Miami-Dade Board of County Commissioners Office of the Commission Auditor Board of County Commissioners (BCC) Meeting May 15, 2018 9:30 A.M. Commission Chambers Thomas B. Davis, Esq. Director, Policy and Legislation Office of the Commission Auditor (OCA) 111 N.W. First Street, Suite 1030 Miami, FL 33128 (305) 375-2524 THIS PAGE INTENTIONALLY LEFT BLANK 2 BCC Meeting: May 15, 2018 Research Notes Item No. 3B1 File No. 181098 Researcher: SM Reviewer: TD RESOLUTION RATIFYING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE’S ACTION, AS FISCAL AGENT FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN ACCORDANCE WITH RESOLUTION NO. R-79-03, IN APPLYING FOR GRANT FUNDS FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION IN THE AMOUNT OF $2,000,000.00 FOR THE MIAMI-DADE ADULT DRUG COURT SERVICE CAPACITY EXPANSION PROJECT; AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO EXECUTE AMENDMENTS TO THE GRANT APPLICATION, TO RECEIVE ANY GRANT FUNDS THAT ARE AWARDED, AND TO EXECUTE SUCH CONTRACTS, AGREEMENTS, AND MEMORANDA OF AGREEMENTS AS MAY BE REQUIRED BY PROGRAM GUIDELINES AND FOR THE COUNTY TO ACT AS THE FISCAL AGENT FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN ASSOCIATION WITH THE GRANT, AND TO EXERCISE TERMINATION AND MODIFICATION PROVISIONS CONTAINED THEREIN; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE, AS FISCAL AGENT FOR THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, TO APPLY FOR AND RECEIVE ADDITIONAL FUTURE FUNDS THAT MAY BECOME AVAILABLE FOR THIS PROJECT AND EXECUTING ANY CONTRACTS, AGREEMENTS, OR MEMORANDA OF AGREEMENTS THAT MAY BE NECESSARY FOR THE RECEIPT OF SUCH FUTURE AVAILABLE FUNDS ISSUE/REQUESTED ACTION Whether the Board should ratify the County Mayor or the County Mayor’s designee’s action, as fiscal agent for the Eleventh Judicial Circuit of Florida (Circuit), in applying for grant funds from the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA) in an amount of $2,000,000 for the Miami-Dade Adult Drug Court (ADC) Service Capacity Expansion Project. APPLICABLE LEGISLATION/POLICY Resolution No. R-79-03 adopted January 1, 2003 is a Resolution approving the designation of Miami-Dade County, Florida, a political subdivision of the State of Florida, as the fiscal agent for the Eleventh Judicial Circuit of Florida in connection with certain grants provided to the Circuit. http://www.miamidade.gov/govaction/matter.asp?matter=030133&file=false&fileAnalysis=false&yearFolder=Y2 003 PROCEDURAL HISTORY Prime Sponsor: None Requester/Department; Office of Management and Budget FISCAL IMPACT The item will approve a grant award in an amount of $2,000,000 if it receives Board approval. The County will not incur a fiscal impact for serving as the fiscal agent of the Circuit for this grant project since there are existing staff members who will be used to facilitate this project and since the grant does not require matching funds. 3 BCC Meeting: May 15, 2018 Research Notes ANALYSIS If this item receives Board approval the following will occur:  Ratifies the County Mayor or the County Mayor’s designee’s action, acting as the fiscal agent for the Eleventh Judicial Circuit of Florida, in applying for grant funds from the United States Department of Health and Human Services, Substance Abuse and Mental Health Services Administration for an amount of $2,000,000  Authorizes the County Mayor or the County Mayor’s designee to execute any amendments to the grant application for and on behalf of Miami-Dade County and the Circuit; to receive any grant funds that are awarded in response to this application; to execute such contracts, agreements, memoranda of agreements, and amendments as may be required by program guidelines and for the County to act as fiscal agent, after review by the County Attorney’s Office for form and legal sufficiency; and to exercise termination and modification clauses of any such contracts and agreements, after review by the County Attorney’s Office for form and legal sufficiency.  