six proposals were received in response to the RFP, and a staff evaluation committee is recommending that the City Council award a Sub-Recipient Agreement
to Diamond Point At Miami Gardens, LLC, for the purchase and rehabilitation of the property located at 17300 N.W. 7th Avenue, in the amount of One Page 124 of 225
Million, Seven Hundred Sixteen Thousand, Five Hundred Twenty-Nine Dollars and 70/100 ($1,716,529.70), and that the City contract with Absolute Demolition, Inc., for demolition services
in an amount not to exceed One Hundred Thirty Thousand Dollars ($130,000.00), 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 40 41 42 43 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 negotiate and execute Sub-Recipient Agreements in substantial form as those Agreements attached hereto with Diamond Point at Miami Gardens, LLC, and Absolute Demolition, Inc. 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 MAY 27, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK Page 125 of 225
44 45 46 47 48 49 50 51 52 53 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 54 Mayor Shirley
Gibson (Yes) ___(No) 55 Vice Mayor Barbara Watson (Yes) ___(No) 56 Councilman Melvin L. Bratton (Yes) ___(No) 57 Councilman Aaron Campbell (Yes) ___(No) 58 Councilman Oliver Gilbert,
III (Yes) ___(No) 59 Councilwoman Sharon Pritchett (Yes) ___(No) 60 Councilman André Williams (Yes) ___(No) 61 62 63 SKD/teh 8481154_1.DOC Page 126 of 225
RFP#09‐0044 Page 1 of 25 Neighborhood Stabilization Program February 2009 CITY OF MIAMI GARDENS, FLORIDA COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAMS AGREEMENT
THIS AGREEMENT (hereinafter the “Agreement”) is entered into this __ day of _____________, 200X, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter
referred to as the “CITY”) and [Agency Name], Inc., a Florida not for profit corporation (hereinafter referred to as the “SUBRECIPIENT”). FUNDING SOURCE: Community Development Block
Grant Funds AMOUNT: $XXX______________________________________ TERM OF THE AGREEMENT: IDIS NUMBER (to be completed by the City): ____________ NOW, THEREFORE, in consideration of the
mutual covenants and obligations herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of
this Agreement are the following Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement. Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit
D Certification Regarding Lobbying Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form). Exhibit F Crime
Entity Affidavit 1.2 DEFINED TERMS. As used herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Page 127
of 225
RFP#09‐0044 Page 2 of 25 Neighborhood Stabilization Program February 2009 Agreement Records: Any and all books, records, documents, information, data, papers, letters, materials, and
computerized or electronic storage data and media, whether written, printed, computerized, electronic or electrical, however collected or preserved which is or was produced, developed,
maintained, completed, received or compiled by or at the direction of the SUBRECIPIENT or any subcontractor in carrying out the duties and obligations required by the terms of this Agreement,
including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs, electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community
Development Block Grant Program. CDBG Requirements: The requirements contained in 24 CFR Part 570, Rule 9I of the Florida Administrative Code and as established by the City of Miami,
Florida. Department: The City of Miami Gardens Department of Community Development. Federal Award: Any federal funds received by the SUBRECIPIENT from any source during the period of
time in which the SUBRECIPIENT is performing the obligations set forth in this Agreement. Low-and-Moderate Income Persons: A member of a low-or moderate-income family whose income is
within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department of Housing and Urban Development. Page 128 of 225
RFP#09‐0044 Page 3 of 25 Neighborhood Stabilization Program February 2009 ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with
the Department prior to the CITY’S execution of this Agreement: 2.1 The Work Program submitted by the SUBRECIPIENT to the CITY which shall become attached hereto as Exhibit B to this
Agreement and shall include the following: 2.1.1 The description section shall detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities
to be carried out as a result of the expenditure of CDBG Funds. Where appropriate it should list measurable objectives, define the who, what, where and when of the project, and in general
detail how these activities will ensure that the intended beneficiaries will be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant
management system. The schedule should provide projected milestones and deadlines for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines
are a basis for measuring actual progress during the term of this Agreement. These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance
by the SUBRECIPIENT under this Agreement. 2.2 The Budget Summary attached hereto as Exhibit C, which shall include: completion of the SUBRECIPIENT’S Itemized Budget, Cost Allocation,
Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts. 2.3 A list of the SUBRECIPIENT’S present officers and members of the Board (names, addresses and telephone numbers).
2.4 A list of key staff persons (with their titles) who will carry out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting
System. 2.7 A copy of the SUBRECIPIENT’S corporate personnel policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement.
Page 129 of 225
RFP#09‐0044 Page 4 of 25 Neighborhood Stabilization Program February 2009 2.9 A letter accepting the Office of Management and Budget (“OMB”) Circular No.A-87 “Principles for Determining
Costs Applicable to Grants and Agreements with State, Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110, Attachments “A” (Cash Depositories), “B” (Bonding
and Insurance), “C” (Retention and Custodial Requirements for Records), “F” (Standards for Financial Management Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property
Management Standards), and “O” (Procurement Standards); OMB Circular Nos. A-122 and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for Educational Institutions,”
as modified by 24 CFR Section 570.502(a)(b); “Applicability of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations 24 CFR
Part 35. 2.10 Copy of the SUBRECIPIENT’S last federal income tax return (IRS Form 990). 2.11 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for
the SUBRECIPIENT, certified by the SUBRECIPIENT’S Corporate Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12
ADA Certification. 2.13 Drug Free Certification. 2.14 All other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of
this Agreement, the Department will act on behalf of the CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this
Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall begin on ____________________________________________. 3.3 OBLIGATIONS OF SUBRECIPIENT: Page 130 of 225
RFP#09‐0044 Page 5 of 25 Neighborhood Stabilization Program February 2009 The SUBRECIPIENT shall carry out the services and activities as prescribed in its Work Program, which is attached
and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, procedures, and requirements
as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in the event of the occurrence of
any delays in the activities thereunder, the SUBRECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating when the Work Program shall
begin and/or continue. It is understood and agreed that the SUBRECIPIENT shall maintain the level of activities and expenditures in existence prior to the execution of this Agreement.
Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services or activities, or result
in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement. ARTICLE IV CDBG
FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION The amount of compensation payable by the City to the Project Sponsor shall be based on the rates, schedules and conditions described
in Exhibit “C” attached hereto, which by this reference is incorporated into this Agreement.” 4.2 INSURANCE: At all times during the term hereof, the SUBRECIPIENT shall maintain insurance
acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance indicating that the SUBRECIPIENT
is in compliance with the provisions of this Article. 4.2.1 The SUBRECIPIENT shall provide the following coverage: Page 131 of 225
RFP#09‐0044 Page 6 of 25 Neighborhood Stabilization Program February 2009 (i) Commercial General Liability in an amount not less than $300,000.00 per occurrence, $1,000,000.00 aggregate,
protecting the CITY and the SUBRECIPIENT against liability incidental to the use of, or resulting from an accident occurring on or about, its property. (ii) Automobile liability for
all owned vehicles and for non-owned and hired automobiles in the amount of $300,000 combined single limit for bodily and property damage and/or split limits in the amount of $100,000/$300,000
for bodily injury and $100,000 for property damage. (iii) Workers' compensation insurance as required by the laws of the State of Florida. 4.2.2 All such insurance shall insure the CITY
as the primary additional insured. The SUBRECIPIENT shall be required to furnish evidence of any other insurance coverage the CITY may reasonably require during the term of this Agreement.
All such policies shall require the insurance carrier to give the CITY at least 30 days prior written notice of termination, cancellation, expiration or modification, and all such policies
shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime Policy (Employee Coverage) for all persons handling funds received or disbursed under this Agreement in
an amount equal to or greater than one third (1/3) the amount of the grant of funds hereunder. The CITY shall be named as Loss Payee. 4.2.4 Compliance with the foregoing requirements
shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 4.2.5 SUBRECIPIENT shall apply and obtain any other
insurance coverage that the CITY may require for the execution of the Agreement. 4.2.6. SUBRECIPIENT shall indemnify, defend and hold harmless the City and its officials, employees and
agents (collectively referred to as “Indemnities”) and each of them from and against all loss, costs, penalties, fines, damages, claims, Page 132 of 225
RFP#09‐0044 Page 7 of 25 Neighborhood Stabilization Program February 2009 expenses (including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of
any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance
of the services contemplated by this Agreement which is caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Subrecipient or its employees,
agents or subcontractors, or (ii) the failure of the Subrecipient to comply with any of the paragraphs herein or the failure of the Subrecipient to conform to statutes, ordinances, or
other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees to indemnify and
hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Subrecipient, or any of its subcontractors,
as provided above, for which the Subrecipient’s liability to such employee or former employee would otherwise be limited to payments under state Workers’ Compensation or similar laws.
4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUBRECIPIENT at any time during the performance of this Agreement and for a period of three years
after its expiration/termination. The SUBRECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be subject
to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made to the SUBRECIPIENT
are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in the event that the SUBRECIPIENT
shall shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies. 4.5 CONTINGENCY
CLAUSE: Page 133 of 225
RFP#09‐0044 Page 8 of 25 Neighborhood Stabilization Program February 2009 Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for
CDBG Program activities, and is also subject to amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1
As a necessary part of this Agreement, the SUBRECIPIENT shall adhere to the following audit requirements: 5.1.1 If the SUBRECIPIENT expends $500,000 or more in the fiscal year it shall
have a single audit or program specific audit conducted for that year. The audit shall be conducted in accordance with GAGAS and OMB Circular A-133. The audit shall determine whether
the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles. In addition to the above requirements, the auditor
shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure compliance with the procedures. Further the auditor shall determine
whether the SUBRECIPIENT has complied with laws, regulations and the provisions of this Agreement. A reporting package shall be submitted within the earlier of 30 days after receipt
of the auditor’s report(s) or nine (9) months after the end of the audit period. The reporting package will include the certified financial statements and schedule of expenditures of
Federal Awards; a summary schedule of prior audit findings; the auditor’s report and the corrective action plan. The auditor’s report shall include: a) an opinion (or disclaimer of opinion)
as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted principles and an opinion (or disclaimer of opinion) as to
whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial statements taken as a whole. b) a report on internal
controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls Page 134 of 225
RFP#09‐0044 Page 9 of 25 Neighborhood Stabilization Program February 2009 and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned
costs. c) a report on compliance with laws, regulations, and the provisions of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial
statements. This report shall also include an opinion (or disclaimer of opinion) as to whether the SUBRECIPIENT complied with the laws, regulations, and the provisions of contracts and
this Agreement which could have a direct and material effect on the program and, where applicable, refer to the separate schedule of findings and questioned costs. d) a schedule of findings
and questioned cost which shall include the requirements of OMB Circular A-133. 5.1.2 If the SUBRECIPIENT expends less than $500,000 in the fiscal year it is exempted from Federal audit
requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the SUBRECIPIENT to have a limited scope audit for monitoring
purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements: activities allowed or unallowed;
allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable, include sufficient information
to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance or a systemic problem. Where
appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT
shall establish and maintain sufficient records to enable the CITY to determine whether the SUBRECIPIENT has met the requirements of the CDBG Program. Page 135 of 225
RFP#09‐0044 Page 10 of 25 Neighborhood Stabilization Program February 2009 At a minimum, the following records shall be maintained by the SUBRECIPIENT: 6.1.1 Records providing a full
description of each activity assisted (or being assisted) with CDBG Funds, including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted, obligated
and expended for the activity, and the specific provision in 24 CFR Subpart C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each
activity undertaken meets one of the criteria set forth in 24 CFR 570.208 of the CDBG Program regulations. Where information on income by family size is required, the SUBRECIPIENT may
substitute evidence establishing that the person assisted qualified under another program having income qualification criteria at least as restrictive as that used in the definitions
of “low-and moderate-income person” and “low-and moderateincome household” as set forth in 24 CFR 570.3; or, the SUBRECIPIENT may substitute a copy of a verifiable certification from
the assisted person that his or her
family income does not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUBRECIPIENT may substitute a notice that the assisted person is a referral
from any governmental agency that determines persons to be “low-and moderate-income persons” based upon HUD’s criteria and agrees to maintain documentation supporting those determinations.
Such records shall include the following information: (i) For each activity determined to benefit low-and moderate-income persons, the income limits applied and the point in time when
the benefit was determined. (ii) For each activity determined to benefit low-and moderate-income persons based on the area served by the activity: (a) The boundaries of the service area;
(b) The income characteristics of families and unrelated individuals in the service area; and (c) If the percent of low-and moderate-income persons in the service area is less than 51
percent, data showing that the area qualifies under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii); Page 136 of 225
RFP#09‐0044 Page 11 of 25 Neighborhood Stabilization Program February 2009 (iii) For each activity determined to benefit low-and moderate-income persons because the activity involves
a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low-and moderate-income persons: (a) Documentation establishing that the facility
or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers, for which the
regulations provide presumptive benefit to low-and moderate-income persons; or (b) Documentation describing how the nature and, if applicable, the location of the facility or service
establishes that it is used predominantly by low-and moderate-income persons; or (c) Data showing the size and annual income of the family of each person receiving the benefit. 6.1.3
Equal Opportunity Records containing: (i) Data on the extent to which each racial and ethnic group and singleheaded households (by gender of household head) have applied for, participated
in, or benefited from, any program or activity funded in whole or in part with CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance
with any requirement to attain or maintain any particular statistical measure by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the
requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low-and
moderate-income persons and the use of local businesses. 6.1.4 Financial records, in accordance with the applicable requirements listed in 24 CFR 570.502. 6.1.5 Records required to be
maintained in accordance with other applicable laws and regulations set forth in Subpart K of 24 CFR. Page 137 of 225
RFP#09‐0044 Page 12 of 25 Neighborhood Stabilization Program February 2009 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUBRECIPIENT’S
records, including Project and programmatic records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the “Retention Period”).
All books of account and supporting documentation shall be kept by the SUBRECIPIENT at least until the expiration of the Retention Period. The SUBRECIPIENT shall maintain records sufficient
to meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUBRECIPIENT further agrees to abide
by Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUBRECIPIENT shall ensure that the Agreement Records shall be at all
times subject to and available for full access and review, inspection and audit by the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The SUBRECIPIENT
shall include in all the Department approved subcontracts used to engage subcontractors to carry out any eligible substantive project or programmatic activities, as such activities are
described in this Agreement and defined by the Department, each of the record-keeping and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine
when services are eligible substantive project and/or programmatic activities and subject to the audit and record-keeping requirements described in this Agreement 6.2.3 If the CITY or
the SUBRECIPIENT has received or given notice of any kind indicating any threatened or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities
and/or the Work Program or under the terms of this Agreement, the Retention Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the
sole and absolute discretion of the Department fully, completely and finally resolved. 6.2.4 The SUBRECIPIENT shall notify the Department in writing both during the pendency of this
Agreement and after its expiration/termination as part of the final closeout procedure, of the address where all Agreement Records will be retained. Page 138 of 225
RFP#09‐0044 Page 13 of 25 Neighborhood Stabilization Program February 2009 6.2.5 The SUBRECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement
Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUBRECIPIENT shall provide all Agreement
Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department shall
have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty-free, nonexclusive,
and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUBRECIPIENT receives funds from, or
is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, regulatory examinations, or other similar reports, the SUBRECIPIENT shall provide
a copy of each such report and any follow-up communications and reports to the Department immediately upon such issuance, unless such disclosure would be prohibited by any such issuing
agency. 6.4 MONITORING: The SUBRECIPIENT shall permit the Department and other persons duly authorized by the Department to inspect all Agreement Records, facilities, goods, and activities
of the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees
of the SUBRECIPIENT. Following such inspection or interviews, the Department will deliver to the SUBRECIPIENT a report of its findings. The SUBRECIPIENT will rectify all deficiencies
cited by the Department within the specified period of time set forth in the report or provide the Department with a reasonable justification for not correcting the same. The Department
will determine in its sole and absolute discretion whether or not the SUBRECIPIENT’S justification is acceptable. Page 139 of 225
RFP#09‐0044 Page 14 of 25 Neighborhood Stabilization Program February 2009 At the request of the CITY, the SUBRECIPIENT shall transmit to the CITY written statements of the SUBRECIPIENT’s
official policies on specified issues relating to the SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY
staff; the SUBRECIPIENT shall ensure the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by
the CITY or obtained through monitoring and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUBRECIPIENT shall report
to the Department the name, purpose for and any and all other relevant information in connection with any related-party transaction. The term “related-party transaction” includes, but
is not limited to, a for-profit or nonprofit subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUBRECIPIENT
is responsible for appointing memberships. The SUBRECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship
prior to or simultaneously with the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS
7.1 The SUBRECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201. 7.2 The SUBRECIPIENT shall ensure and maintain
documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides benefit to low and moderate-income persons.
