HomeMy WebLinkAboutJune 9, 2010 City Council Agenda
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: June 9, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: June 23, 2010
Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Barbara Watson 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 12 , 2010 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda
at this time) June 9, 2010 Page 1 Page 1 of 162
Regular City Council Agenda June 9, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Yolanda Cash-Jackson, Esq. 2010 Legislative Session Update F-2) Mayor Gibson – Nick Kellergis
of the American Red Cross of Greater Miami and the Keys F-3) Mayor Gibson, -Proclamation – Code Enforcement Week – June 7-11, 2010 F-4) Chief Boyd -Police Department Monthly Report F-5)
2010 Waterway Slogan and Image Winners F-6) Myrtle Grove Elementary “Career Day” Certificate of Appreciation F-7) Miami Carol City Senior H.S. – Police Certificate of Appreciation Ms.
McKinney (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 16 OF ORDINANCE 2005-10-48,
TO INCREASE THE LOCAL PREFERENCE FROM FIVE PERCENT (5%) TO TEN PERCENT (10%); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY BY MAYOR SHIRLEY GIBSON) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS
CONSISTENT WITH CHAPTER 2010-80, LAWS OF FLORIDA (2010) (“THE MARK WANDALL TRAFFIC SAFETY ACT”); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) H-3)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE REQUIREMENTS
Page 2 of 162
Regular City Council Agenda June 9, 2010 Page 3 FOR THE STORAGE OF SOLID WASTE RECEPTACLES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (COUNCILWOMAN BARBARA WATSON) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S CODE OF ORDINANCES TO PROHIBIT PAIN MANAGEMENT CLINICS FROM DISPENSING DRUGS ON-SITE; AMENDING SECTION
9-20 OF ORDINANCE NO. 2010-10-218 OF THE LAND DEVELOPMENT REGULATIONS (“LDRS”), TO PROHIBIT ONSITE DISPENSING OF CONTROLLED SUBSTANCES AT MEDICAL OFFICES; AMENDING SECTION 10-30(DD)
OF THE LDRS TO PROHIBIT MOBILE PAIN MANAGEMENT CLINICS; AMENDING APPENDIX “A” MASTER USE LIST AND USE DEFINITIONS OF THE LDRS TO INCLUDE DEFINITIONS FOR “PAIN MANAGEMENT CLINICS”; 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 COUNCILMAN
OLIVER G. GILBERT) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED
THREE THOUSAND, EIGHT HUNDRED FORTY-THREE DOLLARS AND 60/100 CENTS ($3,843.60) TO URS CORPORATION SOUTHERN FOR CONSTRUCTION AND ADMINISTRATION SERVICES FOR THE NORWOOD POOL PIPING REPLACEMENT
PROJECT; 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, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND, FIVE HUNDRED AND SEVENTY-SIX Page 3 of 162
Regular City Council Agenda June 9, 2010 Page 4 DOLLARS AND 46/100 CENTS ($14,576.46) TO SK QUALITY CONTRACTOR, INC., FOR THE CONSTRUCTION OF THE NORWOOD POOL PIPING REPLACEMENT PROJECT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AWARDING A BID TO FG ATHLETICS, LLC, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-NINE THOUSAND, ONE HUNDRED DOLLARS ($179,100.00), FOR FOOTBALL UNIFORMS; AUTHORIZING THE CITY MANAGER
TO ISSUE A PURCHASE ORDER NOT TO EXCEED THIS AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-4) A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE VACANT/ABANDONED PROPERTY WATCH LIST PROGRAM; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN BARBARA WATSON) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE
CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO RECEIVE A GRANT FROM THE MIAMI-DADE COUNTY LANDSCAPE COMMITTEE IN THE AMOUNT OF ONE HUNDRED SIXTY-EIGHT THOUSAND, EIGHT HUNDRED
EIGHTY DOLLARS ($168,880.00), TO LANDSCAPE ALONG N.W. 183RD STREET FROM N.W. 27TH AVENUE TO N.W. 47TH AVENUE; AUTHORIZING A MATCH OF FUNDS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP., ATTACHED HERETO AS EXHIBIT “A,” FOR STORMWATER DRAINAGE IMPROVEMENT PROJECT
FOR THE BUNCHE PARK AREA, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-EIGHT THOUSAND, FIVE HUNDRED EIGHT Page 4 of 162
Regular City Council Agenda June 9, 2010 Page 5 DOLLARS ($168,508.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. (SPONSORED BY THE CITY MANAGER) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH
ROCK POWER PAVING, INC., ATTACHED HERETO AS EXHIBIT “A,” FOR THE N.W. 175TH/N.W. 12TH AVENUE STORMWATER WATER DRAINAGE PROJECT, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND, NINE
HUNDRED SEVEN DOLLARS ($100,907.00), INCLUDING A TEN PERCENT (10%) CONTINGENCY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA ADOPTING A “HOMEOWNER’S BILL OF RIGHTS” AS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR DIRECTIONS TO THE
CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (COUNCILMAN OLIVER GILBERT) (K) RESOLUTIONS (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
(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./2750, 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. 2750. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardensfl.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 162
Reply To: Fort Lauderdale Yolanda Cash Jackson, Esq. Direct dial: (954) 985-4132 YJackson@becker-poliakoff.com Emerald Lake Corporate Park 3111 Stirling Road Fort Lauderdale, Florida
33312-6525 Phone: (954) 987-7550 Fax: (954) 985-4176 Mailing Address: P.O. Box 9057 Ft. Lauderdale, FL 33310-9057 June 3, 2010 TO: Honorable Shirley Gibson Honorable Aaron Campbell Honorable
Oliver Gilbert III Honorable Barbara Watson Honorable André Williams Honorable Melvin Bratton Honorable Sharon Pritchett Re: 2010 City of Miami Gardens Legislative Session Report Dear