Authorizes the County Mayor or the County Mayor’s designee, as fiscal agent for the Circuit, to apply for and receive additional future funds that may become available under this program; to execute such contracts, agreements, memoranda of agreements, and amendments as may be required by the County to act as fiscal agent for the Circuit with respect to such future available funds, after review by the County Attorney’s Office for form and legal sufficiency; and to exercise termination and modification clauses of any such contracts and agreements, after review by the County Attorney’s Office for form and legal sufficiency. Resolution R-79-03(See applicable legislation/policy) approved the designation of Miami-Dade County, as the fiscal agent for the Eleventh Judicial Circuit of Florida as it relates to certain grants provided to the Circuit. The County has acted as fiscal agent for the Circuit since July 2001. This was due to the inability of the Florida Supreme Court Office of the State Courts Administrator’s to continue in this capacity. Therefore, the Circuit was in need of the County’s continued assistance with regard to receiving and disbursing grant funds from various funding sources, as well as maintaining an accounting of all such funds. This grant will allow the Adult Drug Court to increase treatment access for a minimum of 200 participants over the five-year grant period, 40 individuals per year. The Circuit formed a partnership with the Trauma Resolution Center, Inc. to implement the project which was coordinated through the Office of Management and Budget, Grants Coordination Division that applied for a grant from SAMHSA in the amount of $2,000,000 for the Miami- Dade Adult Drug Court Service Capacity Expansion Project. 4 BCC Meeting: May 15, 2018 Research Notes ADDITIONAL INFORMATION The Circuits website states the following: “Since 1989, the Eleventh Judicial Circuit of Florida has offered drug offenders the opportunity to avoid prosecution, become drug free and improve the quality of their life through Miami-Dade County’s Drug Court Program. Drug Court is a volunteer diversion and treatment program that identifies a defendant who has a substance abuse problem by redirecting them from the ordinary course of prosecution through intensive supervision by the presiding judge and rehabilitation through treatment specialists for a minimum of one year”. “After successfully completing the treatment program and when monitoring or case management services are no longer needed, the treatment counselor will recommend that the judge discharge the case. The judge will make the final decision. Both the treatment counselor and the judge will examine the participants’ overall recovery, including progress in academic and vocational activities. During the final Court appearance, clients “graduate” and are released from Court supervision. Upon graduating, qualified clients may file to “expunge” their arrest record. This is a significant benefit for future employment and career opportunities. First-time offenders will have their case nolle prosequi (no prosecution) and their records may be sealed or expunged. For other offenders, the case may be dismissed or adjudication is withheld. Most importantly, clients who have a sincere desire to get off drugs are offered the opportunity to avoid further problems with the law and free themselves of problems that are caused by substance abuse”. https://www.jud11.flcourts.org/Adult-Drug-Court 5 BCC Meeting: May 15, 2018 Research Notes Item No. 3B3 File No. 181047 Researcher: BM Reviewer: TD RESOLUTION APPROVING TERMS OF AND AUTHORIZING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO EXECUTE A PRE-QUALIFIED, MULTI-YEAR JOINT PARTICIPATION AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE $4,594,781.00 IN TEMPORARY ASSISTANCE FOR THE OPERATION, MAINTENANCE AND MANAGEMENT OF THE MIAMI INTERMODAL CENTER CENTRAL STATION; AUTHORIZING THE RECEIPT AND EXPENDITURE OF FUNDS AS SPECIFIED IN THE AGREEMENT; AND AUTHORIZING RECEIPT AND EXPENDITURE OF ANY ADDITIONAL FUNDS FOR SUCH PURCHASE AS SPECIFIED IN THE AGREEMENT SHOULD THEY BECOME AVAILABLE ISSUE/REQUESTED ACTION Whether the Board should approve the County Mayor’s acceptance and execution of a multi-year Joint Participation Agreements (JPA), No. 439982-1-84-01, between the County and Florida Department of Transportation (FDOT) for a value of $4,594,781 for temporary assistance to the Transportation and Public Works Department (TPWD) for the operation, maintenance and management of the Miami Intermodal Center (MIC) Central Station. JPA