7.3 The SUBRECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with all applicable federal laws and regulations described
therein. 7.4 The SUBRECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures, including the appropriate area committees, of the Page
140 of 225
RFP#09‐0044 Page 15 of 25 Neighborhood Stabilization Program February 2009 activities of the SUBRECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT
shall attend meetings of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 SUBRECIPIENT shall,
to the greatest possible, give low-and-moderate-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION: The SUBRECIPIENT shall not discriminate
on the basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under
this Agreement. Furthermore, the SUBRECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital
status or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
7.7 The SUBRECIPIENT shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24
CFR 570.600-612). 7.8 The Subrecipient and its subcontractors shall comply with the Davis-Bacon Act, the Lead-Based paint Poisoning Prevention Act, and any other applicable laws, ordinances
and regulations. 7.9 The SUBRECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.10 UNIFORM ADMINISTRATIVE
REQUIREMENTS. The SUBRECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for Non-Profit Organizations” and with the applicable requirements
of 24 CFR Part 84 (the revised OMB Circular No. A-110). 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the
SUBRECIPIENT agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.200(j). Page 141 of 225
RFP#09‐0044 Page 16 of 25 Neighborhood Stabilization Program February 2009 In accordance with the First Amendment of the United States Constitution, particularly regarding the relationship
between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided to primarily religious entities for any activities, including secular
activities, as provided in 24 CFR Part 570.200(j). The SUBRECIPIENT shall comply with those requirements and prohibitions when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon
expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time of expiration/termination and any accounts receivable attributable
to the use of CDBG Funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured thirty (30) days after the SUBRECIPIENT’S receipt of notice from the
CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action for damages or equitable relief, or any other remedy provided at law
or in equity. In addition to the remedies of the CITY set forth herein, if the SUBRECIPIENT materially fails to comply with the terms of this Agreement, the CITY may suspend or terminate
this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement. 7.14 The SUBRECIPIENT shall not assume the CITY’s environmental responsibilities
described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility for initiating the review process under Executive Order 12372. ARTICLE VIII PROGRAM INCOME 8.1
Program income means gross income received by the SUBRECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is generated by an activity that is
only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG funded activities shall be used
only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such activities. Any program income
on hand when this Agreement Page 142 of 225
RFP#09‐0044 Page 17 of 25 Neighborhood Stabilization Program February 2009 expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by
24 CFR 570.503(b)(7) of the CDBG Program regulations. The SUBRECIPIENT shall submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report
shall identify CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be
remitted to the CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX
REMEDIES, SUSPENSION, TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required
pursuant to this Agreement without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUBRECIPIENT, who shall be paid for those services
performed prior to the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUBRECIPIENT an amount in excess of the total sum provided by this
Agreement. It is hereby understood by and between the CITY and the SUBRECIPIENT that any payment made in accordance with this Agreement to the SUBRECIPIENT shall be made only if the
SUBRECIPIENT is not in default under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever.
If the SUBRECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments
pending correction of the deficiency by the SUBRECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both
the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. Page 143 of 225
RFP#09‐0044 Page 18 of 25 Neighborhood Stabilization Program February 2009 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded to the SUBRECIPIENT. 9.1.4 Withhold
further CDBG grants and/or loans for the SUBRECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The Department may, for reasonable cause
temporarily suspend the SUBRECIPIENT’S operations and authority to obligate funds under this Agreement or withhold payments to the SUBRECIPIENT pending necessary corrective action by
the SUBRECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective or improper use of the CDBG Funds
by the SUBRECIPIENT; (ii) Failure by the SUBRECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUBRECIPIENT to submit any documents required
by this Agreement; or (iv) The SUBRECIPIENT’S submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUBRECIPIENT’S authority to obligate funds,
withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by this Agreement. 9.2.4 The Department
will notify the SUBRECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person delivery with proof of delivery. The
notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(s). 9.3 TERMINATION: 9.3.1 Termination Because
of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the CITY’S funding source de-obligates the funds
allocated to fund this Agreement, the Department may terminate this Page 144 of 225
RFP#09‐0044 Page 19 of 25 Neighborhood Stabilization Program February 2009 Agreement upon not less than twenty-four (24) hours prior notice in writing to the SUBRECIPIENT. Said notice
shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY’S funding source reduces the CITY’S entitlement
under the CDBG Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUBRECIPIENT pursuant to this Agreement. 9.3.2 Termination for
Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion, that the SUBRECIPIENT is not materially
complying with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the Department determines, in its sole and
absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or nature whatsoever of the SUBRECIPIENT to
the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 9.3.3 Unless the SUBRECIPIENT’S breach is waived by the Department in writing, the Department
may, by written notice to the SUBRECIPIENT, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said notice shall be delivered by certified mail,
return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach
and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not be, construed to limit the Department’s right
to legal or equitable remedies. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION. The SUBRECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities,
losses, and causes of action which may arise out of the SUBRECIPIENT’S activities related to the Work Program or otherwise Page 145 of 225
RFP#09‐0044 Page 20 of 25 Neighborhood Stabilization Program February 2009 under this Agreement, including all acts or omissions to act on the part of the SUBRECIPIENT and/or any persons
acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs, attorney’s fees, expenses,
and liabilities incurred by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement shall be binding unless in
writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents developed by the SUBRECIPIENT
under this Agreement shall be delivered to the CITY upon completion of the activities required pursuant to this Agreement and shall become the property of the CITY, without restriction
or limitation on their use if requested by the City. The SUBRECIPIENT agrees that all documents maintained and generated pursuant to this Agreement shall be subject to all provisions
of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the CITY to the SUBRECIPIENT pursuant
to this Agreement shall at all times remain the property of the CITY and shall not be used by the SUBRECIPIENT for any other purpose whatsoever without the prior written consent of the
CITY. 10.4 AWARD OF AGREEMENT. The SUBRECIPIENT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that it has not
offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award
of this Agreement. 10.5 NON-DELEGABILITY. The obligations undertaken by the SUBRECIPIENT pursuant to this Agreement shall not be delegated or assigned to any other person or firm, in
whole or in part, without the CITY’S prior written consent which may be granted or withheld in the CITY’S sole discretion. 10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed
and enforced according to the laws of the State of Florida. Page 146 of 225
RFP#09‐0044 Page 21 of 25 Neighborhood Stabilization Program February 2009 10.7 CONFLICT OF INTEREST. 10.7.1 The SUBRECIPIENT covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with CDBG Program funded activities has any personal financial interest, direct or indirect, in this Agreement. The SUBRECIPIENT
further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such interest on the part of the SUBRECIPIENT or its
employees must be disclosed in writing to the CITY. 10.7.2 The SUBRECIPIENT is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V),
Dade County, Florida (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of the
same. 10.7.3 Procurement. The SUBRECIPIENT shall comply with the standards contained within OMB Circular No. A-110. 10.7.4 In all other cases, the SUBRECIPIENT shall comply with the
standards contained within 24 CFR 570.611 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the SUBRECIPIENT agrees and understands that the CITY has no obligation
to renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the
rights, duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in
this Agreement are of no force or effect. 10.10 GENERAL CONDITIONS. 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing
and shall be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon
notice in writing. Such Page 147 of 225
RFP#09‐0044 Page 22 of 25 Neighborhood Stabilization Program February 2009 notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI GARDENS Daniel A. Rosemond, Director Department of Community Development 1515 N.W. 167 Street; Bldg. 5,
Ste. 200 Miami Gardens, Florida 33169 SUBRECIPIENT 10.10.2 Title and paragraph headings are for convenient reference and are not a part of this Agreement. 10.10.3 In the event of conflict
between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall control. 10.10.4 No waiver of breach of any provision
of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. 10.10.5 Should
any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform
with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining terms and provisions of this Agreement shall remain
unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR. THE SUBRECIPIENT and its employees and agents shall be deemed to be independent contractors and not agents or employees
of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded Page 148 of 225
RFP#09‐0044 Page 23 of 25 Neighborhood Stabilization Program February 2009 classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker’s Compensation
benefits as employees of the CITY. 10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives,
successors, and assigns. 10.13 SUBRECIPIENT CERTIFICATION. The SUBRECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has
been duly adopted or passed as an official act of the SUBRECIPIENT’S governing body, authorizing the execution of the Agreement, including all understandings and assurances contained
herein, and directing and authorizing the person identified as the official representative of the SUBRECIPIENT to act in connection with this Agreement and to provide such information
as may be required. Page 149 of 225
RFP#09‐0044 Page 24 of 25 Neighborhood Stabilization Program February 2009 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials
thereunto duly authorized on the date above written. SUBRECIPIENT a Florida not-for-profit corporation ATTEST: _______________________________ By: Corporate Secretary Date Name: Date
Title: SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: Ronetta Taylor Date Danny O. Crew Date City Clerk City
Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ Taren Kinglee, Director Date Sonja K. Dickens Date Human Resources/Risk
Management City Attorney Page 150 of 225
RFP#09‐0044 Page 25 of 25 Neighborhood Stabilization Program February 2009 Page 151 of 225
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) CDBG Advertising Requirement:
(Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN SUB-RECIPIENT AGREEMENT
WITH PARTNERS FOR SELF EMPLOYMENT FOR THE PROVISION OF FINANCIAL LITERACY TRAINING, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On April 8, 2009, the city‐wide financial literacy initiative was presented to the City Council
for approval. This initiative (Family First) consists of two (2) components. Component #1 consists of an outreach campaign involving radio and print media aimed at outlining the City’s
efforts and the benefits to City residents. The outreach campaign would be undertaken by the Marome Agency at a cost of $9,500 in professional fees and $34,954 in additional television,
radio, and printing costs to be paid directly to the individual media outlets for the campaign. The total amount approved by Council for component # 1 was $44,454, and would be paid
from General Funds. ITEM K-3) RESOLUTION Agreement w/Partners for Self Employment Page 152 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Component #2 consists of the actual financial literacy curriculum. The classes are expected to be offered once per
quarter and will be made up of 2‐hour classes offered once a week over a 6‐8 week period. The classes will be conducted by Partners for Self Employment (PSE), a not‐for‐profit 501 (c)
(3) agency that would provide financial literacy and self‐sufficiency training programs to low‐income individuals and families. Founded in 1993, PSE’s mission is “to support the accumulation
of assets and the financial self‐sufficiency of low‐income families by providing opportunities to make, borrow, save, and manage money.” However, due to the HUD requirement of public
notice and a 30‐day comment period, Component #2 could not be presented for approval at the April 8, 2009 meeting. The proposed annual budget for the component #2 is $36,475. The sub‐recipient
agreement between the City and PSE will be pro‐rated in the amount of $12,158, through through September 2009. PSE will be required to submit a new program proposal in the upcoming cycle
of request for proposals for the 2009‐ 10 fiscal year. Component #2 would be funded using CDBG Funds, hence all applicable federal regulations would apply. Current Situation Since the
April 8th City Council meeting, City staff has attempted to move this initiative forward in order to ensure a successful program implementation. However, some concerns have been raised
by both the Marome Agency as well as PSE in terms of project management on the part of the City, and overall program structure (marketing efforts, partners involved, program launch dates,
etc.). The concerns raised to date have resulted in the above referenced entities reconsidering their contractual relationship with the City of Miami Gardens. The attached resolution
seeks City Council approval to authorize the City Manager to execute a subrecipient agreement with Partners for Self‐Employment in the amount of $12,158, which covers services thru September
30, 2009. While staff continues to support this initiative for all of the reasons expressed in the April 8th agenda cover memorandum, there is uncertainty as to the official position
by both the Marome Agency and PSE in terms of moving forward with this program in light of the meetings and conversations that have taken place. Recommendation: Staff recommends Council
approval of the proposed resolution, authorizing the City Manager to execute the required sub‐recipient agreement with Partners for Self‐Employment for the provision of financial literacy
training. Attachment: Attachment A: Sub‐recipient agreement Page 153 of 225
RESOLUTION No. 2009-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
SUBRECIPIENT AGREEMENT WITH PARTNERS FOR SELF EMPLOYMENT FOR THE PROVISION OF FINANCIAL LITERACY TRAINING, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 8, 2009, the City Council approved a City-wide Financial Literacy Initiative,
and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, the Initiative consists of two components: the first component involves an outreach campaign involving radio and print media aimed at
notifying the public of the City’s efforts and the benefits to City residents, and WHEREAS, the second component consists of the actual financial literacy curriculum, and WHEREAS, in
the initial presentation to Council, it was explained, that the City would be contracting with the Partners for Self Employment, a not-for-profit 501(c)(3) agency, to provide the financial
literacy and self sufficiency training programs, and WHEREAS, the second component willbe funded using CDBG funds and the budget for the program is Thirty-Six Thousand, Four Hundred
Seventy-Five Dollars ($36,475.00), NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 154 of 225
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.
16 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 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager and City Clerk to execute and attest, respectively, that certain Sub-recipient Agreement with Partners for Self Employment for the provision of Financial Literacy Training,
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
Agreement, with one to be maintained by the City; with one to be delivered to Partners for Self Employment; 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 MAY 27,
2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City
Attorney Page 155 of 225
47 SPONSORED BY: DANNY CREW, CITY MANAGER 48 49 50 51 52 MOVED BY:_____________________ VOTE: _____ 53 Mayor Shirley Gibson (Yes) ___(No) 54 Vice Mayor Barbara Watson (Yes) ___(No) 55
Councilman Melvin L. Bratton (Yes) ___(No) 56 Councilman Aaron Campbell (Yes) ___(No) 57 Councilman Oliver Gilbert, III (Yes) ___(No) 58 Councilwoman Sharon Pritchett (Yes) ___(No) 59
Councilman André Williams (Yes) ___(No) 60 61 62 SKD/teh 8481862_1.DOC Page 156 of 225
CITY OF MIAMI GARDENS, FLORIDA COM1MUNITY DEVELOPMENT BLOCK GRANT PUBLIC SERVICE PROGRAMS AGREEMENT THIS AGREEMENT (hereinafter the “Agreement”) is entered into this 1st day of June,
2009, between the City of Miami Gardens, a municipal corporation of the State of Florida (hereinafter referred to as the “CITY”) and PARTNERS FOR SELF EMPLOYMENT, Inc., a Florida not
for profit corporation (hereinafter referred to as the “SUB-RECIPIENT”). FUNDING SOURCE: Community Development Block Grant Funds AMOUNT: $12,158______________________________________
TERM OF THE AGREEMENT: June 1, 2009 through September 30, 2009 IDIS NUMBER (to be completed by the City): __TBD____ NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein set forth, the parties understand and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS 1.1 EXHIBITS. Attached hereto and forming a part of this Agreement are the following
Exhibits: Exhibit A Corporate Resolution Authorizing Execution of this Agreement. Exhibit B Work Program Exhibit C Compensation and Budget Summary Exhibit D Certification Regarding Lobbying
Form Exhibit E Certification Regarding Debarment, Suspension and other Responsibility Matters (Primary Covered Transactions Form). Exhibit F Crime Entity Affidavit Page 157 of 225
1.2 DEFINED TERMS. As used herein the following terms shall mean: Act or 24 CFR 570 Title I of the Housing and Community Development Act of 1974, as amended. Agreement Records: Any and
all books, records, documents, information, data, papers, letters, materials, and computerized or electronic storage data and media, whether written, printed, computerized, electronic
or electrical, however collected or preserved which is or was produced, developed, maintained, completed, received or compiled by or at the direction of the SUB-RECIPIENT or any subcontractor
in carrying out the duties and obligations required by the terms of this Agreement, including, but not limited to, financial books and records, ledgers, drawings, maps, pamphlets, designs,
electronic tapes, computer drives and diskettes or surveys. CDBG Program: Community Development Block Grant Program. CDBG Requirements: The requirements contained in 24 CFR Part 570,
Rule 9I of the Florida Administrative Code and as established by the City of Miami Gardens, Florida. Department: The City of Miami Gardens Department of Community Development. Federal
Award: Any federal funds received by the SUBRECIPIENT from any source during the period of time in which the SUB-RECIPIENT is performing the obligations set forth in this Agreement.
Low-and-Moderate A member of a low-or moderate-income family Income Person: whose income is within specific income levels set forth by U.S. HUD. U.S. HUD or HUD: The United States Department
of Housing and Urban Development. 2 Page 158 of 225
ARTICLE II BASIC REQUIREMENTS The following documents must be approved by the CITY and must be on file with the Department prior to the CITY’S execution of this Agreement: 2.1 The Work
Program submitted by the SUB-RECIPIENT to the CITY which shall become attached hereto as Exhibit B to this Agreement and shall include the following: 2.1.1 The description section shall
detail the activities to be carried out by the SUBRECIPIENT. It should specifically describe the activities to be carried out as a result of the expenditure of CDBG Funds. Where appropriate
it should list measurable objectives, define the who, what, where and when of the project, and in general detail how these activities will ensure that the intended beneficiaries will
be served. 2.1.2 The schedule of activities and measurable objectives plays an essential role in the grant management system. The schedule should provide projected milestones and deadlines
for the accomplishment of tasks in carrying out the Work Program. These projected milestones and deadlines are a basis for measuring actual progress during the term of this Agreement.
These items shall be in sufficient detail to provide a sound basis for the CITY to effectively monitor performance by the SUB-RECIPIENT under this Agreement. 2.2 The Budget Summary attached
hereto as Exhibit C, which shall include: completion of the SUB-RECIPIENT’S Itemized Budget, Cost Allocation, Budget Narrative, Staff Salaries Schedule and a copy of all subcontracts.
2.3 A list of the SUB-RECIPIENT’S present officers and members of the Board (names, addresses and telephone numbers). 2.4 A list of key staff persons (with their titles) who will carry
out the Work Program. 2.5 Completion of an Authorized Representative Statement. 2.6 Completion of a Statement of Accounting System. 2.7 A copy of the SUB-RECIPIENT’S corporate personnel
policies and procedures. 2.8 Job description and resumes for all positions funded in whole or in part under this Agreement. 2.9 A letter accepting the Office of Management and Budget
(“OMB”) Circular No.A-87 “Principles for Determining Costs Applicable to Grants and Agreements with State, 3 Page 159 of 225
Local and Federally recognized Indian Tribal Governments;” OMB Circular No. A-110, Attachments “A” (Cash Depositories), “B” (Bonding and Insurance), “C” (Retention and Custodial Requirements
for Records), “F” (Standards for Financial Management Systems), “H” (Monitoring and Reporting Progress Performance), “N” (Property Management Standards), and “O” (Procurement Standards);
OMB Circular Nos. A-122 and A-21: “Cost Principles for Non-Profit Organizations and Cost Principles for Educational Institutions,” as modified by 24 CFR Section 570.502(a)(b); “Applicability
of Uniform Administrative Requirements” of the CDBG Program Regulations Final Rule and Lead Based Paint Regulations 24 CFR Part 35. 2.10 Copy of the SUB-RECIPIENT’S last federal income
tax return (IRS Form 990). 2.11 The following corporate documents: (i) Bylaws, resolutions, and incumbency certificates for the SUB-RECIPIENT, certified by the SUB-RECIPIENT’S Corporate
Secretary, authorizing the consummation of the transactions contemplated hereby, all in a form satisfactory to the CITY. 2.12 ADA Certification. 2.13 Drug Free Certification. 2.14 All
other documents reasonably required by the CITY. ARTICLE III TERMS AND PROCEDURES 3.1 CITY AUTHORIZATION: For the purpose of this Agreement, the Department will act on behalf of the
CITY in the fiscal control, programmatic monitoring and modification of this Agreement, except as otherwise provided in this Agreement. 3.2 EFFECTIVE DATE AND TERM: This Agreement shall
begin on June 1, 2009 and end on September 30, 2009. 3.3 OBLIGATIONS OF SUB-RECIPIENT: The SUB-RECIPIENT shall carry out the services and activities as prescribed in its Work Program,
which is attached and incorporated herein and made a part of this Agreement, in a manner that is lawful, and satisfactory to the CITY, and in accordance with the written policies, 4
Page 160 of 225
procedures, and requirements as prescribed in this Agreement, and as set forth by HUD and the CITY. 3.4 LEVEL OF SERVICE: Should start-up time for the Work Program be required or in
the event of the occurrence of any delays in the activities thereunder, the SUB-RECIPIENT shall immediately notify the Department in writing, giving all pertinent details and indicating
when the Work Program shall begin and/or continue. It is understood and agreed that the SUB-RECIPIENT shall maintain the level of activities and expenditures in existence prior to the
execution of this Agreement. Any activities funded through or as a result of this Agreement shall not result in the displacement of employed workers, impair existing agreements for services
or activities, or result in the substitution of funds allocated under this Agreement for other funds in connection with work which would have been performed in the absence of this Agreement.