Honorable Mayor and City Councilmembers: The 2010 Florida State Legislative Session ended Sine Die on April 30, 2010. The final act was the passage of the $70.4 Billion Florida State
budget. Going into the Session, the budget deficit was over $3.2 Billion. In the end the deficit was closed using one time federal stimulus money (American Recovery Act), new revenue
from the Seminole Compact, and sweeps of dozens of State Trust funds that were established for specific purposes. During the 2010 Regular Session, we advocated and monitored bills that
addressed the City’s following legislative proposals: Cultural Arts/Recreation and Open Space Program Funding The City of Miami Gardens supports the preservation of state funding for
cultural programs and recreation and opens space programs. Update: Due to the anticipated budget shortfall for the following fiscal year, legislators we forced again to impose additional
cuts to these programs. In fact, all areas of the budget faced an average budget reduction of 7% to prepare for future State budgets. Home Rule The City of Miami Gardens City Council
opposes legislative efforts to interfere with the governance or administration of local government. Update: We monitored legislation that would have pre-empted the City’s governance
and administration. We were successful in ITEM F-1) PRESENTATION 2010 Legislative Session Update Page 6 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 2 defeating legislation, HB 301, which would have pre-empted local regulation of locksmith services. We also worked with the
League to stop legislation, SB 2282, which would have imposed a mandatory reduction of officials’ salaries by 5% for the 2010-11 fiscal year. The legislation was never heard or filed
in the House. Municipal Memberships The City of Miami gardens City Council opposes any legislation that seeks to remove a municipality’s ability to pay membership dues to organizations
that assist in representing municipal interests before the Florida Legislature or any other unit of Federal, State, or local government. Update: We continued to monitor for any legislation
or amendments that would have addressed the City’s concerns. During the 2010 Session, this legislation was not introduced. Municipal Revenues The City of Miami Gardens City Council opposes
any legislative action that seeks to further limit or reduce local government revenues, including additional constitutional amendments. Update: Local Governments, as in recent Sessions,
were faced with a unfunded mandates and bills that threatened the governance of local municipalities. With our strong working relationship with the Florida League of Cities, we were
able to defeat many of the bills that would have impacted the City. The biggest fight dealt with legislation sponsored by the Incoming Senate President, Senator Mike Haridopolos. He
once again sponsored legislation limiting local government revenues and would have required voter approval of taxes and fees. The legislation, known as TABOR, was fought by our team
and the League during the entire Session. It barely passed in one Senate committee and was never filed in the House. We anticipate this legislation will be filed again. In addition,
we worked hard on stopping legislation that would have impacted the property tax revenues for the City. Two additional constitutional amendments, HJR 27 and SJR 1254, were proposed revising
the annual assessments of property values and providing additional homestead exemptions. These measures would have once again crippled the City’s revenues. The resolutions were opposed
heavily by our team and a coalition if municipal representatives. We also expect additional resolutions to be filed again. Pari-Mutuel Gaming The City of Miami Gardens City Council supports
passage of legislation creating parity with Indian gaming casino competitors in the nature of Page 7 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 3 regulatory requirements, taxation, or revenue sharing structures and competing product offerings. Update: We successfully
worked with legislators to pass a gaming compact that would provide funding to the State’s Education budget and offers parity for the pari-mutuel industry. We helped to facilitate meetings
and discussions with legislative leaders and officials from the gaming industry. Below is a comprehensive summary of the Gaming Compact passed on April 19, 2010 by the Legislature and
signed into law by the Governor on April 28, 2010: SB 622 -Gaming Governor Crist signed the bill into law on April 28, 2010. This bill addresses gaming in two major ways: Seminole Tribal
Compact It ratifies the Compact executed between the Governor and the Seminole Tribe of Florida (the Tribe) on April 7, 2010, and requires the Governor to cooperate with the Tribe in
seeking approval of the ratified Compact by the Secretary of the United States Department of Interior. It also amends the Governor’s authority to negotiate future tribal gaming compacts,
as well as the procedures for transmitting such documents to the Legislature. Pari-Mutuels It changes the effective date of specific pari-mutuel provisions that were enacted in the 2009
Regular Session but which have not yet taken effect; it makes those provisions effective July 1, 2010. The Ratified Compact (Compact) Covered Games The Compact grants the Tribe the right
to offer Class III slots (Vegas-style slots) at their facilities in Broward and the exclusive right to offer Class III slots at their tribal facilities outside Broward and Miami-Dade.