Amount Purpose 439982-1-84-01 $4,594,781 Operation, maintenance and management of the Miami Intermodal Center (MIC) Central Station. APPLICABLE LEGISLATION/POLICY Resolution No. R-974-09 adopted July 21, 2009 directs that any resolution authorizing the execution of instruments creating a County Interest in real property shall require such instruments to be recorded in public records of Miami-Dade County. http://intra/gia/legistarfiles/MinMatters/Y2009/091900min.pdf Resolution R-1115-15 adopted December 1, 2015 directs the County Mayor to develop a plan identifying potential uses of the Miami Intermodal Center by Miami-Dade County in the event the Florida Department of Transportation were to transfer the Miami Intermodal Center property to Miami-Dade County; directing the County Mayor to present a report on such plan to the Board of County Commissioners within 90 days. http://intra/gia/legistarfiles/MinMatters/Y2015/152275min.pdf Florida Statutes, Section 215.97, Florida Single Audit Act, establish uniform state audit requirements for state financial assistance provided by state agencies to nonstate entities to carry out state projects. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0200- 0299/0215/Sections/0215.97.html PROCEDURAL HISTORY Prime Sponsor: None Requester: Transportation and Public Works This item has no procedural history. 6 BCC Meeting: May 15, 2018 Research Notes FISCAL IMPACT Below is a summary of the $4,594,781 in State funding to be received by the County for temporary assistance to the TPWD for the operation, maintenance and management of the MIC Central Station: Item No. Funding Amount/ Description FDOT Reimbursement Source Required State Participation Rate is 100 percent of eligible $1,250,000/ SFY 439982-1-84-01 expenses and does not No 2018 require a local match. This is currently a projected total to cover the $2,805,600/ SFY 439982-1-84-02 “Profit/Loss” pro-forma Yes 2018-24 shortfalls. Funds are contingent upon Amtrak or an alternate tenant not executing a Head $539,181/ House lease and Common 439982-1-84-03 No SFY 2018-25 Area Maintenance (“CAM”) agreement for the MIC. ANALYSIS This item seeks approval of the County Mayor’s acceptance and execution of an FDOT JPA for temporary assistance to the Transportation and Public Works Department for the operation, maintenance and management of the MIC Central Station. In 1993, FDOT entered into a partnership with the U.S. Department of Transportation which allowed FDOT, in cooperation with the County, the South Florida Regional Transportation Authority (SFRTA), and the Miami-Dade Expressway Authority, to take the lead in developing the MIC. Additional information related to the MIC is available at the following website: http://www.micdot.com/. The MIC is a major, regional transportation hub located east of the Miami International Airport. The MIC serves an important public purpose as the transportation gateway to Miami-Dade County by integrating a variety of transportation modes adjacent to Miami International Airport, including buses, taxis, trains, rental cars, private vehicles, bicycles and pedestrians. The MIC includes the Rental Car Center, which is the facility owned and operated by the County, and the central station at the MIC, which includes, but is not limited to, transit, rail and intercity bus facilities and components, and is currently owned and operated by the department. The MIC is now fully operational and FDOT currently retains ownership of the Central Station and the 25.38 acres of property on which it is located. DTPW and FDOT are in the process of moving forward with the transfer of the MIC which is anticipated to be finalized by June 2018. 