ARTICLE IV CDBG FUNDING AND DISBURSEMENT REQUIREMENTS 4.1 COMPENSATION The amount of compensation payable by the CITY to the Project Sponsor shall be based on the rates, schedules and
conditions described in Exhibit “C” attached hereto, which by this reference is incorporated into this Agreement.” 4.2 INSURANCE: At all times during the term hereof, the SUB-RECIPIENT
shall maintain insurance acceptable to the CITY. Prior to commencing any activity under this Agreement, the SUBRECIPIENT shall furnish to the CITY original certificates of insurance
indicating that the SUBRECIPIENT is in compliance with the provisions of this Article. 4.2.1 The SUB-RECIPIENT shall provide the following coverage: (i) Commercial General Liability
in an amount not less than $300,000.00 per occurrence, $1,000,000.00 aggregate, protecting the CITY and the SUB-RECIPIENT against liability incidental to the use of, or resulting from
an accident occurring on or about, its property. 5 Page 161 of 225
(ii) Automobile liability for all owned vehicles and for non-owned and hired automobiles in the amount of $300,000 combined single limit for bodily and property damage and/or split limits
in the amount of $100,000/$300,000 for bodily injury and $100,000 for property damage. (iii) Workers' compensation insurance as required by the laws of the State of Florida. 4.2.2 All
such insurance shall insure the CITY as the primary additional insured. The SUB-RECIPIENT shall be required to furnish evidence of any other insurance coverage the CITY may reasonably
require during the term of this Agreement. All such policies shall require the insurance carrier to give the CITY at least 30 days prior written notice of termination, cancellation,
expiration or modification, and all such policies shall be written by insurance companies satisfactory to the CITY. 4.2.3 Crime Policy (Employee Coverage) for all persons handling funds
received or disbursed under this Agreement in an amount equal to or greater than one third (1/3) the amount of the grant of funds hereunder. The CITY shall be named as Loss Payee. 4.2.4
Compliance with the foregoing requirements shall not relieve the SUBRECIPIENT of its liability and obligations under this section or under any other section of this Agreement. 4.2.5
SUB-RECIPIENT shall apply and obtain any other insurance coverage that the CITY may require for the execution of the Agreement. 4.2.6. SUB-RECIPIENT shall indemnify, defend and hold
harmless the City and its officials, employees and agents (collectively referred to as “Indemnities”) and each of them from and against all loss, costs, penalties, fines, damages, claims,
expenses (including attorney’s fees) or liabilities (collectively referred to as “Liabilities”) by reason of any injury to or death of any person or damage to or destruction or loss
of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is caused, in whole
or in part, by any act, omission, default or negligence (whether active or passive) of Sub-recipient or its employees, agents 6 Page 162 of 225
or subcontractors, or (ii) the failure of the Sub-recipient to comply with any of the paragraphs herein or the failure of the Sub-recipient to conform to statutes, ordinances, or other
regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Subrecipient expressly agrees to indemnify and hold
harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Sub-recipient, or any of its subcontractors, as
provided above, for which the Sub-recipient’s liability to such employee or former employee would otherwise be limited to payments under state Workers’ Compensation or similar laws.
4.3 FINANCIAL ACCOUNTABILITY: The CITY reserves the right to audit the records of the SUB-RECIPIENT at any time during the performance of this Agreement and for a period of three years
after its expiration/termination. The SUB-RECIPIENT agrees to provide all financial and other applicable records and documentation of services to the CITY. Any payment made shall be
subject to reduction for amounts included in the related invoice which are found by the CITY, on the basis of such audit, not to constitute allowable expenditures. Any payments made
to the SUB-RECIPIENT are subject to reduction for overpayments on previously submitted invoices. 4.4 RECAPTURE OF FUNDS: The CITY reserves the right to recapture funds in the event that
the SUB-RECIPIENT shall fail: (i) to comply with the terms of this Agreement, or (ii) to accept conditions imposed by the CITY at the direction of the federal, state and local agencies.
4.5 CONTINGENCY CLAUSE: Funding pursuant to this Agreement is contingent on the availability of funds and continued authorization for CDBG Program activities, and is also subject to
amendment or termination due to lack of funds or authorization, reduction of funds, and/or changes in regulations. ARTICLE V AUDIT 5.1 As a necessary part of this Agreement, the SUB-RECIPIENT
shall adhere to the following audit requirements: 7 Page 163 of 225
5.1.1 If the SUB-RECIPIENT expends $500,000 or more in the fiscal year it shall have a single audit or program specific audit conducted for that year. The audit shall be conducted in
accordance with GAGAS and OMB Circular A-133. The audit shall determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted
accounting principles. In addition to the above requirements, the auditor shall perform procedures to obtain an understanding of internal controls and perform sufficient testing to ensure
compliance with the procedures. Further the auditor shall determine whether the SUB-RECIPIENT has complied with laws, regulations and the provisions of this Agreement. A reporting package
shall be submitted within the earlier of 30 days after receipt of the auditor’s report(s) or nine (9) months after the end of the audit period. The reporting package will include the
certified financial statements and schedule of expenditures of Federal Awards; a summary schedule of prior audit findings; the auditor’s report and the corrective action plan. The auditor’s
report shall include: a) an opinion (or disclaimer of opinion) as to whether the financial statements are presented fairly in all material respects in conformity with generally accepted
principles and an opinion (or disclaimer of opinion) as to whether the schedule of expenditures of Federal Awards is presented fairly in all material respects in relation to the financial
statements taken as a whole. b) a report on internal controls related to the financial statements and major programs. This report shall describe the scope of testing of internal controls
and the results of the test, and, where applicable, refer to the separate schedule of findings and questioned costs. c) a report on compliance with laws, regulations, and the provisions
of contracts and/or this Agreement, noncompliance with which could have a material effect on the financial statements. This report shall also include an opinion (or disclaimer of opinion)
as to whether the SUB-RECIPIENT complied with the laws, regulations, and the provisions of contracts and this Agreement which could have a direct and material effect on the program and,
where applicable, refer to the separate schedule of findings and questioned costs. 8 Page 164 of 225
d) a schedule of findings and questioned cost which shall include the requirements of OMB Circular A-133. 5.1.2 If the SUB-RECIPIENT expends less than $500,000 in the fiscal year it
is exempted from Federal audit requirements for that year and consequently the audit cost is not a reimbursable expense. The City, however, may request the SUB-RECIPIENT to have a limited
scope audit for monitoring purposes. These limited scope audits will be paid for and arranged by the City and address only one or more of the following types of compliance requirements:
activities allowed or unallowed; allowable costs/cost principles; eligibility; matching, level of effort, earmarking; and, reporting. All reports presented to the City shall, where applicable,
include sufficient information to provide a proper perspective for judging the prevalence and consequences of the findings, such as whether an audit finding represents an isolated instance
or a systemic problem. Where appropriate, instances identified shall be related to the universe and the number of cases examined and quantified in terms of dollar value. ARTICLE VI RECORDS
AND REPORTS 6.1 The SUB-RECIPIENT shall establish and maintain sufficient records to enable the CITY to determine whether the SUB-RECIPIENT has met the requirements of the CDBG Program.
At a minimum, the following records shall be maintained by the SUB-RECIPIENT: 6.1.1 Records providing a full description of each activity assisted (or being assisted) with CDBG Funds,
including its location (if the activity has a geographical locus), the amount of CDBG Funds budgeted, obligated and expended for the activity, and the specific provision in 24 CFR Subpart
C of the CDBG Program regulations under which the activity is eligible. 6.1.2 Records demonstrating that each activity undertaken meets one of the criteria set forth in 24 CFR 570.208
of the CDBG Program regulations. Where information on income by family size is required, the SUB-RECIPIENT may substitute evidence establishing that the person assisted qualified under
another program having income qualification criteria at least as restrictive as that used in the definitions of “low-and moderate-income person” and “low-and moderate-9 Page 165 of 225
income household” as set forth in 24 CFR 570.3; or, the SUB-RECIPIENT may substitute a copy of a verifiable certification from the assisted person that his or her family income does
not exceed the applicable income limit established in accordance with 24 CFR 570.3; or, the SUB-RECIPIENT may substitute a notice that the assisted person is a referral from any governmental
agency that determines persons to be “low-and moderate-income persons” based upon HUD’s criteria and agrees to maintain documentation supporting those determinations. Such records shall
include the following information: (i) For each activity determined to benefit low-and moderate-income persons, the income limits applied and the point in time when the benefit was determined.
(ii) For each activity determined to benefit low-and moderate-income persons based on the area served by the activity: (a) The boundaries of the service area; (b) The income characteristics
of families and unrelated individuals in the service area; and (c) If the percent of low-and moderate-income persons in the service area is less than 51 percent, data showing that the
area qualifies under the exception criteria set forth in 24 CFR 570.208(a)(1)(ii); (iii) For each activity determined to benefit low-and moderate-income persons because the activity
involves a facility or service designed for use by a limited clientele consisting exclusively or predominantly of low-and moderate-income persons: (a) Documentation establishing that
the facility or service is designed for and used by senior citizens, disabled persons, battered spouses, abused children, the homeless, illiterate persons, or migrant farm workers, for
which the regulations provide presumptive benefit to low-and moderate-income persons; or (b) Documentation describing how the nature and, if applicable, the location of the facility
or service establishes that it is used predominantly by low-and moderate-income persons; or 10 Page 166 of 225
(c) Data showing the size and annual income of the family of each person receiving the benefit. 6.1.3 Equal Opportunity Records containing: (i) Data on the extent to which each racial
and ethnic group and singleheaded households (by gender of household head) have applied for, participated in, or benefited from, any program or activity funded in whole or in part with
CDBG Funds. Such information shall be used only as a basis for further investigation relating to compliance with any requirement to attain or maintain any particular statistical measure
by race, ethnicity, or gender in covered programs. (ii) Documentation of actions undertaken to meet the requirements of 24 CFR 570.607(b) which implements Section 3 of the Housing and
Urban Development Act of 1968, as amended (12 U.S.C. 1701U) relative to the hiring and training of low-and moderate-income persons and the use of local businesses. 6.1.4 Financial records,
in accordance with the applicable requirements listed in 24 CFR 570.502. 6.1.5 Records required to be maintained in accordance with other applicable laws and regulations set forth in
Subpart K of 24 CFR. 6.2 RETENTION AND ACCESSIBILITY OF RECORDS: 6.2.1 The Department shall have the authority to review the SUB-RECIPIENT’S records, including Project and programmatic
records and books of account, for a period of three (3) years from the expiration/termination of this Agreement (the “Retention Period”). All books of
account and supporting documentation shall be kept by the SUB-RECIPIENT at least until the expiration of the Retention Period. The SUB-RECIPIENT shall maintain records sufficient to
meet the requirements of 24 CFR 570. All records and reports required herein shall be retained and made accessible as provided thereunder. The SUB-RECIPIENT further agrees to abide by
Chapter 119, Florida Statutes, as the same may be amended from time to time, pertaining to public records. The SUB-RECIPIENT shall ensure that the Agreement Records shall be at all times
subject to and available for full access and review, inspection and audit by 11 Page 167 of 225
the CITY, federal personnel and any other personnel duly authorized by the CITY. 6.2.2 The SUB-RECIPIENT shall include in all the Department approved subcontracts used to engage subcontractors
to carry out any eligible substantive project or programmatic activities, as such activities are described in this Agreement and defined by the Department, each of the record-keeping
and audit requirements detailed in this Agreement. The Department shall in its sole discretion determine when services are eligible substantive project and/or programmatic activities
and subject to the audit and record-keeping requirements described in this Agreement 6.2.3 If the CITY or the SUB-RECIPIENT has received or given notice of any kind indicating any threatened
or pending litigation, claim or audit arising out of the activities pursuant to the project, the activities and/or the Work Program or under the terms of this Agreement, the Retention
Period shall be extended until such time as the threatened or pending litigation, claim or audit is, in the sole and absolute discretion of the Department fully, completely and finally
resolved. 6.2.4 The SUB-RECIPIENT shall notify the Department in writing both during the pendency of this Agreement and after its expiration/termination as part of the final closeout
procedure, of the address where all Agreement Records will be retained. 6.2.5 The SUB-RECIPIENT shall obtain the prior written consent of the Department to the disposal of any Agreement
Records within one year after the expiration of the Retention Period. 6.3 PROVISION OF RECORDS: 6.3.1 At any time upon request by the Department, the SUB-RECIPIENT shall provide all
Agreement Records to the Department. The requested Agreement Records shall become the property of the Department without restriction, reservation, or limitation on their use. The Department
shall have unlimited rights to all books, articles, or other copyrightable materials developed in the performance of this Agreement. These rights include the right of royalty-free, nonexclusive,
and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the Work Program for public purposes. 6.3.2 If the SUB-RECIPIENT receives funds from,
or is under regulatory control of, other governmental agencies, and those agencies issue monitoring reports, 12 Page 168 of 225
regulatory examinations, or other similar reports, the SUB-RECIPIENT shall provide a copy of each such report and any follow-up communications and reports to the Department immediately
upon such issuance, unless such disclosure would be prohibited by any such issuing agency. 6.4 MONITORING: The SUB-RECIPIENT shall permit the Department and other persons duly authorized
by the Department to inspect all Agreement Records, facilities, goods, and activities of the SUBRECIPIENT which are in any way connected to the activities undertaken pursuant to the
terms of this Agreement, and/or interview any clients, employees, subcontractors or assignees of the SUB-RECIPIENT. Following such inspection or interviews, the Department will deliver
to the SUB-RECIPIENT a report of its findings. The SUB-RECIPIENT will rectify all deficiencies cited by the Department within the specified period of time set forth in the report or
provide the Department with a reasonable justification for not correcting the same. The Department will determine in its sole and absolute discretion whether or not the SUB-RECIPIENT’S
justification is acceptable. At the request of the CITY, the SUB-RECIPIENT shall transmit to the CITY written statements of the SUB-RECIPIENT’s official policies on specified issues
relating to the SUBRECIPIENT’s activities. The CITY will carry out monitoring and evaluation activities, including visits and observations by CITY staff; the SUB-RECIPIENT shall ensure
the cooperation of its employees and its Board members in such efforts. Any inconsistent, incomplete, or inadequate information either received by the CITY or obtained through monitoring
and evaluation by the CITY, shall constitute cause for the CITY to terminate this Agreement. 6.5 RELATED PARTIES: The SUB-RECIPIENT shall report to the Department the name, purpose for
and any and all other relevant information in connection with any related-party transaction. The term “related-party transaction” includes, but is not limited to, a for-profit or nonprofit
subsidiary or affiliate organization, an organization with an overlapping Board of Directors and an organization for which the SUB-RECIPIENT is responsible for appointing memberships.
The SUB-RECIPIENT shall report this information to the Department upon forming the relationship, or if already formed, shall report such relationship prior to or simultaneously with
the execution of this Agreement. Any supplemental information shall be promptly reported to the Department. 13 Page 169 of 225
ARTICLE VII OTHER CDBG PROGRAM REQUIREMENTS 7.1 The SUB-RECIPIENT shall maintain current documentation that its activities are CDBG eligible in accordance with 24 CFR Part 570.201. 7.2
The SUB-RECIPIENT shall ensure and maintain documentation that conclusively demonstrates that each activity assisted in whole or in part with CDBG Funds is an activity which provides
benefit to low and moderate-income persons. 7.3 The SUB-RECIPIENT shall comply with all applicable provisions of 24 CFR Part 570 and shall carry out each activity in compliance with
all applicable federal laws and regulations described therein. 7.4 The SUB-RECIPIENT shall cooperate with the Department in informing the appropriate citizen participation structures,
including the appropriate area committees, of the activities of the SUB-RECIPIENT in adhering to the provisions of this Agreement. Representatives of the SUBRECIPIENT shall attend meetings
of the appropriate committees and citizen participation structures upon the request of the citizen participation officers or the Department. 7.5 SUB-RECIPIENT shall, to the greatest
possible, give low-and-moderate-income residents of the service areas opportunities for training and employment. 7.6 NON-DISCRIMINATION: The SUB-RECIPIENT shall not discriminate on the
basis of race, color, national origin, sex, religion, age, marital or family status or handicap in connection with the activities and/or the Work Program or its performance under this
Agreement. Furthermore, the SUB-RECIPIENT agrees that no otherwise qualified individual shall, solely by reason of his/her race, sex, color, creed, national origin, age, marital status
or handicap, be excluded from the participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 7.7
The SUB-RECIPIENT shall carry out its Work Program in compliance with all federal laws and regulations, including those described in Subpart K of the CDBG Program regulations (24 CFR
570.600-612). 7.8 The SUB-RECIPIENT and its subcontractors shall comply with the Davis-Bacon Act, the Lead-Based paint Poisoning Prevention Act, and any other applicable laws, ordinances
and regulations. 14 Page 170 of 225
7.9 The SUB-RECIPIENT shall abide by the Federal Labor Standards provisions of U.S. HUD Form 4010 incorporated herein as part of this Agreement. 7.10 UNIFORM ADMINISTRATIVE REQUIREMENTS.
