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ORDINANCE AMENDING ARTICLE XLVIII OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, RELATING TO METRO-MIAMI ACTION PLAN TRUST, PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

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BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Article XLVIII is hereby amended to read as follows: 1

ARTICLE XLVIII. [[METRO-MIAMI ACTION PLAN]] >>MIAMI-DADE ECONOMIC ADVOCACY TRUST<<
Section 2. Section 2-502 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:

Sec. 2-501. Creation and purpose.

(a) There is hereby created and established a revocable trust, the terms of which may be modified by Miami-Dade County, which trust shall be named and known as the [[Metro-Miami Action Plan]] >>Miami-Dade Economic Advocacy<< Trust (hereinafter referred to as the "Trust"). The Trust shall be a public body corporate and politic which, through its governing body, may exercise all those powers either specifically granted herein or necessary in the exercise of those powers herein enumerated. The Trust shall be an agency and instrumentality of Miami-Dade County.

(b) >>The purpose of the Trust shall be to ensure the equitable participation of Blacks in Miami-Dade County�s economic growth through advocacy and monitoring of economic conditions and economic development initiatives in Miami Dade County.<<

[[(b)]]>>(c) << This Board recognizes the independence of the Trust and its obligation to provide the Board of County Commissioners and the County [[Manager]] >>Mayor or the Mayor�s designee<< with independent advice on matters of policy relating to the purposes and projects of the [[Metro Miami Action Plan]] >>Trust.<<

[[(c)]]>>(d)<< Notwithstanding the independence of the Trust, this Board may by resolution take any action to effectuate the purposes of the [[Metro Miami Action Plan]] >>Trust<<.
Section 3. Section 2-503 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:

Sec. 2-503. Appointment and tenure.

(a) Nominating council. Trustees shall be appointed by resolution of the Board of County Commissioners (hereinafter known as "Board") after having been selected by the [[Metro-Miami Action Plan]] >>Miami-Dade Economic Advocacy<< Trust Nominating Council (hereinafter known as "Nominating Council") established and described herein. The Nominating Council shall be comprised of five (5) voting members, two (2) of whom shall be the Chairperson of the Board of Trustees of the Trust and the Chair of the Board's committee with jurisdiction over economic development issues, who shall serve as the chair of the Nominating Council and three (3) of whom shall be appointed by the Chair of the Board of County Commissioners and ratified by the Board. No acting Trustee of the Trust, other than the Chairperson of the Board of Trustees, shall serve on the Nominating Council, nor shall any acting member of the Nominating Council, other than the Chairperson of the Board of Trustees, be eligible to serve on the Board of Trustees of the Trust. In serving on the Nominating Council, the Chairperson of the Board of Trustees of the Trust shall not vote on or participate in any way in any matter affecting the Chairperson's appointment to the Board of Trustees of the Trust. The members of the Nominating Council shall be appointed for staggered three-year terms and shall not serve more than two (2) consecutive and complete three (3) years each as set forth in Section 2-503(d) of this article. The sole function of the Nominating Council shall be to solicit, screen, interview and recommend for appointment the best qualified candidate for each vacancy of the Board of Trustees. The Nominating Council and the procedures under which it will operate shall be approved by the Board of County Commissioners. The Nominating Council shall submit to the Board of County Commissioners one (1) nominee for each vacancy on the Trust Board. The slate of nominees shall be submitted directly to the Board of County Commissioners no later than September 1 of each year. As applicable, Section 2-11.36 et seq. of the Code of Miami-Dade County shall govern the establishment and activities of the Nominating Council. In the event the Commission is unable to appoint a member to the Board of Trustees pursuant to said section(s), no action of the Trust shall be rendered void because of such inability on the part of the Commission. The County Mayor shall designate a liaison to coordinate the Nominating Council process.

In the event of a vacancy during the term of a Trustee, the Trust shall notify the Board of County Commissioners of the vacancy and shall request that it be filled in accordance with the applicable criteria set forth herein either as a part of the annual appointment process or by a special meeting of the Nominating Council.

(b) Composition. Notwithstanding Section 2-11.1 of this Code with respect to eligibility of membership on the Board of Trustees, the voting membership shall include representatives from the following areas of professional expertise: (1) economic and business development; (2) criminal justice; (3) community based organizations; (4) educational organizations; (5) banking and finance; and (6) health organizations. In addition, the Board of Trustees shall have at least one (1) voting member from the Miami-Dade County School Board and one (1) voting member from State or local government. At least seven (7) members of the initial Board of Trustees shall be selected from members of the existing [[Metro-Miami Action Plan]] >>Trust<< Board of Directors. With respect to the appointment of the balance of Trustees, careful consideration shall be given to the expertise needed to accomplish the goals and objectives of the Trust. In addition, a majority of the membership of the Board of Directors shall be members of the African-American community.

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Section 4. Section 2-506 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:
Sec. 2-506. Powers and duties of the Trust.

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(c) The Trust shall identify and develop a variety of alternative funding sources and shall seek and apply for State, federal and private grants>>, including but not limited from philanthropic and non-tax based sources.

(d) The Trust shall serve as an advocate for and providing of the economic conditions and economic development initiatives in Miami Dade County.
(e) The Trust shall submit to the Board an annual scorecard that reflects the performance of those entities, (both public and private) charged with and funded to improve conditions in blighted communities.
(f) The Trust shall conduct a disparity study that examines the present economic conditions of Blacks in Miami Dade County. This study shall be conducted every tent (10) years and submitted to the Board.<<

[[(d)]] >>(g)<< The [[trust]] >>Trust<<, as an agent and instrumentality of Miami-Dade County, shall be authorized to act for Miami-Dade County in the performance and enforcement of all contracts and, subsequent to the effective date of this chapter and subject to the limitations set forth below, shall additionally be empowered to negotiate and execute such contracts as are properly within the powers and duties of the [[trust]] >>Trust<<. However, the [[trust]] >>Trust<< shall not without the prior approval of the Board of County Commissioners, enter into or amend any contract which shall require the expenditure of funds in excess of the amounts appropriated to the trust by the Board of County Commissioners.

The [[trust]] >>Trust<< shall comply with the formal bid requirements of Section 4.03(D) of the Charter of Miami-Dade County, Florida, and for such purpose the term "board" as used in Section 4.03(D) shall be construed to be "board of trustees" and the term "manager" shall be construed to be executive director of the [[trust]] >>Trust.<<

For all construction contracts, the trust shall comply with the provisions of Section 10-38 of the County Code and the administrative procedures adopted pursuant to said section.

For all purchases of commodities and services, the trust shall comply with the provisions of Section 2-8.2 of the County Code and the administrative procedures adopted pursuant to said section.

[[(e)]]>>(h)<< The Trust's budget requests shall be prepared and submitted in the same manner as the budget for a County department and will be considered as part of the Miami-Dade County budget process. The Trust's budget requests shall be prepared in a format prescribed by the County Manager.

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Section 5. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 6. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be re-numbered or re-lettered to accomplish such intention, and the word �ordinance� may be changed to �section,� �article,� or other appropriate word.


Section 7. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.