7 BCC Meeting: May 15, 2018 Research Notes Below is a summary of the JPA relating to the Department’s obligation: 7.20 The Department’s Obligations – Subject to other provisions of the Agreement, DTPW will honor requests for reimbursement to the Agency pursuant to the Agreement. However, notwithstanding any other provision of the Agreement, MDAD may elect by notice in writing not to make a payment if: a) The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or pursuant to this Agreement; b) There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement, or payments to the Project; c) The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; d) There has been any violation of the conflict of interest provisions contained in this Agreement; e) The Agency has been determined by the Department to be in default under any of the provisions of the Agreement; or f) Any federal agency providing federal financial assistance to the Project suspends or terminates federal financial assistance to the Project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B". Eligible operations, maintenance, and management expenses for the MIC Central Station facility include, but are not limited to, such items as: a) Exterior and interior lighting; b) Electrical systems, equipment and associated fixtures & fittings; c) Plumbing systems and associated fixtures and fittings; d) HVAC systems, escalators, elevators, generators, pumps, etc.; e) General repair, including painting and upkeep of all interior/exterior walls ceilings, signs; f) Fire protection and safety equipment, Public Address systems; g) Interior (plants, etc.,) and exterior landscaping; h) Audit review and processing of all bills for utilities and services; i) Repair and maintenance of utilities and services to the facility; j) Interior and exterior cleaning and janitorial supplies; k) Collection and removal of garbage, waste and debris from site; l) Maintain control of and manage all parking lots, sidewalks and Roadways. Set and collect parking fees; m) Maintain and operate a customer service office with staffing and associated office equipment, telecommunications and supplies related to the facility; n) Provide security or other staff to maintain the facilities 24/7 as needed; o) Provide all equipment and supplies as needed to operate facilities; p) Develop and maintain a Preventative Maintenance program for the facility covering such items as, but not limited to, roof inspections, roof drains, canopies, exterior walls and glazing; maintenance, glass cleaning, external, lighting, roadway sweeping/cleaning, repair, road markings, sign repair and replacement, storm and sewer drains, air conditioning, electrical and mechanical equipment systems, other systems; q) Emergency evacuation instructions, procedures and building preparation for hurricanes or other events; r) Provide miscellaneous services that may be required to keep the facilities operational and safe for public use. 8 BCC Meeting: May 15, 2018 Research Notes Item No. 5B File No. 180850 Researcher: JFP Reviewer: TD RESOLUTION DECLARING SURPLUS ONE COUNTYOWNED PROPERTY LOCATED IN MIAMI, FLORIDA AND REVISING THE INVENTORY LIST OF REAL PROPERTIES, AFTER A PUBLIC HEARING, TO INCLUDE SUCH PROPERTY IN ACCORDANCE WITH SECTION 125.379(1), FLORIDA STATUTES; AUTHORIZING CONVEYANCE, PURSUANT TO SECTION 125.379(2), FLORIDA STATUTES, OF A TOTAL OF THREE COUNTY-OWNED PROPERTIES TO AFFORDABLE HOUSING AND COMMUNITY DEVELOPMENT, INC., A FLORIDA NOT-FOR-PROFIT CORPORATION, AT A PRICE OF $10.00, FOR THE PURPOSE OF DEVELOPING SUCH PROPERTIES WITH AFFORDABLE HOUSING TO BE SOLD TO VERY LOW- LOW- OR MODERATE INCOME HOUSEHOLDS IN ACCORDANCE WITH MIAMI-DADE COUNTY'S INFILL HOUSING INITIATIVE PROGRAM; AUTHORIZING THE CHAIRPERSON OR VICE- CHAIRPERSON OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A COUNTY DEED; AND AUTHORIZING THE COUNTY MAYOR OR THE COUNTY MAYOR'S DESIGNEE TO TAKE ALL ACTION NECESSARY TO ENFORCE THE PROVISIONS SET FORTH IN SUCH COUNTY DEED AND TO ENSURE PLACEMENT OF APPROPRIATE SIGNAGE ISSUE/REQUESTED ACTION Whether the Board should declare surplus one County-owned property located in Miami, Florida and revise the list of real properties to include the property, as well as authorize conveyance of this and two additional County-owned properties to Affordable Housing and Community Development, Inc., at a price of $10.00, for the purpose of developing such properties with affordable housing to be sold to very low, low or moderate income households in accordance with Miami-Dade County’s Infill Housing Initiative Program. APPLICABLE LEGISLATION/POLICY Section 17-121 of the Miami-Dade County Code relates to the Infill Housing Initiative Program, whose purpose is to increase the availability of affordable homes for very low, low and moderate income persons, maintain a stock of affordable housing, redevelop urban neighborhoods by eliminating