The SUB-RECIPIENT shall comply with the requirements and standards of OMB Circular No. A-122, “Cost Principles for Non-Profit Organizations” and with the applicable requirements of 24
CFR Part 84 (the revised OMB Circular No. A-110). 7.11 RELIGIOUS ORGANIZATIONS/CONSTITUTIONAL PROHIBITION. If the SUBRECIPIENT is or was created by a religious organization, the SUB-RECIPIENT
agrees that all CDBG Funds disbursed under this Agreement shall be subject to the conditions, restrictions, and limitations of 24 CFR Part 570.200(j). In accordance with the First Amendment
of the United States Constitution, particularly regarding the relationship between church and State, as a general rule, CDBG assistance may not be used for religious activities or provided
to primarily religious entities for any activities, including secular activities, as provided in 24 CFR Part 570.200(j). The SUB-RECIPIENT shall comply with those requirements and prohibitions
when entering into subcontracts. 7.12 REVERSION OF ASSETS. Upon expiration/termination of this Agreement, the SUBRECIPIENT must transfer to the CITY any CDBG Funds on hand at the time
of expiration/termination and any accounts receivable attributable to the use of CDBG Funds. 7.13 ENFORCEMENT OF THIS AGREEMENT. Any violation of this Agreement that remains uncured
thirty (30) days after the SUB-RECIPIENT’S receipt of notice from the CITY (by certified or registered mail) of such violation may, at the option of the CITY, be addressed by an action
for damages or equitable relief, or any other remedy provided at law or in equity. In addition to the remedies of the CITY set forth herein, if the SUB-RECIPIENT materially fails to
comply with the terms of this Agreement, the CITY may suspend or terminate this Agreement in accordance with 24 CFR Part 85.43, as set forth more fully below in Article IX of this Agreement.
7.14 The SUB-RECIPIENT shall not assume the CITY’s environmental responsibilities described at 24 CFR 570.604 of the CDBG Program regulations nor the CITY’s responsibility for initiating
the review process under Executive Order 12372. 15 Page 171 of 225
ARTICLE VIII PROGRAM INCOME 8.1 Program income means gross income received by the SUB-RECIPIENT which has been directly generated from the use of the CDBG Funds. When such income is
generated by an activity that is only partially assisted with the CDBG Funds, the income shall be prorated to reflect the percentage of CDBG Funds used. Program income generated by CDBG
funded activities shall be used only to undertake those activities specifically approved by the CITY on and for the Work Program. All provisions of this Agreement shall apply to such
activities. Any program income on hand when this Agreement expires/terminates or received after such expiration/termination shall be paid to the CITY, as required by 24 CFR 570.503(b)(7)
of the CDBG Program regulations. The SUB-RECIPIENT shall submit to the CITY monthly a Program Income Report and a Work Program Status Report. The Program Income Report shall identify
CDBG activities in which income was derived and how income has been utilized. 8.2 REPAYMENTS. Any interest or other return on the investment of the CDBG Funds shall be remitted to the
CITY on a monthly basis. Any CDBG Funds funded to the SUBRECIPIENT that do not meet the eligibility requirements, as applicable, must be repaid to the CITY. ARTICLE IX REMEDIES, SUSPENSION,
TERMINATION 9.1 REMEDIES FOR NONCOMPLIANCE. The CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to this Agreement
without penalty to the CITY. In that event, notice of termination of this Agreement shall be in writing to the SUB-RECIPIENT, who shall be paid for those services performed prior to
the date of its receipt to the notice of termination. In no case, however, shall the CITY pay the SUB-RECIPIENT an amount in excess of the total sum provided by this Agreement. It is
hereby understood by and between the CITY and the SUB-RECIPIENT that any payment made in accordance with this Agreement to the SUB-RECIPIENT shall be made only if the SUB-RECIPIENT is
not in default default under the terms of this Agreement. If the SUBRECIPIENT is in default, the CITY shall not be obligated and shall not pay to the SUBRECIPIENT any sum whatsoever.
16 Page 172 of 225
If the SUB-RECIPIENT materially fails to comply with any term of this Agreement, the CITY may take one or more of the following courses of action: 9.1.1 Temporarily withhold cash payments
pending correction of the deficiency by the SUB-RECIPIENT, or such more severe enforcement action as the CITY determines is necessary or appropriate. 9.1.2 Disallow (that is, deny both
the use of funds and matching credit) for all or part of the cost of the activity or action not in compliance. 9.1.3 Wholly or partly suspend or terminate the current CDBG Funds awarded
to the SUB-RECIPIENT. 9.1.4 Withhold further CDBG grants and/or loans for the SUB-RECIPIENT. 9.1.5 Take all such other remedies that may be legally available. 9.2 SUSPENSION: 9.2.1 The
Department may, for reasonable cause temporarily suspend the SUBRECIPIENT’S operations and authority to obligate funds under this Agreement or withhold payments to the SUB-RECIPIENT
pending necessary corrective action by the SUB-RECIPIENT, or both. Reasonable cause shall be determined by the Department in its sole and absolute discretion, and may include: (i) Ineffective
or improper use of the CDBG Funds by the SUB-RECIPIENT; (ii) Failure by the SUB-RECIPIENT to materially comply with any term or provision of this Agreement; (iii) Failure by the SUB-RECIPIENT
to submit any documents required by this Agreement; or (iv) The SUB-RECIPIENT’S submittal of incorrect or incomplete documents. 9.2.2 The Department may at any time suspend the SUB-RECIPIENT’S
authority to obligate funds, withhold payments, or both. 9.2.3 The actions described in paragraphs 9.2.1 and 9.2.2 above may be applied to all or any part of the activities funded by
this Agreement. 9.2.4 The Department will notify the SUB-RECIPIENT in writing of any action taken pursuant to this Article, by certified mail, return receipt requested, or by in person
delivery with proof of delivery. The notification will include the reason(s) for such action, any conditions relating to the action taken, and the necessary corrective action(action(s).
17 Page 173 of 225
9.3 TERMINATION: 9.3.1 Termination Because of Lack of Funds. In the event the CITY does not receive funds to finance this Agreement from its funding source, or in the event that the
CITY’S funding source de-obligates the funds allocated to fund this Agreement, the Department may terminate this Agreement upon not less than twenty-four (24) hours prior notice in writing
to the SUB-RECIPIENT. Said notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. In the event that the CITY’S funding
source reduces the CITY’S entitlement under the CDBG Program, the CITY shall determine, in its sole and absolute discretion, the availability of funds for the SUB-RECIPIENT pursuant
to this Agreement. 9.3.2 Termination for Breach. The Department may terminate this Agreement, in whole or in part, in the event the Department determines, in its sole and absolute discretion,
that the SUBRECIPIENT is not materially complying with any term or provision of this Agreement. The Department may terminate this Agreement, in whole or in part, in the event that the
Department determines, in its sole and absolute discretion, that there exists an event of default under and pursuant to the terms of any other agreement or obligation of any kind or
nature whatsoever of the SUB-RECIPIENT to the CITY, direct or contingent, whether now or hereafter due, existing, created or arising. 9.3.3 Unless the SUB-RECIPIENT’S breach is waived
by the Department in writing, the Department may, by written notice to the SUB-RECIPIENT, terminate this Agreement upon not less than twenty-four (24) hours prior written notice. Said
notice shall be delivered by certified mail, return receipt requested, or by in person delivery with proof of delivery. Waiver of breach of any provision of this Agreement shall not
be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. The provisions hereof are not intended to be, and shall not
be, construed to limit the Department’s right to legal or equitable remedies. ARTICLE X 18 Page 174 of 225
MISCELLANEOUS PROVISIONS 10.1 INDEMNIFICATION. The SUB-RECIPIENT shall pay and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action which
may arise out of the SUB-RECIPIENT’S activities related to the Work Program or otherwise under this Agreement, including all acts or omissions to act on the part of the SUB-RECIPIENT
and/or any persons acting for or on its behalf, and from and against any relevant orders, judgments, or decrees which may be entered against the CITY, and from and against all costs,
attorney’s fees, expenses, and liabilities incurred by the CITY in the defense or investigation of any such claims or other matters. 10.2 AMENDMENTS. No amendments to this Agreement
shall be binding unless in writing and signed by both parties hereto. Budget modifications shall be approved by the Department in writing. 10.3 OWNERSHIP OF DOCUMENTS. All documents
developed by the SUB-RECIPIENT under this Agreement shall be delivered to the CITY upon completion of the the activities required pursuant to this Agreement and shall become the property
of the CITY, without restriction or limitation on their use if requested by the City. The SUB-RECIPIENT agrees that all documents maintained and generated pursuant to this Agreement
shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any document which is given by the
CITY to the SUB-RECIPIENT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the SUB-RECIPIENT for any other purpose whatsoever without
the prior written consent of the CITY. 10.4 AWARD OF AGREEMENT. The SUB-RECIPIENT warrants that is has not employed or retained any person employed by the CITY to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon
or resulting from the award of this Agreement. 10.5 NON-DELEGABILITY. The obligations undertaken by the SUB-RECIPIENT pursuant to this Agreement shall not be delegated or assigned to
any other person or firm, in whole or in part, without the CITY’S prior written consent which may be granted or withheld in the CITY’S sole discretion. 19 Page 175 of 225
10.6 CONSTRUCTION OF AGREEMENT. This Agreement shall be construed and enforced according to the laws of the State of Florida. 10.7 CONFLICT OF INTEREST. 10.7.1 The SUB-RECIPIENT covenants
that no person under its employ who presently exercises any functions or responsibilities in connection with CDBG Program funded activities has any personal financial interest, direct
or indirect, in this Agreement. The SUB-RECIPIENT further covenants that, in the performance of this Agreement, no person having such a conflicting interest shall be employed. Any such
interest on the part of the SUB-RECIPIENT or its employees must be disclosed in writing to the CITY. 10.7.2 The SUB-RECIPIENT is aware of the conflict of interest laws of the City of
Miami Gardens (Dade County Code Section 2-11-1) and the State of Florida (Chapter 112, Florida Statutes), and agrees that it shall comply in all respects with the terms of the same.
10.7.3 Procurement. The SUB-RECIPIENT shall comply with the standards contained within OMB Circular No. A-110. 10.7.4 In all other cases, the SUB-RECIPIENT shall comply with the standards
contained within 24 CFR 570.611 10.8 NO OBLIGATION TO RENEW. Upon expiration of the term of this Agreement, the SUB-RECIPIENT agrees and understands that the CITY has no obligation to
renew this Agreement. 10.9 ENTIRE AGREEMENT: This instrument and its attachments constitute the only Agreement of the parties hereto relating to the CDBG Funds and sets forth the rights,
duties, and obligations of each of the parties hereto to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement
are of no force or effect. 10.10 GENERAL CONDITIONS. 10.10.1 All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall
be delivered by in person delivery or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time, upon notice in
writing. Such 20 Page 176 of 225
notice shall be deemed given on the day on which personally served, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI
GARDENS Daniel A. Rosemond, Assistant City Manager/Community Development Director Department of Community Development 1515 N.W. 167 Street; Bldg. 5, Ste. 200 Miami Gardens, Florida 33169
SUB-RECIPIENT Partners for Self Employment, Inc. 3000 Biscayne Boulevard, Suite 215 Miami, Florida 33137 10.10.2 Title and paragraph headings are for convenient reference and are not
a part of this Agreement. 10.10.3 In the event of conflict between the terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement
shall control. 10.10.4 No waiver of breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver
shall be effective unless made in writing. 10.10.5 Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction
to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami Gardens, such provision, paragraph, sentence, word or phrase shall be deemed
modified to the extent necessary in order to conform with such laws, or if not modifiable to conform with such laws, then same shall be deemed severed, and in either event, the remaining
terms and provisions of this Agreement shall remain unmodified and in full force and effect. 10.11 INDEPENDENT CONTRACTOR. THE SUB-RECIPIENT and its employees and agents shall be deemed
to be independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights
generally afforded classified or unclassified employees; further, they shall not be deemed entitled to the Florida Worker’s Compensation benefits as employees of the CITY. 21 Page Page
177 of 225
10.12 SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto, and their respective heirs, executors, legal representatives, successors, and assigns. 10.13 SUB-RECIPIENT
CERTIFICATION. The SUB-RECIPIENT certifies that it possesses the legal authority to enter into this Agreement pursuant to authority that has been duly adopted or passed as an official
act of the SUB-RECIPIENT’S governing body, authorizing the execution of the Agreement, including all understandings and assurances contained herein, and directing and authorizing the
person identified as the official representative of the SUBRECIPIENT to act in connection with this Agreement and to provide such information as m 22 Page 178 of 225
23 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized on the date above written. SUB-RECIPIENT
Partners For Self Employment, Inc. 3000 Biscayne Boulevard, Suite 215 Miami, Florida 33137 a Florida not-for-profit corporation ATTEST: _______________________________ By: Corporate
Secretary Date Name: Date Title: _____________________ SEAL CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida ATTEST: __________________________________ By: Ronetta
Taylor Date Danny O. Crew Date City Clerk City Manager APPROVED AS TO APPROVED AS TO FORM AND INSURANCE REQUIREMENTS: CORRECTNESS: ___________________________________ Taren Kinglee,
Director Date Sonja K. Dickens Date Human Resources/Risk Management City Attorney Page 179 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 CDBG‐R ‐Page 1 of 2 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 27, 2009 Item Type: (Enter
X in box) Resolution Ordinance Other Y Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes
No X Funding Source: Community Dev G elopme Block rant (CDBGR) nt Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X
N/A Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A SUBSTANTIAL
AMENDMENT TO THE CITY OF MIAMI GARDENS’ COMMUNITY DEVELOPMENT BLOCK GRANT THIRD PROGRAM YEAR ANNUAL ACTION PLAN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. Staff Summary: Background On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 (Recovery Act). Under the Recovery Act, $1 billion in
Community Development Block Grant (CDBG‐R) funds was appropriated for local governments to carry out eligible activities on an expedited basis. Based on established formula allocations,
the City of Miami Gardens is eligible to receive $371,207 in CDBG‐R Funds. On May 4 2009, HUD released the Notice for the CDBG‐R program (Docket No. FR‐5309‐N‐01). The Notice states
that grantees carefully evaluate proposed projects for the consistency with the overarching goal of the Recovery ITEM L-1) RESOLUTION PUBLIC HEARING CDBG Third Program Year Annual Action
Plan Page 180 of 225
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 CDBG‐R ‐Page 2 of 2 Act to stimulate the economy through measures that modernize the Nation’s infrastructure, improve
energy efficiency, and expand educational opportunities and access to health care. HUD encourages utilizing CDBG‐R funds for hard development costs associated with infrastructure activities
that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. Certain activities
are prohibited and may not be funded with CDBG‐R pursuant to the Recovery Act, including swimming pools, golf courses, zoos, aquariums and casinos or other gambling establishments. Current
Situation HUD has mandated that Entitlement Communities receiving the additional funding submit a substantial amendment to their Annual Action to the local HUD office by June 5, 2009,
delineating how the funds will be used. The HUD Notice for CDBG‐R funds is not specific specific as to what projects that can be implemented with the funds. Some requirements of the
regular CDBG program have been waived in order to give grantees more flexibility in developing appropriate activities for this program. For example, HUD has waived the requirement the
grantees utilize funds to address priority need and objectives for the CDBG‐R program. However, it is stated that the funds are be used in conjunction with other Recovery Act and HUD
funding. Pursuant to the Recovery Act, the Notice states that the funds should be primarily invested in economic development, housing, infrastructure and other public facilities activities
that will quickly spur further economic investment, increased energy efficiency, and job creation and retention. Unlike regular CDBG funds, only ten percent 10% the CDBG‐R can be utilized
for administrative costs. City staff has drafted the proposed budget for the use of the CDBG‐R funds below. Housing Rehab (energy efficiency emphasis) $205,681 Infrastructure Improvements
(existing projects) $128,405 Admin (10%) $37,121 Total CDBG‐R $371,207 A resolution substantially amending the City’s third (3rd) Year Annual Action Plan is required in order to fulfill
our obligations to receive these funds. Recommendation: Staff recommends approval of the proposed resolution authorizing a substantial amendment to its third (3rd) Program Year Annual
Action Plan. Attachment: None
Page 181 of 225
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A SUBSTANTIAL AMENDMENT TO THE CITY OF MIAMI GARDENS’ COMMUNITY DEVELOPMENT BLOCK
GRANT THIRD PROGRAM YEAR ANNUAL ACTION PLAN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 17, 2009, President Obama signed the American
Recovery and Reinvestment Act of 2009 (“Recovery Act”), into law, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, under the Recovery Act, One Million Dollars ($1,000,000.00)
was appropriated to local governments to carry out eligible activities on an expedited basis, and WHEREAS, the City of Miami Gardens is eligible to receive Three Hundred Seventy-One
Thousand, Two Hundred Seven Dollars ($371,207.00) in CDBG funding, and WHEREAS, the U.S. Department of Housing and Urban Development (“HUD”) has encouraged those entitlement cities to
use their funds for infrastructure activities that provide basic services to residents or activities activities that promote energy efficiency and conservation through rehabilitation
or retrofitting of existing buildings, and WHEREAS, HUD has mandated that entitlement communities submit a substantial amendment to their Annual Action Plan to the HUD office by June
5, 2009, delineating how the funds are to be used, and WHEREAS, City staff is recommending that the funds be used for housing and rehabilitation, infrastructure improvements, and for
associated administrative costs, and WHEREAS, a public hearing on this matter was held on May 27, 2009, Page 182 of 225
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 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 49 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 a substantial amendment to its Third Program Year Annual Action Plan to accept
CDBG funding in the amount of Three Hundred Seventy-One Thousand, Two Hundred Seven Dollars ($371,207.00) for infrastructure activities. Furthermore, the City Council authorizes the
City Manager to execute any and all agreements that may be necessary in order to accept the funding. 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 MAY 27, 2009. _________________________________ SHIRLEY GIBSON, MAYOR
ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney Page 183 of 225
50 SPONSORED BY: DANNY CREW, CITY MANAGER 51 52 53 54 55 MOVED BY:_____________________ VOTE: _____ 56 Mayor Shirley Gibson (Yes) ___(No) 57 Vice Mayor Barbara Watson (Yes) ___(No) 58
Councilman Melvin L. Bratton (Yes) ___(No) 59 Councilman Aaron Campbell (Yes) ___(No) 60 Councilman Oliver Gilbert, III (Yes) ___(No) 61 Councilwoman Sharon Pritchett (Yes) ___(No) 62
Councilman André Williams (Yes) ___(No) 63 64 65 SKD/teh 8481102_1.DOC Page 184 of 225
Staff Monthly Report April 2009 CITY MANAGER • Met with Clean Cities Coalition for inclusion in their grant for Stimulus $. • Met with producers of the NBC Nightly News for documentary
on Miami Gardens. • Attended State of the City Address. • Met with Bank of America concerning possible bond issue. • Met with the President and CFO of Taurus Industries for a tour of
their Miami Gardens operations. • Met with Florida DOT regarding the possibility of improving boat ramp on US 441. • Continued working on the formal budget book. • Prepared a mail flyer
for the upcoming Police Services referendum. • Met with staff on how to address the on-gong deficit in the Building Department. • Received the Finance Director’s resignation and began
replacement process. PUBLIC WORKS (Tom Ruiz) 1. Staff continues to maintain east and west sound walls since obtaining from Turnpike Enterprise. 2. Staff continues to clean and maintain
bus bench areas throughout the City, which at times warrant changing old and worn out containers. 3. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically
pleasing. We are also spraying curbing and paved medians for weed control. 4. Staff continues to trim and prune trees citywide, especially viewing obstructions at intersections. 5. We
are working towards cleaning and vacuuming all storm basins and drainpipe city wide. At times we have repairs that warrant excavation due to sinkholes. This type of repair is very successful
as well as effective. 6. Continue to perform irrigation maintenance repair on 441 and NW 27th Avenue. M-10) REPORTS OF THE CITY MANAGER Manager's Monthly Report Page 185 of 225
1 7. Public Works issued 32 permits of which: 2 Paving & Drainage, 13 Driveways & Sidewalks, 0 Banner, and 17 Utilities. 8. Straightline Engineering continues working on the stormwater
project in the industrial area which spans from NW 47 Avenue to NW 57 Avenue and from NW 159 Street to NW 165 Street. On the critical portion of the project which is alongside NW 165
Street, all catch basins and pipes proposed on the design plans were installed. The restoration will begin on May 20th on NW 165 Street. 9. Staff recommended Craven and Thompson & Associates,
Inc to provide with design services for drainage improvements at NW 167 Street – NW 175 TH Street and NW 11TH Ave – NW 17 Avenue. Of specific concerns is the area at NW 12th Avenue and
NW 175TH Street at the school where there has been localized the flooding. The project budget is $100,000 to include design and built, and the revenues were received from a grant thru
Florida Department of Environmental Protection. 10. Straightline Engineering completed the installation of new stormwater system at 1734-1744 NW 192 Street where there was been localized
flooding issue. The project consisted on installation of three catch basins and 150 linear feet of French drains. 11. Landscaping project on NW 183 Street commenced April 13 which consists
of new installation of irrigation and landscaping on NW 183 Street from NW 2 Avenue to NW 27 Avenue (Contractor: Tran Construction, Inc.). Clearing, Grubbing, and irrigation installation
has been completed from 441 to NW 17 Ave. 12. The new Public Works building renovations is scheduled to be completed June 12th. 13. On May 6, 2009, met with Miami-Dade Transit on the
Stimulus Projects that consist of bus shelters, benches, trash receptacles, and ADA sidewalks and pads. 14. On May 4, 2009 staff attended the CTST (Community Traffic Safety Team) meeting.
15. Staff attended the Development Review Committee Meeting on April 16, 2009. Snake Creek Trail presentation and comments submitted to Planning and Zoning. 16. Interviewed for the Assistant
Public Works Director’s and Engineer II Position on April 21-23, 2009. 17. The Public Works Director attended the American Public Works Association Training Conference in West Palm Beach
on the week of April 27, 2009. 18. The Director attended the FPL Dry Hurricane Run on May 7, 2009. This meeting was to let everyone know that FPL is ready for the Hurricane Season. 19.
The Public Works Director attended the Governor’s Hurricane Conference in Broward County Convention Center on the week of May 11, 2009. Page 186 of 225
2 KEEP MIAMI GARDENS BEAUTIFUL Applied for U&CFG • $15,000 Earth Day Art Competition • Trashion Show ( competition scheduled for 5/21/09) Great American Clean up • Planning Landscape
Maintenance • 441 irrigation system has been expanded on the slope and new grass has been dropped to replace the dead grass. It will take a month to complete the entire area. North entrance
sign on 441 has been entirely planted out with drought resistant shrubs. The next two median have been scheduled to be landscaped. • Plants that were destroyed by cars have been replaced
throughout 27 Ave. Dead and dying gold mound plants are systematically being replaced throughout 27 Ave. • All irrigation zones are currently functional. Heads are being replaced to
water more efficiently. • Replaced annuals in front of all large city signs (begonias) Installation of water features on 27 ave and 215 Ave • Coordinating with Miami-Dade county, Calder
Race Course and Dolphin Stadium • Submitted-Requesting $50,000-$55,000 Miami-Dade CIAB • Applying for $75,000 funding for 183rd Street Project CIAB Presentation • Preparing Mayor’s speech
and visual aids for CIAB presentation WaterSIP Grant • Applied for $30,000 for drip irrigation system Community Beautification projects • Ongoing • 1 major community projects completed
this month Miami Gardens Elem. School planting • Scheduled Norwood Elem./NFL Tree planting • Completed Page 187 of 225
3 Tankless Water Heater Program • Finding funding opportunities Green Building Coalition • Work in progress FINANCE DEPARTMENT (William Alonso, Director) 1) Completed the April 2009
monthly budget reports for the new fiscal year, it has been posted on the city’s website and will be presented to Council during the next meeting on May 27, 2009. 2) Departments completed
their budget requests, we are not at the Assistant City Manager stage before the budget is finalized and forwarded to the Manager for final review. 3) Was advised that the property Appraiser
will be holding a meeting on Friday June 5, 2009 at the County building downtown in order to address any questions municipalities may have regarding the new tax assessments which will
be received on June 1. 4) Prepared the first draft of the budget for the City Manager’s review. HUMAN RESOURCES (Taren Kinglee) Staff attended the Florida League of Cities – Florida
Municipal Insurance Trust annual client conference. Topics included financial uncertainty and the reinsurance market, state and federal legislative updates, off premises work injuries,
and the state of worker’s compensation Staff attended the Florida League of Cities Hurricane Preparedness Symposium Coordinated review of safety videos for Parks and Public Works staff;
site inspection of Parks maintenance compound; Material Safety Data Sheets (Right to Know) compliance for Police Department; ride-along with Code Enforcement staff to assess safety exposures;
Coordinated OSHA 10 hour general industry course review for risk, police, code enforcement, and parks staff Staff attended the AvMed Customer Advisory Group Meeting on Disease Management
Completed the 2009 E-4 Survey of Government Employment Coordinated the recruitment efforts for the Parks department summer staffing Worked with Procurement on the RFPs for Supplemental
Insurance and Pre-paid Legal voluntary benefits Page 188 of 225
4 Consultation with outside council through Florida League of City regarding pending litigations Participated in the City’s Eden’s User Group meeting Responded to several public records
request Held several meetings with department supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to
salary/benefit surveys, etc. DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) CIP • Worked with county to secure SNP funding • Worked with SNP to address funding issues Norwood
Pool • Worked with staff to address spend downs: o Brentwood Pool o North Dade Optimist • Worked with City attorney/staff re: Water and Sewer agreement for Miami Carol City Park • Department
Budget Development Police Department/School Crossing Guard · Red Light Camera Project Management Monthly Statistics Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun
Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 692 704 403 394 507 723 626 196 Positions Advertised 5 9 1 4 7 8 0 1 Interviews Conducted 85 42 84 25 94 48 62 24 Pre-employ Physicals
18 11 15 15 21 11 9 53 Background/Reference Checks 14 17 9 10 13 8 9 71 New Hires 35 5 11 6 9 5 6 4 Workers Comp Claims 4 13 17 15 16 15 30 21 Exit Interviews 1 1 1 1 1 0 0 0 Promotions
4 0 0 8 1 0 7 0 Page 189 of 225
5 · Byrne Grant Submissions · COPS Grant Submissions • Department Budget development Code Enforcement · On going implement Micro Fiche project • Lien Amnesty Program Implementation •
Implemented Landlord Permitting Enforcement • Initiated Code sweep for BTR • Addressed issues with the Pleasure Emporium • Researched information re: Code Automation Other • Communications
Forum • Federal Legislative Program Development • Worked with Rep. Braynon re: CITT initiative Participated in the following Meetings/Committees (outside agency meetings): • Coconut
Cay CDD • Majorca Isles CDD • Ft. Lauderdale UASI meeting • Jazz in the Gardens Prep • Reading w/2nd and 3rd graders at Scott Lakes and Miami Gardens Elementary POLICE DEPARTMENT (Chief
Matt Boyd) Police Department Staff TOTAL BUDGETED POSITONS: 247 TOTAL HIRED TO DATE: 246 • 1 Chief • 1 Deputy Chief • 3 Majors • 9 Captains • 27 Sergeants • 150 Police Officers • 10
Community Service Aides • 18 Telecommunications Operators • 1 Telecommunications Supervisor • 1 Records Supervisor • 4 Records Clerks • 1 Executive Secretary • 5 Administrative Assistants
• 2 Property Control Officers Page 190 of 225
6 • 1 Facilities Manager • 1 Custodian • 1 Court Liaison/Off Duty • 2 Crime Analysts • 1 Management Analyst • 1 Investigative Assistant • 6 Crime Scene Technicians The monthly activity
for the Operations Division for the month of April 2009 is as follows: ARRESTS: • FELONY 98 • MISDEMEANOR 302 • TRAFFIC 416 • DUI 5 • WARRANT 29 TOTAL ARREST 850 CITATIONS: • MOVING
1819 • NON-MOVING 1115 • PARKING 189 TOTAL 3123 FIELD INTERVIEW CARDS 970 TOTAL CALLS RESPONDED TO 8464 REPORTS WRITTEN 2450 TRAFFIC CRASHES 289 The monthly activity for the Support
Services Division for the month of April 2009 is as follows: Property and Evidence, Number of property items processed: 246 -Property Receipts Processed 280 -Property Receipts Rejected
17 -Property Released 72 -Property out to Lab 0 -Property to be Disposed 8 -Lab Runs to MDPD $5,822.00 -Cash Impounded 35 -Firearms Impounded *not counting CSI direct delivered to lab.
Page 191 of 225
7 Number of reports processed and number of requests made at window for records: Reports Processed 2,521 /Walkup Requests at Window 1,109 /Mail Logged In 393 /Fingerprints 81 /Background
Checks 81 /Amount Collected At the Window $105,611.39. Number of calls received by dispatch: CAD Calls = 11,331 /Phone Calls = 13,742 /FCIC Entries = 324 /Overtime Hours = 310 Court
Liaison and Off-Duty 850 subpoenas stamped and placed in the officers’ mailboxes. 262 off duty personnel processed and entered into Eden for payroll processing. 11 off duty vendor requests
processed. 220 dispositions stamped and placed in the officers’ mailboxes. Fleet, Radio and Computer Management: Nothing Significant Significant events, new hires, programs etc.: New
Hires: Officer Alvin Rogers TCO Wendy Seiden CSA Ashley Thomas The monthly activity for the Professional Standards Division for the month of April 2009 is as follows: • No complaints
TRAINING • Classes Attended: 14 • Hours Taught: 687 • Participants (Officers/Civilians): 45 The monthly activity for the Investigations Division for the month of April 2009 is as follows:
Arrests – Total: 377 Felonies – 165 Misdemeanor – 186 Truants Returned-26 U.S. Currency Seized – $4,700 Page 192 of 225
8 Vehicles Recovered – 32 Vehicles Recovered Value-$610,000 Vehicles Processed-28 Property Recovered Value-$500 Firearms Seized – 19 Search Warrants 4 Money Laundering Task Force $1,400,000
Seized Total Cases Assigned 528 Closed 252 (+33 UNF) Rate 50.9% Scenes Processed by Crime Scene Investigations Unit-151 SPECIAL PROJECTS DIRECTOR (Brandon DeCaro) Administration • New
CIP Project Manager started Monday, 4/20/2009. Capital Improvement Projects City Hall Renovation: Close-out Phase – Jimmie Allen • Building 300 received Temporary Certificate of Occupancy
(TCO) on 3/11/09 and staff moved in on 3/13/09. • Working with contractor to complete Punch List & pending items for Final CO. • Development of plan to handle the ventilation of the
Electrical Room was provided to staff for negotiations with the Land Lord to proceed to make the necessary modifications to the room for the Fire Department final approval. Demolition
of Wachovia Building Site: Planning Phase – Brandan DeCaro • Purchasing Department ready to issue RFP for Demolition Contract. • Developing Schedule, planning options & preliminary estimate
for site improvements for review by City Manager & Deputy Manager. New City Hall: Planning Phase – Jimmie/Brandan • Preliminary Program and cost estimate reviewed by CIP Director and
revised. • Preliminary Program to be presented to Departments during June Directors Meeting. • Staff review and responses pending. Police Building: Close-out Phase – Jimmie Allen • The
contractors have finished the punch list work and the final inspections have been completed. • Contractors close-out pending. • Negotiating with the various contractors on issues to
close the project. The Building Department has not issued all Final’s as of this time. Police CSI Lab: Design Phase 50% completed – Anthony Smith Page 193 of 225
9 • Kick-off meeting with Police staff & A/E Team for CSI Lab Unit and the remodeling of the Sergeants Work Room held 4/08/09. • Preliminary Schedule and Estimate submitted to CIP for
comments 4/13/09. • Meeting held with Police staff on 4/17/09 to review & approve schematic Floor Plans. Design Development drawings submitted to CIP on 4/24/09. • Revised Project Schedule
submitted to CIP and approved on 5/4/09. • Meeting scheduled with Police staff for next design submittal to review and approve design drawings on 5/20/09. Fueling Facility & Storm Drainage:
Permit Phase – Jimmie Allen • WASD and DERM review in progress. • A/E responded to the three environmental concerns from DERM. • Portion of new storm drainage system will have to be
re-designed if DERM accepts A/E responses for environmental issues. • A/E has developed alternate phasing plan for review by City, which will reduce the construction cost. • Awaiting
response from Miami Dade DERM on the status of the application for drainage revisions. DERM has been delinquent in their response to City. Miami Gardens Community Center (MGCC): Construction
57% complete – Jimmie Allen • New A/E has completed review & correction for Construction Documents. CD’s submitted to MG Building Department for review of revisions. CMG review completed
and awaiting final review by Public Works so A/E can revise documents. • The revisions have been extensive and have caused delays in the construction process. The Contractor requested
Time Extension has been reviewed by A/E & staff. A preliminary analysis reveals that delay currently is approximately 90 days and counting until the building can be energized. • Change
Orders for additional work & credits have reached the 10% threshold. • FPL easement documents completed. FPL raceway completed. FPL equipment on site & awaiting final cable installation.
Awaiting FPL’s Contractor to install primary feeders from FPL to site and the site installed transformer. This work is currently impacting the overall construction schedule. • Main Building
– Roofing completed. Layout for interior partitions underway. Installation of pool coping is completed. • Restroom Buildings – Framing for interior partitions completed. • Fire Protection
Piping currently being installed. • Track/Football field – The running track & playfield have base course installed & final running surface installation is pending. Installation of sports
lighting fixtures completed. Electrification of fixtures pending FPL energizing the facility. • North & East Parking Lots and key site work underway as well as driveway entrances to
the site from NW 32nd Avenue, NW 199th Street and NW 29th Court. • Site irrigation planning and preparation starting. • Weekly Construction Progress meetings are on-going. • The final
$3,000,000 of funding will be requested from the grant. Page 194 of 225
10 Rolling Oaks Park -four new tennis courts: Construction 50% complete – Jimmie Allen • Shop Drawings submitted and construction work is ongoing. • Construction of courts has progressed
to base course and the installation of the asphalt paving is still pending. • Construction Progress Meetings and site visits by staff are on-going. Rolling Oaks Park: Design Phase 90%
completed – Brandan DeCaro • Phase I Improvements include: Installation of 2 athletic fields, new entrance and turn-around, new parking and overflow parking lots, fencing, and concession/restroom
facility. • Met with A/E on 3/12/09 to coordinate the completion of the CD’s. • Revised CDs submitted to CIP staff for final review 4/15/09. Building Department submission is pending.