the blight of vacant lots and dilapidated or abandoned properties, to equitably distribute homeownership opportunities within the Infill Target Areas, and generate payment of ad valorem taxes. https://library.municode.com/fl/miami_- _dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH17HO_ARTVIIINHOIN_S17-121TIPU Section 2-8.6.5 of the Miami-Dade County Code governs the purchase, sale and lease of real property. https://library.municode.com/fl/miami_- _dade_county/codes/code_of_ordinances?nodeId=PTIIICOOR_CH2AD_ARTIINGE_S2-8.6.5PUSALEREPR Implementing Order No. 3-44 establishes the process for the implementation and management of the Infill Housing Initiative Program (Infill Program) for Miami-Dade County, whereby the procedures are established to carry out the goals of the Infill Program. http://www.miamidade.gov/aopdfdoc/aopdf/pdffiles/IO3-44.pdf Miami-Dade County Administrative Order No. 8-4 states that the authority to sell, lease or otherwise dispose of County-owned real property lies solely with the Board of County Commissioners. Before action is taken on any proposed sale or lease of County-owned real property, unless expressly excluded herein, a recommendation will be requested from the Planning Advisory Board, to indicate whether such proposal is in the public interest and also recommending proper land use classification, if applicable. 9 BCC Meeting: May 15, 2018 Research Notes http://www.miamidade.gov/aopdfdoc/aopdf/pdffiles/AO8-4.pdf Section 125.379(1) Florida Statutes requires each County to prepare an inventory list at least every three years of all real County properties that are appropriate for use as affordable housing and further allows the governing body of the County to revise the inventory list upon conclusion of a public hearing held before the governing body. http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu= 1&App_mode=Display_Statute&Search_String=125.379&URL=0100-0199/0125/Sections/0125.379.html Section 125.379(2) Florida Statutes prescribes the County’s authority as to the County properties identified as affordable housing. http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu= 1&App_mode=Display_Statute&Search_String=125.379&URL=0100-0199/0125/Sections/0125.379.html Section 125.411 Florida Statutes relates to deeds of conveyance of lands http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_ mode=Display_Statute&Search_String=125.411&URL=0100-0199/0125/Sections/0125.411.html Resolution No. R-376-11, adopted on May 3, 2011, directs that any resolution authorizing the rehabilitation, improvement or conveyance of County-owned real property appropriate for or to be used as affordable housing shall include detailed information on the property and the County’s investment and future control. https://www.miamidade.gov/cob/library/Registry/Resolutions/Board-of-County-Commissioners/2011/R-376- 11.pdf Resolution No. R-333-15, adopted April 21, 2015, establishes County policy to require disclosure of market value or market rental in legislative items authorizing the conveyance or lease of County-owned property to promote public disclosure and fiscal responsibility. https://www.miamidade.gov/cob/library/Registry/Resolutions/Board-of-County-Commissioners/2015/R-333- 15.pdf Resolution No. R-979-17, adopted on November 7, 2017, declared the County properties at issue in the proposed Resolution surplus and added such properties to the County’s inventory list of affordable housing sites. https://www.miamidade.gov/cob/library/Registry/Resolutions/Board-of-County-Commissioners/2017/R-979- 17.pdf Resolution No. R-974-09, adopted on July 21, 2009, directs that any resolution authorizing the execution of instruments creating a County interest in real property shall require such instruments to be recorded in the public records of Miami-Dade County. https://www.miamidade.gov/cob/library/Registry/Resolutions/Board-of-County-Commissioners/2009/R-974- 09.pdf The Public Housing and Community Development Department oversees the Infill Housing Initiative Program and has developed guidelines for the administration of the program. The guidelines summarize the infill development process and requirements to be followed by developers. http://www.miamidade.gov/housing/library/guidelines/infill/infill-housing.pdf 10