• DERM -Tree removal permit approved. Plans approved for permitting. • County Fire -Plans approved for permitting • Department of Health -Plans approved for permitting. • WASD & North
Miami Beach sewer connection pending final approval. • Sewer pipe up-grade requested by by DERM. Survey information & pipe as-built’s provided to DERM so that pipe up-grade will not
be required. DERM approval pending. • MG Building Department submittal pending. Bunche Park & Pool: Design Phase 90% completed – Brandan DeCaro • Phase I Improvements include: Construction
of entire pool parcel including pool house, parking paving/striping/drainage, lighting, fencing, landscaping, and signage. • Met with A/E 3/12/09 to coordinate the completion of the
Construction Documents. • Revised Construction Documents submitted to CIP staff for final review 4/15/09. After final review comments are addressed by A/E Building Department submittal
will be scheduled. • County Fire -Plans approved for permitting. • WASD – Water & Sewer connection reviewed and approved. • DERM – Review for Water & Sewer completed. Surface water permit
approved. • MG Building Department submittal pending. Brentwood Pool: Construction Phase 98% complete – Jimmie Allen • Tennis and basketball courts resurfacing completed. • Installation
of playground and vita course equipment began on 3/11/09 and completed on 4/02/09. Work was inspected and Punch List has been completed. • Sidewalk replacement and widening completed
and inspected. • Installation of paved walking path for Vita Course started on 4/13/09 and the work is substantially complete. Sod is due in and continuous watering is required for the
next month for the new materials to root properly and grow. North Dade Optimist: Building Department/Construction for lighting 60% completed – Anthony Smith Page 195 of 225
11 • Phase I Improvements include: Construction of new building at approximately 3,000 sq. ft. includes six restrooms, small concession/kitchenette, and storage rooms; paved parking
lot with 114 spaces including drainage, irrigation and landscaping, football field & sports lighting relocation and minor landscaping; and construction of a sewer lift station. • Parks
plans approved by Miami-Dade Fire. Reviewed by DERM and WASD. Additional information requested and accepted 5/08/09. Final approval pending. • Lift Station -Received approval by WASD
and DERM. Plans to be submitted for review by MG Building Department. • Sports lighting fixtures purchased by MG. ITB # 08-09-030 bids for installation of lights opened 4/02/09. • Preconstruction
meeting for installation of sports lighting held on 4/22/09. • Five (5) existing light poles with fixtures were demolished on site on 4/28/09. • Survey performed to layout boundaries
for the baseball and football fields on 5/05/09. City staff marked the fields after the boundaries were set. • Remaining existing poles were retrofitted for the new Musco light fixtures.
Electrification for all lighting pending. Norwood Park & Pool: Design started Pipe Replacement; Construction 5% completed – Pool Building Renovation – Anthony Smith • South-side tennis
courts converted into 2 basketball courts with new backstops. • Tennis court resurfacing 98% complete. Fence replacement 100% complete. Staff developed Punch List on 4/21/09 and re-inspected
on 5/04/09. • New pool equipment and furniture (i.e. lifeguard stand, ADA lift, life vests, and shower seats) continues to be delivered. • Staff prepared estimate of probably cost for
replacement of existing domestic water and pool supply and return piping. • Repair work for Pool Building was temporarily on hold until scope for pool piping replacement could be determined.
• Site visit with A/E 4/09/09 to determine scope for Piping Replacement Project. A/E proposal negotiated and accepted by staff. • Kick-off meeting with contractor for Pool Building Repair
Project 4/09/09. • Color Sample for pool house approved by CIP. • Change request and proposal for additional work was approved on 5/4/09. Repair work for the Pool Building commenced
on 5/14/09. • Submittal for MG Building Department pending. Miami Carol City Park: Building Permit/Construction ready to start – Brandan DeCaro • Contractor for new Recreation Building
and Site Improvements on hold pending final approval of site utility plans from WASD and DERM. • WASD Water & Sewer Agreement to 4/08/09 City Council Meeting. County Attorneys denied
minor revision requested by City Attorney. Submittal of Water & Sewer Agreement pending up-dated “Opinion of Title”. Meetings & Events: • Police CSI Lab -Several meeting with staff and
A/E for design. Page 196 of 225
12 • MG Community Center -Construction meetings occurring weekly. • MG Community Center – Several scope meetings with Sound consultant. • Rolling Oaks Tennis Courts -Construction meetings
and site inspections as needed. • Brentwood Park Pool -Construction meetings and site inspections as needed. • Norwood Park Pool -Construction kick-off with contractor for Pool House
4/09/09. • SNP Oversight Committee Meeting attended 5/14/09. SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Meetings Attended: • Departmental mtg. w/DCM Farmer-• Director’s Mtg.-• Agenda
Review/Staff Meeting • CTST Meeting • WalkSafe Taskforce Meeting Meetings scheduled: Pending Tasks: • Summer Recruitment /Summer School • End of the year activities Employee Incident
Reports: • Total: 0 Terminations: Resignations: New Hires: 0 CODE ENFORCEMENT (Temp: Roderick Potter) • Started the door-to-door business license compliance check. • Started the business
tax receipt /certificate of Use project for 700 businesses registered in the County data base and not registered with the City. • Received 10 Lien Amnesty applications and completed
2 Amnesty lien releases. • Cut & cleared 6 properties from the nuisance properties clean-up project list. • Continued enforcement efforts for the Landlord permit renewal project. • Continuing
efforts on the Laser fiche case files retention project. • Conducted a site visit to the Florida Highway Patrol Office for laptop observation and demonstration. • Conducted Laser fiche
/Eden integration training. • Conducted several property inspections for the Neighborhood Stabilization Program. • Addressed Business owner regarding Civil Violation Notices issued for
illegal U-Haul business and truck storage. • Delivered 2 unsafe structure demolition tenant notification letters. • Completed the Department FY 2009/2010 prospective budget, flex sheets
and revenue report. Page 197 of 225
13 PERSONNEL Staff Development: • Web extension training given for code and licensing staff. • All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) network and training.
• 1 Supervisor attended the South Florida Water Management District Water Conservation Workshop. • 1 Supervisor attended the OSHA Seminar. • Conducted general staff meeting and management
staff meeting. • 3 Officers registered for upcoming defensive driver safety training. Note: (*) Indicates totals are from beginning to end of month. (**) Indicates a new category added.
CODE Stats: Jan 09 Feb 09 Mar 09 Apr 09 Business Tax Receipt Inspections 48 100 254 192 Certificate of Use Inspections 48 100 226 192 Landlord Permit Inspections 11 9 122 78 Warning
Notices Issued 314 414 383 89 Civil Violation Notices Issued 82 88 210 305 Re-Inspections 554 498 456 107 Special Master Hearings 20 12 7 9 Massey Hearings 91 52 29 33 Lien Reduction
Requests 9 6 4 0 Extension Requests 34 26 37 14 Complaints Received 216 201 208 117 Proactive Cases 165 303 374 256 Cases Closed Within 30 Days 192 248 220 33 Cases Closed Within 60
Days 14 9 21 7 Cases Closed Within 90 Days 46 11 37 5 Special Operations-Code
43 10 186 20 Special Events 0 0 1 1 Illegal Signs Removed 856 766 701 405 Phone Calls Received by CEOs 201 220 287 114 Parking Tickets Issued 30 17 22 23 Lien Searches 84 73 99 91 Joint
Operations-MGPD 0 1 7 0 PD Requests for CE 9 12 12 7 Storm water Postings 4 0 3 0 Abandoned Vehicles -Tagged 25 30 22 11 Abandoned Vehicles -Towed 4 7 5 1 Licensing Stats Jan/Feb *Feb
*Mar *APR New Business Tax Receipts 177 46 189 49 New Certificates of Use 154 38 142 33 New Alarm Permit Accounts 127 69 120 49 New Landlord Permit Accounts 4 3 831 8 **Business Tax
Receipts Issued 113 **Certificates of Use Issued 91 **Alarm Permits Issued 22 **Landlord Permits Issued 16 Page 198 of 225
14 ASSISTANT CITY MANAGER (Vernita Nelson) • Facilities --Project Parking Spaces at City Hall is complete. 120 spaces have been reserved for city visitors, staff and fleet. Phase Two
of the Painting Project is underway. Development Services is currently receiving a fresh coat of paint. Code Enforcement and Community Development offices have been completed. • Fleet
Division – Continuing to work with staff, during time of transition, to ensure quality support service. Fleet Services Manager interviews are scheduled for last week in May. Completed
FY2010 capital and equipment budget requests. • Media & Events Division --Staff has begun planning for the Fifth Annual Jazz in the Gardens event. • Parks & Recreation Department – Working
with staff and club presidents to merge optimist activities with the department’s recreation programming to create a yearround, comprehensive sports program. Continue to assist with
capital improvements projects including the Miami Gardens Community Center. • Procurement Division – – Attended Intro to Public Procurement training May 11-13 hosted by the Miami Chapter
of the National Institute of Governmental Purchasing. • Worked with Departments/Divisions to bring resolutions before Council: Children’s Trust Year 3 contract, AIP, and Brentwood Park
Playground. • Weekly Department/Division Meetings. Assisting with development of FY2010 operational and capital budgets. • Miami Gardens /Opa Locka Youth Violence Initiative – Coordinated
out-of-town field trip for coalition members to learn about award-winning youth violence prevention and intervention programs in Milwaukee and Chicago. • City Manager’s Office – Working
on stimulus grant applications and assisting with FY2010 budget preparation. Additional Meetings: • 4/16 – DRC Snake Creek Canal Phase 1 • 4/21 – Assistant Director of Public Works Interviews
• Council Meeting • 4/22 – Council Meeting • 4/29 – ARRA Project with South Florida Water Management District • 5/5 – Rick Ross Charities • 5/9 – Junior Council Stop the Violence Rally
• 5/11-Directors’ Meeting • 5/12 – State of the City • 5/13 –Council Meeting Page 199 of 225
15 • 5/14 – Safe Neighborhood Parks MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • The Mayor’s State of The City Address was a complete success. Approximately 250 people attended
the event held at will be held at the Lou Rawls Performing Arts Theater, located on the campus of Florida Memorial University on Tuesday, May 12, 2009, from 6pm-8pm. A reception was
held from 6pm-7pm and the address immediately followed. The event was open to the public. • The City’s 5th Annual Memorial Day breakfast event will be held at 8:30am on Monday, May 25th
at the Smith Conference Center located on the Florida Memorial University Campus. This year’s guest speaker will be from Southern Command and will assist the City and members of the
community honor our fallen soldiers. • The Hurricane Expo will be held on Saturday, June 13, 2009 from 10am-4pm. The event will be held at the Dolphin stadium Wal-Mart location located
on 27th Avenue in Miami Gardens. Vendors will be on-site to provide information about hurricane preparedness, health and other hurricane planning information. Once again prizes such
as generators, hurricane kits, and other prizes will be given away at the event. The Hurricane Bulletin is in the process of completion. Development of the guide is a collaborative effort
between Public Works, Events and Media and MGPD. The guide is due to be released to the public via mail and email by end of May. Residents should receive this in the mail just before
• The Jazz I the Gardens wrap up meeting was held during the latter part of April providing staff, along with the stadium, production team and marketing team an opportunity to recap
the event and measure the growth of the event as it relates to impact on community and City resources. Results of the event were measured in several different ways: survey, ticket sales/attendance,
sponsorship and media/promotional coverage. The information conveyed from the resources gathered reflect the fact that the event was well attended; people traveled from far to attend;
attendees attendees enjoyed themselves and look forward to future Jazz in the Gardens events. • The consultants working on the branding campaign will be visiting for an in-market City
of Miami Gardens familiarization tour on May 26th-29th, 2009. This visit will consist of one-on-one interviews with various stakeholders, focus groups, market research and a tour of
the City and neighboring cities. • Tamilla and Ula attended the Miss Florida Orientation event. Miss Florida Competition will be held from july8th-11th, 2009. Miss Miami Gardens will
be competing. • We are currently working on publishing the first issue of a community newspaper. Distributed date is set for June 29th for the July issue. Articles are currently being
accepted for the paper. A deadline date for articles will be sent to staff the last week of May. Page 200 of 225
16 • Our public relations efforts are ongoing. Please see the Community Outreach Department for press clippings, pictures or items of the sort. We are also placing advertisement and
purchasing media for other departments. PURCHASING (Pam Thompson) 1. Prepared and issued six bids/RFP: Supplemental Insurance Benefits Pre-paid Legal Benefits Municipal Marketing Replace
& Installation of Sidewalks – Co-Op bid Neighborhood Stabilization Program Lawn Equipment parts & repairs annual contract 2. Prepared and issued three quotations: Painting services –
City Hall facilities Crane retrofit Measuring device 3. Preparing specifications for the following: Printing Services – city wide Annual Contract for Storm Drain & Canal Maintenance
Installation of Security System – City Hall Annual Contract for Wiring/Cabling Services CDBG Demolition Services Purchase & Delivery of Concrete – Co-Op bid LAP projects – sidewalks
& resurfacing of FHWP roads Pre-Qualifications – Sign Contractors & Companies Purchase & Install Ornamental Trees Inspection & Testing Lab Services – annual contract 4. Issued 142 Purchase
Orders 5. Continue to maintain Fixed Assets (ongoing) 6. Continue to order and assist with auditing fuel card program 7. Continue to train and assist City staff on Eden software 8. Continue
entering contracts into Contract Management (ongoing) 9. Continue entering vendors into Bids & Quotes – bid vendors (ongoing) 10. Assist IT with preparation of vendor on-line registration
11. Updating the Procurement Web Page 12. Created Purchasing Customer Survey for IT to make available on Intranet Page 201 of 225
17 Purchases $25,000-$50,000 Date Vendor Service/Project Amount 4/29/09 Commercial Energy Specialist ODP – Pool Pump & etc. $25,201.76 4/28/09 Tropical Ford 2009 Vehicle $35,376.00 4/30/09
URS Corp. Engineer design NW 25th Ave & NW 167th St $39,144.00 4/21/09 Electrical Contractors Installation Musco Lights – North Dade Optimist Park $39,800.00 INFORMATION TECHNOLOGY (Ronald
McKenzie) IT Dept Overview This Status report covers the activities of the Information Technology Department for the period from 4/17/2009 through 5/15/2009. It is organized into the
following areas: • Significant Accomplishments • Significant Issues • Schedule Status • Travel Activity Accomplishments from Month: o Significant Accomplishments Continued employee
training for various Microsoft products. Training was held in Picture Manager, Excel, SharePoint and PowerPoint. Additional classes will continue to be held until 85% of employees are
familiar and comfortable with the various applications. Managed transfer of cell phone accounts from City responsibility to individual user responsibility. Received over 50 city phones
from employees that chose to receive the stipend and purchase their own phones. Employees were charged $10 to purchase city phones and $50 for Blackberry/PDA phones. 90% of phones have
been cancelled. WE will list on the intranet all useable phones in surplus and open up the opportunity for employees to purchase them. Began changing over phone numbers to prepare
us for E911 and reverse E911 compliance. All users in Bldg 4 and 7 and suite 300 have been migrated to the new phone schema. On-Line telephone directory has been updated. Attended
briefings from Compellent on Capacity Planning. Deployed Additional Computers for Parks personnel. Page 202 of 225
18 Lead KAPOW field visit allowing children to learn about the power of work. Children were able to visit both CH and PD and had demonstrations of motorcycles and K9. Burned various
DVDs to help with video tapes needed at PD. Turned in Citywide IT Budget Flex sheets to ACM. Set up Kiosk for Red Light Camera at PD Assisted on various meetings to include
all Council Meetings and Red Light Camera special masters. Web Presence for all city department posted on web site (92% completed). Began configuration of Search Engine for website.
(30% complete). Began work on automating all forms needed by EOC functionality Posted many documents to the website. Completed and posted surveys for Finance and Procurement
on the intranet Continuing work on Virtualization and Capacity Planning initiatives. Continuing Work with various departments to improve the EDEN experience. Now working with Public
Works. Also working with P&Z to achieve an accurate parcel refresh. Set up and participated in site visit for Code Enforcement vehicle wireless initiative. Site visit was at MGPD.
Configured Switch for new Public Works Facilities, now working on wiring and AV needs. Worked on getting pricing for air conditioning systems, racks and no water fire suppression
systems for MG Community Center. Still working on this initiative. Met with CIP, Park and Architects on AV system for MG Community Center, have already acquired quotes for phone system,
servers and switching gear needed. o Significant Issues Motorola laptops are breaking down at an alarming rate. Repairs last a short time as they are band-aids. We will need about
10-20 laptops to keep operation consistently up before the October. Page 203 of 225
19 Put ISA server monitoring on hold. Having issues configuring successful monitoring with access to FDLE and other secure websites. Looking into using the Barracuda solution that
was recommended by other municipalities. As we look to automate forms and clean up archived paper documents capacity storage is becoming an issue. We are working on an initiative
to provide the city a storage solution and at the same time, we are working on an initiative safeguard the data via a co-location site. Cost for this solution is about $300K. I put it
in the budget for next year and can limp this year, but would prefer to have as soon as we finish researching the solution and it is agreed upon. Working aggressively to improve EDEN
experience. Most major issues have either been resolved or are being worked on for most departments. Additional equipment needed for redundancy of CAD, RMS and other services as PD.
Cost for all equipment expected to exceed $50K. Now looking at enterprise capacity planning, virtualization and redundancy that may encompass the redundancy needed for CAD and RMS. (This
will be achieved once we purchase the solution that I mentioned in the second bullet on this section). o Schedule Status Conducted two Laserfiche training classes for departments,
in support of automation initiative. Looking to deploy EDEN Customer Request module by end of June. Dates are now set for training in May and June. Looking for Asset Management
System. We have successfully completed the creation of a system for PD. Most capital items at PD have been inventoried. We are now checking on the integration with EDEN and the implementation
of bar coding. Will continue to improve on this process. Saving of a successful solution created in-house will be about $18000 to the city. Cancelling city cell phone 90% completed
– will be completed by 5/22/09. Lead team of 30 city employees to participate in Mercedes Corporate Run. The event was a great success with participation from 80% of the cities departments.
Tremendous showing of Team Spirit, City Spirit and Esprit de Corp was seen and experienced by all that participated. Page 204 of 225
20 o Travel Activity Ricardo scheduled to attend Microsoft Annual Conference May ’09. Ron scheduled to attend FLGISA conference in July COMMUNITY OUTREACH (Lillie Q. Odom) • The
Challenge: Elders who do not drive and do not qualify for subsidized county para-transit have limited mobility opions. They also may not have geographic access to public transportation,
as access points are often unsafe or inconvenient. Have been attending the planning committee meetings for Senior Transportation in Miami-Dade County, with the Alliance of Aging, Inc.
• Providing supervision of volunteers (Five) from the South Florida Work Force Center and Elderly Affairs Committee. • Assisted with the coordination of the Women Networking Event ,
held at St. Thomas University. • Commission for Women – Attended along with four members of the Miami Gardens Commission the Florida Commission for Women First Annual Conference, held
in Orlando, Florida. • Creating an orientation class for volunteers and interns that will be working during the summer. • Assisted with the coordination of the Women Expo held in the
council chambers, by the Commission for Women Committee. • Completed the 3rd “Annual Health Fair” held at North Dade Regional Library with the Elderly Affairs Committee. Attending regular
monthly meetings of the committee. • Completed and made a report on the project of the “Intergenerational Fashion Show”, held at the Marian Center in Miami Gardens. The Elderly Affairs
Advisory Board. • Collecting and coordinating historical; articles, pictures and artifacts of the areas within the city. FLEET SERVICES (Orlando Wray) • Fleet Service Representative
& Administrative Assistant attended bi-weekly meeting with Assistant City Manager regarding Fleet issues and concerns. • Fleet Service Representative met regularly with Insurance Adjuster;
providing access to crashed vehicles parked at the Police Department. Page 205 of 225
21 • Fleet Service Representative met regularly with Police Department vehicles liaison, Sgt. Brown to discuss and address repair issues and concerns. • Daily and weekly spot inspections
were performed for all city departments’ vehicles and equipment. • Replaced spot light bulbs and missing hubcaps on Patrol cars. • Responded to multiple service calls for Police, Public
Works, Parks Maintenance, Building and Code Enforcement departments, addressing their concerns. • Obtained estimates of crashed vehicles and forwarded to Risk Management for review.
• Scheduled special maintenance services with vendors to perform repairs on large trucks and equipment for Public Works and Parks Maintenance departments. • Multiple vehicles from all
city departments were sent out to Maroone Ford of Miami for various warranty repairs. • Regular visits to mechanical and body shop vendors for visual vehicle repair status and updates
and drop off and pick up vehicles at various locations. • Maintain spare tire inventory for Police vehicles. • Attended web steering committee meeting with IT for future city website.
• Mileage reconciliation completed on fleet inventory in order to assist in vehicle scheduling to appropriate service facility. • Received invoices for body shops that performed maintenance
or service on fleet inventory. Prepared requisitions necessary to purchase parts, accessories, maintenance and services. • Collected and reviewed vehicle checklists from all departments.
• Documented mileage and contacted appropriate employees to collect missing or incomplete information. • Gathered information for process of change orders budgeted through the end of
the fiscal year. • Assisted with budget preparation for departmental needs by gathering estimates, product information and fact sheets. Page 206 of 225
22 • Ongoing update of new vehicle files to include registrations, bill of sale, and proof of extended warranty that is currently held by Assistant City Manager. PARKS & RECREATION DEPARTMENT
REPORT (Kara Petty) A.J. King Park • There are twenty-two children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework
assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • There is line dancing
taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. • On April 22, participants of the Shining Stars program celebrated their first annual Earth Day event.
They partook in a recycle lecture and activities provided by National Park Associates in addition to recreation games and recyclable craft competitions. Also, the children planted a
historical Earth Day sign in front of Buccaneer Park. Children received ice cream and tee-shirts as appreciation of their dedication and work. Most importantly, the children, parents
and staff contributed to collecting and recycling over a million plastic bottles. This amounted to over 4 large dumpster loads of recyclable material. Brentwood Park • There are forty
children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities,
chess, etc. In addition, certified teachers improve their reading, math and science skills. • Seniors are meeting every Monday, where seniors enjoy social interaction and some recreation
activities. • On April 22, participants of the Shining Stars program celebrated their first annual Earth Day event. They partook in a recycle lecture and activities provided by National
Park Associates in addition to recreation games and recyclable craft competitions. Also, the children planted a historical Earth Day sign in front of Buccaneer Park. Children received
ice cream and tee-shirts as appreciation of their dedication and work. Most importantly, the children, parents and staff contributed to collecting and recycling over a million plastic
bottles. This amounted to over 4 large dumpster loads of recyclable material. • On April 21st, we had our senior day at A.J. King Park. The seniors line danced, played recreational games
and participated in a session of chair yoga. We hosted yet another fantastic Senior Day regardless of rain, as well as providing them with a magnificent lunch. Buccaneer Park • There
are twenty children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and
outdoor activities, chess and tennis. In addition, certified teachers improve their reading, math and science skills. • On April 17th, we transported seventeen attend Alvin Alley Dance
concert at the Arsht Center. They had a marvelous time watching the history dance through concert. Page 207 of 225
23 • On April 22, participants of the Shining Stars program celebrated their first annual Earth Day event. They partook in a recycle lecture and activities provided by National Park
Associates in addition to recreation games and recyclable craft competitions. Also, the children planted a historical Earth Day sign in front of Buccaneer Park. Children received ice
cream and tee-shirts as appreciation of their dedication and work. Most importantly, the children, parents and staff contributed to collecting and recycling over a million plastic bottles.
This amounted to over 4 large dumpster loads of recyclable material. • On April 21st, we had our senior day at A.J. King Park. The seniors line danced, played recreational games and
participated in a session of chair yoga. We hosted yet another fantastic Senior Day regardless of rain, as well as providing them with a magnificent lunch by Exquisite Catering. • On
Tuesdays through Thursday from 9:00-10:30am seniors get fit in Line Dancing. • Monday through Thursday from 6:30-7:00am the seniors exercise around the park. • There is line dancing
offered on Saturdays from 8:30a.m.-12:00noon for adults various ages. Bunche Park • There are nine children enrolled in the Shining Stars After-School program. The children are engaged
in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess and tennis. In addition, certified teachers improve their reading, math
and science skills. • Seniors are meeting every Friday, where seniors enjoy social interaction and some recreation activities. On April 21st, we had our senior day at A.J. King Park.
The seniors line danced, played recreational games and participated in a session of chair yoga. We hosted yet another fantastic Senior Day regardless of rain, as well as providing them
with a magnificent lunch. • Bunche Optimist is practicing baseball and will have their first game this month • On April 22, participants of the Shining Stars program celebrated their
first annual Earth Day event. They partook in a recycle lecture and activities provided by National Park Associates in addition to recreation games and recyclable craft competitions.
Also, the children planted a historical Earth Day sign in front of Buccaneer Park. Children received ice cream and tee-shirts as appreciation of their dedication and work. Most importantly,
the children, parents and staff contributed to collecting and recycling over a million plastic bottles. This amounted to over 4 large dumpster loads of recyclable material. Cloverleaf
Park • Seniors are meeting every Wednesday, where seniors enjoy social interaction and some recreation activities. • On April 21st, we had our senior day at A.J. King Park. The seniors
line danced, played recreational games and participated in a session of chair yoga. We hosted yet another fantastic Senior Day regardless of rain, as well as providing them with a magnificent
lunch. Lake Lucerne Park • There are fifteen children enrolled in the After-School program. The children are engaged in various activities such as homework assistance, arts & crafts,
Page 208 of 225
24 creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • There is line dancing taking place on Tuesday
and Thursday nights from 6:30pm until 8:00pm. • On April 22, participants of the Shining Stars program celebrated their first annual Earth Day event. They partook in a recycle lecture
and activities provided by National Park Associates in addition to recreation games and recyclable craft competitions. Also, the children planted a historical Earth Day sign in front
of Buccaneer Park. Children received ice cream and tee-shirts as appreciation of their dedication and work. Most importantly, the children, parents and staff contributed to collecting
and recycling over a million plastic bottles. This amounted to over 4 large dumpster loads of recyclable material. Miami Carol City Park • There are twenty-six children enrolled in the
Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In
addition certified teachers improve their reading, math and science skills. • Walkers exercise around the park starting at 7:00a.m. • On April 22, participants of the Shining Stars program
celebrated their first annual Earth Day event. They partook in a recycle lecture and activities provided by National Park Associates in addition to recreation games and recyclable craft
competitions. Also, the children planted a historical Earth Day sign in front of Buccaneer Park. Children received ice cream and tee-shirts as appreciation of their dedication and work.
Most importantly, the children, parents and staff contributed to collecting and recycling over a million plastic bottles. This amounted to over 4 large dumpster loads of recyclable material.
Myrtle Grove Park There are nine children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts,
creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • On April 22, participants of the Shining Stars program
celebrated their first annual Earth Day event. They partook in a recycle lecture and activities provided by National Park Associates in addition to recreation games and recyclable craft
competitions. Also, the children planted a historical Earth Day sign in front of Buccaneer Park. Children received ice cream and tee-shirts as appreciation of their dedication and work.
Most importantly, the children, parents and staff contributed to collecting and recycling over a million plastic bottles. This amounted to over 4 large dumpster loads of recyclable material.
Norwood Park • There are twenty-six children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts,
creative indoor and outdoor activities, chess and tennis. In addition, certified teachers improve their reading, math and science skills. • On April 22, participants of the Shining Stars
program celebrated their first annual Earth Day event. They partook in a recycle lecture and activities provided by National Park Associates in addition to recreation games and recyclable
craft competitions. Also, the children planted a historical Earth Day sign in front of Page 209 of 225
25 Buccaneer Park. Children received ice cream and tee-shirts as appreciation of their dedication and work. Most importantly, the children, parents and staff contributed to collecting
and recycling over a million plastic bottles. This amounted to over 4 large dumpster loads of recyclable material. • Norland Sr. High Girls Softball team has completed their softball
season. • The tennis courts have been resurfaced and two of the four tennis courts have been changed to basketball courts. This will alleviate the traffic in front of the Recreation
building. Both courts are now open. Rolling Oaks Park • There are forty children enrolled in the Shining Stars After-School program. The children are engaged in various activities such
as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • There is
line dancing taking place on Wednesday, 6:30pm until 8:00pm. • Seniors are meeting every Thursday, where seniors enjoy social interaction and some recreation activities. • The new tennis
court installation continues. There will be two new courts with lights when completed. • On April 22, participants of the Shining Stars program celebrated their first annual Earth Day
event. They partook in a recycle lecture and activities provided by National Park Associates in addition to recreation games and recyclable craft competitions. Also, the children planted
a historical Earth Day sign in front of Buccaneer Park. Children received ice cream and tee-shirts as appreciation of their dedication and work. Most importantly, the children, parents
and staff contributed to collecting and recycling over a million plastic bottles. This amounted to over 4 large dumpster loads of recyclable material. • On April 21st, we had our senior
day at A.J. King Park. The seniors line danced, played recreational games and participated in a session of chair yoga. We hosted yet another fantastic Senior Day regardless of rain,
as well as providing them with a magnificent lunch. Scott Park • There are thirty-four children enrolled in the Shining Stars After-School program. The children are engaged in various
activities such as homework assistance, arts & crafts, creative
indoor and outdoor activities, chess and tennis. In addition certified teachers improve their reading, math and science skills. • Scott Lake Track Club is having training Monday through
Friday 6:30p.m.-8:00p.m. • On April 22, participants of the Shining Stars program celebrated their first annual Earth Day event. They partook in a recycle lecture and activities provided
by National Park Associates in addition to recreation games and recyclable craft competitions. Also, the children planted a historical Earth Day sign in front of Buccaneer Park. Children
received ice cream and tee-shirts as appreciation of their dedication and work. Most importantly, the children, parents and staff contributed to collecting and recycling over a million
plastic bottles. This amounted to over 4 large dumpster loads of recyclable material. Page 210 of 225
26 • Scott Park hosted movies in the park on April 17th were we showed “The Secret Life of Bees”. We had a good turnout and the crowd enjoyed the movies and popcorn. • On May 15th, “Seven
Pounds” was shown for the monthly Movie in the Park series. Vista Verde Park • Vista Verde has been operating a 4H program for school-age children with twentyone children. The program
allows children to enhance their reading and obtain homework assistance. On April 25, ten children from the 4h program attend an educational Super hero’s trip at University of Florida
Campus. The children learned from fire fighters, doctors, police officers, etc. They also engaged in hands-on activities of operating equipment of the fire trucks and other occupations.
• The children in the community, ages 5-12 have the opportunity to participate in the drop in program where they will receive homework assistance, outdoor activities, and a snack. The
program operates Monday through Friday. Teen Programs • For the fourth nine weeks of the school year the Teen Leadership Academy has been focusing on Environment and Science. The teens
have been engaging in topics such as the Earth Day. The Government track runs till June 3rd. • Our program teachers have administered benchmarks and are working with each child one on
one. • The number of participants enrolling in our program has continued to increase. We now have 35 participants. • On April 22, participants of the Teen Leadership Academy celebrated
their first annual Earth Day event. They partook in a recycle lecture and activities provided by National Park Associates in addition to recreation games and recyclable craft competitions.
They also assisted in planting shrubs that spelled out “Earth Day” in front of Buccaneer Park. They received ice cream and tee-shirts as appreciation of their dedication and work. •
Teen Leadership Academy participants attended the Junior Council “Taking Back Our Streets” community event at Norwood Park on May 9th. The teens had a great time as well as the opportunity
to meet community leaders. Athletics Sports Development: Flag football is practiced on every participating park facility. There are currently 50 participants. Saturday Tennis: The department
runs a Saturday Tennis Program for kids ages 5-12. The program is run by an experienced and former college tennis player. Kids learn the fundamentals of strokes, techniques, and rules
of tennis. We currently have 15 participants. The program is year round. Adult Tennis: There are 8 participants enrolled in the program. The sessions are Monday evenings from 6:30pm-7:30pm.
Walking Club: The Walking Club currently has 43 members and we have begun Page 211 of 225
27 meeting monthly. Fitness and Wellness: The City of Miami Gardens has begun to promote health and wellness amongst all city employees by initiating wellness seminars and fitness classes.
These programs take place weekly in the council chambers. Optimist: Background checks have begun. We have processed over thirty cards and given out to the optimist clubs. Recreation
Staff Trainings April 28th: Fourteen staff attended recreation management training with Steve Person at Scott Park May 5th: Fourteen staff attended recreation management training with
Steve Person at Scott Park May 11th: Fourteen staff attended recreation management training with Steve Person at Scott Park Meetings April 15th: Miami Gardens Community Center April
15th: Division Meeting April 16th & 17th: FRPA Education & Training Committee April 16th: Agenda Review April 16th: Snake Creek Development Review Committee April 20th: Assistant City
Manager bi-weekly April 21st: Norwood Pool construction April 22nd: Kinad, Inc. April 22nd: Council April 23rd: The Gardens Experience brochure April 24th: Recreation Leaders April 24th:
Budget review April 29th: Cultural education program for summer camp proposal evaluation April 29th: Meeting with optimist clubs April 29th: Snake Creek May 4th: Fitness and Nutrition
Proposal evaluation May 4th: Assistant City Manager bi-weekly May 4th: Website Steering May 4th: FLYAA May 5th: CDBG Grant Funding May 5th: SES providers May 5th: Rick Ross Charities
May 6th: Miami Gardens Community Center May 7th: Catering services for summer camp proposal evaluation May 7th: Agenda Review May 7th: SES providers May 11th: Director’s Meeting May
11th: Website May 13th: Council Page 212 of 225
28 May 14th: Miami Gardens Community Center PARKS MAINTENANCE DIVISION A J King Park o 31 Janitorial visits to clean up park site o 1x Premises blown o 5 Landscaping visits o Grass cut
o Watered grounds weekly o 4/13 Repaired water brake on playground o 4/21 Irrigation changed the Nelson around the building o 4/27 Detailed football outfield o 31Trash removals Andover
Park o 25 Janitorial visits to clean up park site o 1x Premises blown o 2 Landscaping visits o Grass cut & watered grounds o 4/15 Fixed the main line brake & changed 4 sprinkler heads
o 4/22 Cut hedges and detail butterfly garden o 5/4 Changed sprinkler heads in butterfly garden o 25 Trash removals Brentwood Park & Pool o 42 & 32Janitorial visits to clean up park
site o 2 & 4 Landscaping visits o 1x &1x Premises blown o Grass cut & watered grounds o 4/14 Draw up Blue Prints for new irrigation system o 4/22 Filled in hole in football field in
the park o 4/24 Cut the front of the park o 4/27 Cut, line trim, edge & blow off o 4/28 Grade around exercise equipment & tot lot for sod o 4/29 Laid sod @pool o 5/5 Repaired the lines
on the football fields o 5/7 Repaired the broken water fountain o 42 & 32 Trash removal Buccaneer Park o 32 Janitorial visits to clean up park site o 1x Premises blown o 4 Landscaping
visits o Grass cut & watered grounds o 4/20 Prep Park for Earth Day Event o 4/22 Plant new plants in garden (Earth Day) o 4/28 watered new plants Page 213 of 225
29 o 4/29 Fertilized fields o 5/4 Laid Sod o 5/6 Repaired connects (irrigations) o 5/7 Mowed & detailed park for major weekend event o 5/8 Complete detail & set out trash cans o 32 Trash
removal Bunche Park & Pool o 42&28 Janitorial visits to clean up park site o 3 & 3 Landscaping visits o watered grounds weekly o 38x &1x premises blown o 4/13 Grass cut o 4/13 Trouble
shoot system @pool o 4/22 Change water spicket o 4/24 Cut Baseball field o 4/29 Fertilize Fields o 5/6 cut grass o 42&28 Trash removals City Hall (Suite 300) o Cleaned & painted air
vents Cloverleaf Park o 26 Janitorial visits to clean up park site o 1x Premises blown o 1 Landscaping visit o Grass cut & detailed grounds o 4/21 Cut hedges o 26 Trash removals Inspection
Station o 18 Janitorial visits to clean up site o 4/23, Cleaned Trucks o 1x Premises blown o 1 Landscaping visits o 4/14, 4/28, 5/1 and 5/5 General maintenance on equipment (check oil,
sharpen blades, etc) o 18 Trash removals Jordan’s Landing o 1 Landscaping & Trash removal visits Lake Lucerne Park o 31 Janitorial visits to clean up park site o 1x Premises blown Page
214 of 225
30 o 4/30 Laid sod and watered it o 2 Landscaping visit o Grass cut & watered grounds o 31 Trash removals MGCC Acreage o 3 Landscaping visit o 3 Trash removals MGPD o 0 Janitorial visits
to clean up site Miami Carol City Park o 42 Janitorial visits to clean up park site o 3x Premises blown o 5 Landscaping visits o Grass cut & watered grounds o 42 Trash removals o 4/15
& 4/16 Cut , edge, line trim o 4/16 Cleaned out volleyball court o Baseball field cut o 4/28 Repair main line break o 4/29 Finish main line repairs Miami Job Corps o 41Janitorial visits
to clean up park site o 3 Landscaping visits o Grass cut & detailed grounds o 41 Trash removals Myrtle Grove Park & Pool o 39 & 28 Janitorial visits to clean up park site o 4x Premises
blown o 2x & 1 Landscaping visits o Grass cut & watered grounds o 4/20 System trouble shoot o 4/30 Changed plastic valve box to a concert valve box o 4/23 Spray herbicide o 5/6 Cut hedges
@pool o 39 & 28 Trash removals North Dade Opt o 42 Janitorial visits to clean up park site o o 1 Landscaping visit o Grass cut & detailed grounds o 42 Trash removals Page 215 of 225
31 Norwood Park & Pool o 37 & 26 Janitorial visits to clean up site o 3x Premises blown o 2 & 1 Landscaping visits o 4/13, 4/15, 4/20, 4/22, 4/27, 4/29, 5/4, 5/6, Wet baseball field
o 2/20 & 3/2 Inspected and troubleshot system o 32 & 23 Trash removals Risco Park o 42 Janitorial visits to clean up park site o 3 Landscaping visits o 4/19 removed old bases on north
& south fields o 4/19 east field removed trash. o 4/19 spayed herbicide & marked out & in fields o 4/20 started grading of south softball field & installed bases on north side o 4/23
finished grade of south softball field o 4/27 reinstalled bases o 4/28 installed 4 bases on south softball field o 4/29 Sprayed grass with herbicide o 5/7 moved benches o 4/29, 5/1,
5/4and 5/8 dragged baseball fields o 42 Trash removals Rolling Oaks Park o 37 Janitorial visits to clean up park site o 2/11 & 3/5 Chemical cleaned pavilion o 2x Premises blown o 3Landscaping
visits o Grass cut & detailed grounds o 4/27 changed 6 heads o 4/29 cut and complete o 4/30 Detail sod areas and the new oak trees o 32 Trash removals Scott Park o 42 Janitorial visits
to clean up park site o 4 Landscaping visits o 38x Premises blown o Grass cut & trimmed trees o 4/13 Dragged baseball field o 4/17 Cut baseball field o 4/20 Changed a broken valve o
4/27 cut, line trim &edge o 5/1 detail parking lot o 5/4 fertilized field o 4/13, 4/15, 4/20,4/27, 4/29,5/4 and 5/6 Watered baseball field o 42 Trash removals Page 216 of 225
32 Vista Verde Park o 31 Janitorial visits to clean up park site o 1x Premises blown o 1 Landscaping visits o 4/16 Mowed o 4/17 Finished o 31 Trash removals 201st Street and 39th Ave.
o 0 Landscaping visit o 0 Trash removal 20357 NW 38th Court o 0 Landscaping visit o 0 Trash removal 183rd and 14th – 17th Avenue o 0 Landscaping visits o 0 Trash removal o 0 Trash removal
ASSISTANT CITY MANAGER FOR BUSINESS SERVICES (Dan Rosemond) Assistant City Manager Tasks FIU School of Medicine Program-The City of Miami Gardens has been identified as FIU’s community
partner in an innovative program involving their new medical school. Students in the school of medicine will be assigned a family (ies) to which they will provide services. The City
will participate in the selection process as well as seeking to supplement ancillary services needed to those residents. I will be the point person working with the University on setting
up the program and engaging other non-profit organizations. Electronic Plans Review-After extensive analysis, it has been determined that the BIDS system (used by City of Doral and
others) is not compatible with our EDEN system and therefore not an option for our Building Department to conduct electronic plans review. We will continue to investigate the possibility
of utilizing some components in EDEN to accomplish this task. Budget Preparation-A good portion of this period was spent in the budget preparation process and meetings with departments
about their budgets. Community Development Director Tasks Application to Federal Grants-The City is eligible for a number of grants. During this period, we have been working on applying
for the Energy Efficiency grant as Page 217 of 225
33 well as the Homeless Prevention grant. Both programs will be incorporated as part of CD’s existing programs. Neighborhood Stabilization Program –A good portion of my time this
period has been spent on NSP related activities. The realtors have been active in identifying properties and we are swiftly moving with the acquisition of properties that meet the desired
criteria. We are also working to make sure that we have a group of qualified buyers ready to purchase said properties once they are rehabbed. Participated in the following meetings:
Development Review Committee Indra-presentation on E-Government Meeting with Chair of the North Dade Chamber of Commerce BIDS presentation (Electronic Plans Review) Financial
Literacy Program (with Councilman Williams) Advanced Data Solutions (Electronic Document Storage) Community Development Director Tasks Neighborhood Stabilization Program Real Estate
Acquisition & Disposition Services o Reviewed, inspected and recommended 5 properties for purchase: 1 sold to a higher bidder, 4 are pending offer acceptance. o The contracts for the
previously submitted properties resulted in: 1. 19215 NW 11 Ct.: house initially listed at $187,000.00, verbal negotiations w/bank (Countrywide) resulted in a reduced price to $73,900.
Status: Sold to a higher bidder. 2. 2800 NW 171 Street: This house was initially priced at $125,000.00, reduced to $110,000.00. Contractor’s initial visual inspection revealed an illegal
addition and electricity upgrade. Status: City placed $70,000.00 offer on 3/20; offer not accepted by Bank. Property specifics will be revisited with Realtor on 4/15. o Conducted 10
visual property inspections of homes submitted for purchase consideration. Economic Development o Working with IT to develop Economic Development webpage o Met with several local
small businesses regarding Business Incentive Program, a forgivable loan program for city based businesses o Contacted restaurateurs and retailers from Buxton report regarding expansion
into Miami Miami Gardens. Contacted AppleBee’s Bar and Grill, Beall’s Department Store and Christopher & Banks regarding NW 27th Avenue as future site location o Attended NFL Super Bowl
Emerging Business Workshop Page 218 of 225
34 o Attended webinar, Tracking and Measuring the Success of Your Agency’s Stimulus Dollars o Met with Miami Dade County EZ Coordinator re: enterprise zone incentives Power-up program
workshops-Held first two workshops and provided energy efficiency education to approximately 100 residents. All homeowners that attended received $250 vouchers from Lowes and to date,
most have purchased the approved items. We also chose to use our P-Cards for these transactions so that the City would get a return on each of these purchases. Participated in the following
meetings: Police Appeal Hearing Housing Finance Authority Board Meeting HUD Field Office re: subsidized housing/crime stats Municipal Marketing Presentations BUILDING DEPARTMENT
(Ramon Aronte) REVENUES: Building Permits $ 135,196.03 Certificate of Occupancies (CO) 13457.03 General Fund 99,216.00 TOTAL $ 323,768.53 EXPENDITURES $ 253,631.78 PERMIT APPLICATIONS
SUBMITTED Building 238 Certificate of Occupancies 38 Demolition 2 Electrical 71 MDC Permit Closures 1 Mechanical 29 Plumbing 52 1. TOTAL 431 INSPECTIONS Building 575 Electrical 85 Mechanical
42 Plumbing 144 TOTAL 846 UNSAFE STRUCTURES CASES: 10 Page 219 of 225
35 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 0 Total – Construction Value $ 0.00 Residential Permits 0 Total – Construction Value $ 0.00 MAJOR PROJECTS:
2. The Building Department is continuing to updated information and documentation on the Website. 3. The Building Department is continuing to work alongside with the Information Technology
(IT) Department to further research Electronic Plan Review for possible cost effective implementation. 4. The Building Department is continuing to work on the complete permitting process
Standard Operating Procedures (SOP). 5. The Building Department is creating Crystal Reports for employee performance. DEVELOPMENT SERVICES (Jay Marder) LAND DEVELOPMENT REGULATIONS -Jay
Marder, Bhairvi Pandya, Cyril Saiphoo • Zoning Code/Land Development Regulations o On May 13, 2009, City Council approved The Mellgren Planning Group contract o Kickoff meeting set for
May 21, 2009 o City and Consultant responsibilities defined, schedule being finalized • Multiple Family Housing Moratorium – Provided written direction to The Mellgren Planning Group
regarding the preparation of multiple family development standards and criteria which are summarized as follows, basically per Zoning Code scope: o TMPG -Streetscape, Landscape, Tree
and Buffer Requirements o TMPG -Design Criteria: To insure high quality design standards for buildings and facilities, including multiple family housing including requirements for varied
building arrangement, architectural fenestration, varied rooflines, window framing, varied textured walls, lighting as an important design and safety feature for parking lots and common
areas o TMPG – Dimensional Requirements Building Setbacks Minimum Living Area Requirements o City -Maintenance of Improvements – City staff will draft conditions and stipulations
for maintenance of multiple family housing developments. o The intent is to package these multiple family provisions together for ordinance adoption in order to lift the multiple family
rezoning moratorium. Page 220 of 225
36 o Additional crime analysis and rental housing provisions/legislation will be provided by other departments. • Sign Code o Incentive Program: Staff is developing a Request for Qualifications
for Sign Contractors. Qualified contractors will be referred to city businesses and property owners to assist them in meeting the city’s requirements from drafting the Sign Plan Application
to installing the signs. For qualified businesses, this may be accomplished utilizing the City’s Economic Incentive program with Community Development Block Grant funding through the
Economic Development program. o Due to the current economic conditions staff is reviewing timeframes/deadlines for sign code compliance and anticipates recommending revisions to the
timeframes for compliance for window signs, monument signs and wall signs. Window Sign provisions were required to be compliant in August 2008. • Dolphin Center DRI – Awaiting Miami-Dade
County Planning and Zoning to draft an interlocal agreement to coordinate development review. PLANNING – Jay Marder and Bhairvi Pandya • Water Supply Facilities Amendment to Comprehensive
Development Master Plan – Completed draft of required 10-Year Water Supply Facilities Work Plan and associated Comprehensive Development Master Plan Amendments on the following elements:
Infrastructure, Conservation, Capital Improvements and Intergovernmental Coordination. Courtesy review from South Florida Water Management District and Miami-Dade Water and Sewer Department
has been received. Comments and suggestions have been incorporated in draft documents. Package completed to be forwarded to City Clerk’s office. Tentative transmittal hearing date –
June 3, 2009. • Neighborhood Communication Initiative – Compiled map of 44 neighborhoods covering the entire city. Placed the city’s 25 Neighborhood Crime Watch Groups on the map which
cover 18 of the 44 identified neighborhoods. Provided this information to Councilman Campbell through Assistant City Manager. • US Census – Establishing a Complete Count Committee for
Miami Gardens o Complete County Committees are ad hoc local committees representative of a community that work towards insuring good public awareness and understanding of the importance
of the Census and dispersing correct information about the upcoming Census. One of such a committee’s goals is to dispel resident concerns that the Census could utilize information collected
about a person’s status relative law enforcement or immigration status. That is not the case and is expressly against the law. o Staff met with the City’s Progressive Young Adult Committee
(PYAC) to determine this committee’s interest in assisting with development and implementation of such a committee. The group expressed their desire to lead the City’s efforts in this
area and has formed a subcommittee to work on this and coordinate with the numerous other groups and interests that should be involved. Such groups will Page 221 of 225
37 necessarily represent businesses, churches, schools, civic organizations, nonprofits, and the like. o Staff will work with the PYAC to insure coordination and will provide a formal
proposal to Council regarding a local Complete Count Committee for Miami Gardens. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Development Review
Committee o DRC presentations by Miami-Dade County Parks for Snake Creek Canal Phase I; Miami-Dade Aviation for Opa locka Airport redevelopment. o DRC comments for Snake Creek Canal
Phase I from DRC members sent to County. o Opa-Locka Airport – letter sent to Aviation Authority and Miami-Dade Planning and Zoning to insure that the City is included in development
and review of anticipated off-airport land use regulations, i.e., revisions to the Airport Zoning Ordinance as it effects Miami Gardens. o Intranet Site for DRC – Posted Snake Creek
Canal Phase I plans and reports. • Development Review/Zoning Web Site Revisions Planned – Staff is revising the zoning portion of the department’s web site to simplify it for users,
provide Development Review Procedure information and easier to find applications. • Public Hearings o Attend Zoning Hearing for Calder Sign Variance. o Attend Zoning Hearing for Calder
Final Plat; coordinate plat signatures. o Prepare staff recommendation for Florida International Academy, Charter School for June meeting. o Coordinate submittal of Florida Memorial
University rezoning. o Follow-up and coordinate for submittal of application by T-Mobile for Public Hearing. o Prepare Town Center Zoning District Amendment for Permitted Uses – First
hearing held by City Council on May 13, 2009. Prepare amendment, attachments and advertisements. Second hearing to be held at June 4 Zoning Meeting. • Building Permits o Conducted 55
building plan reviews o Conducted 15 site inspections • Sign Code Permits: o 3 sign plan permits processing o 0 window sign permits processed o 2 Temporary sign permits processed • Special
Requests o Prepare special request (public information) for information on Iler Land Development Regulation work. • Zoning Verification Letters o Processed 4 Zoning Verifications • Address
Assignments Page 222 of 225
38 o No new Address Assignments • CRHs o Processed 6 CRH (Community Residential Home or Group Home) 1,000’ radius verification letters; in addition, sent letters to old approved applicants
to determine if any action has been taken to establish a CRH in order remove from “approved” inventory of homes if no action taken. • Certificate of Uses o Reviewed 30 Certificate of
Use/Occupational License Applications o Denied -0-CU applications • Plats o Process JPM Tentative Plat • Code Enforcement: o Review and coordinate Rodger Bakerman, unauthorized Attorney
office use for violations. o Coordinate with Code on illegal multi-family use, building permit issue. Draft response to Dixon Nursery for CU denial. o Meeting with tenant for M&M Market
to review for non-conforming issues. o Meeting with Code and coordinate Ms. Beverly Davis on illegal multi-family use. o Meeting with Burger King regarding signage and flags. • Florida
Memorial University – follow-up meeting with University group on zoning issues for construction of 500 room dormitory; meeting on construction of new dormitory on current zoned property.
• LuLu’s Car Wash – Respond to request for TCO prior to wall construction. Referred to Economic Development for business loan. EDEN • Standard Operation Procedure for Matching Addresses
and Permits – Held Training -Developed SOP for entering addresses and permits; Held training with Building, Engineering/PW, and Licensing Departments. • Parcel Refresh – This is the
process of updating the City’s property database with data from the Miami-Dade County Property Appraiser. Commenced ongoing weekly meetings with IT. Trained with Parcel Refresh training
tutorials. Working with IT in this multi-step process, completed Mapped Data Configuration (MDC) and commenced import process for Phase 1 Data. Bi-weekly status reports are being forwarded
to ACM until project completion. • Eden Users Group – Attended monthly meeting • Web Permit Module – Attended training session; held in-house demo and reviewed options; tentatively decided
to commence utilizing web permitted for the following: o Zoning Verification Letters o Establishing Addresses o Window Sign Permits o Temporary Sign Permits GIS – Bhairvi Pandya Page
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39 • Zoning maps-Completed 3 public hearing maps and address list for a public hearing. • CRH maps (Ben Sens) -Completed 6 CRH/Group Homes maps with a 1,000 radius. • Parcel Database
for GIS maps-Completed linking the GIS database to Zoning Districts. • Neighborhood Map – Revised per Neighborhood Communication Initiative, above OTHER ACTIVITIES – • MDX Concept for
Long Range Transportation Plan (LRTP) – Met with MDX to review a potential road extension project for inclusion in the LRTP. This concept is a north-south connector between I-95 and
the north-south segment of the 826/Palmetto Expressway. Including the concept in the LRTP provides the ability to fund its study, i.e., determine if there is a need. Local public participation
would be required if and when such study takes place. • Mannheim/Auto Auction Site Tour – Toured potential purchaser of former Mannheim Automobile Auction site located at southeast corner
of NW 47th Avenue and NW 215th Street. Discussion potential zoning and development processes processes for potential movie production and cultural facilities. Included owner representatives,
engineers, architect and finance personnel. • “Kids and the Power of Work.” Presented the City’s planning and zoning program to a third grade class from Bunche Park Elementary School
about the power of work. Discussed urban planning as an occupation and some of the requirements necessary to work in this occupation. • “Students’ Career Awareness” – Presented similar
information to above to three classes at Myrtle Grove Elementary School. • Mercedes Benz Corporate Run – Two department representatives ran with the City’s team. • Miami-Dade County
Public Schools Staff Working Group -The new bilateral Interlocal agreement between the School Board and Miami Dade County was discussed in detail. The document has been transmitted to
the Department of Community Affairs and Notice of Intent is awaited by the County. Additional steps that may have to be undertaken by local governments will be discussed further at the
next meeting including but limited amending respective Comprehensive Development Master Plans. • Miami-Dade Planners Technical Committee Meeting-At monthly meeting the new bilateral
Interlocal Agreement between School Board and Miami-Dade County was discussed in brief. Page 224 of 225
40 • Web Steering Committee-Attended monthly Web Steering Committee meeting for City’s new website initiative by IT. Provided Planning and Zoning slogan, customized information request
form field information, names of staff who would primarily answer customer queries. • Transportation Planning Council – Participated in this monthly meeting of the staff working group
for the Miami Dade County Metropolitan Planning Organization. • State of the City Address – Participated in the event. Page 225 of 225