The Tribe would also have the exclusive right to offer banked card games at five of its seven tribal facilities, specifically its three facilities in Broward County, its facility in
Collier County, and its facility in Hillsborough County. The tribe would receive the right to offer banked card games at its remaining facilities if the State authorizes banked card
games for any person for any purpose, except for another federally-recognized tribe that has land in federal trust as of February 1, 2010. Additionally, the Tribe is granted the right
to offer raffles and drawings and any new game authorized by Florida law for any person for any purpose. Term of the Compact The Compact grants the Tribe the right to operate slot machines
for 20 years and the right to operate banked card games at its facilities in Broward, Collier, and Hillsborough Counties for the first 5 years of the Compact. If the Legislature does
not affirmatively renew the banked card games, the Tribe must cease operating banked card games within 90 days of the expiration of the five-year term. If the Page 8 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 4 Tribe does not cease operations, the State is entitled to seek immediate injunctive relief in court. Tribal Payments The
Compact provides that the Tribe agrees to make payments to the State from the Tribe’s net win in consideration of the substantial exclusivity accorded to the Tribe by the State. Net
win is defined in the Compact to mean the “total receipts from the play of all covered games less all prize payouts and free play or promotional credits issued by the Tribe.” The Compact
also provides that the State shall be reimbursed for the cost of regulation in an amount not to exceed a $250,000 annual oversight assessment. Additionally, it requires the Tribe to
contribute $250,000 per facility per year to the Florida Council on Compulsive Gambling. Finally, the Compact requires the Tribe to continue making payments to the State prior to the
Compact taking effect so long as the Tribe continues operating Class III gaming and provides that moneys paid by the Tribe prior to the Compact going into effect are released by the
Tribe without further obligation or encumbrance. The Compact does not designate where revenue sharing is to be deposited; however, the bill directs their deposit into the General Revenue
Fund (GR). The Compact specifies that 3 percent of the Tribe’s revenue share payment to the State is to offset impacts to local government as provided by the Legislature. In accordance
with the ratified Compact, the bill details a schedule for the distribution of 3 percent of the revenue share payment from GR to local government. Exclusivity & Reduction of Revenue
Sharing Under the Compact, the tribal exclusivity is considered breached and tribal revenue sharing ceases if Florida law is amended or interpreted to authorize Class III gaming or “other
casino style games” not in operation on February 1, 2010. The phrase “other casino style games” is defined to include slot machines, electronically assisted bingo or electronically assisted
pull tab games, games, table games, and VLTs or similar games. Under the Compact, if the discontinuance of revenue share provisions is triggered by legislative act or constitutional
amendment (i.e., new gaming is authorized) then revenue sharing will cease when the newly authorized gaming begins. If the discontinuance of revenue share provisions are triggered by
judicial ruling or administrative act and the new gaming begins, the Tribe will continue to make payments into an escrow account. The Legislature will have 12 months to act to remedy
the breach of exclusivity. If the gaming is stopped or the Legislature makes the activity illegal, the moneys will be released to the State. If the Legislature fails to act or the gaming
continues beyond 12 months, then the moneys will be released to the Tribe. The Compact further provides exceptions that would not be considered a breach of exclusivity and, therefore,
would not result in a complete discontinuance in revenue sharing. These exceptions include the operation of the following games or activities: Page 9 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 5 Slot machines at the eight presently operating licensed pari-mutuel facilities in Broward and Miami-Dade Counties provided
the licenses are not transferred or moved to operate slot machines at another location; Pari-mutuel wagering activities at pari-mutuel facilities licensed by the State; Poker, including
no-limit poker, at card rooms licensed by the State; Lottery games of the type authorized by law and operated by the Florida Department of Lottery (DOL) as of February 1, 2010, excluding
any: Player-activated or operated machines or devices other than up to a maximum of 10 electronic lottery vending machines at any one facility which dispense: Instant paper tickets (i.e.,
scratch-offs); Paper tickets where the winner is selected at a later drawing conducted by DOL; or Electronic instant tickets where a winning ticket is selected by touch screen; however,
electronic instant ticket machines may not be installed at licensed pari-mutuel facilities. facilities. Banked or banking card or table games. Games authorized by ch. 849, F.S., as of
February 1, 2010, which would include bingo, penny ante poker, dominoes, et cetera; A combined total of not more than 350 restricted Historic Racing Machines and restricted Electronic
Bingo Machines, as authorized by law, at each pari-mutuel facility licensed as of February 1, 2010, except for pari-mutuel facilities in Broward County or Miami-Dade County; or Class
III games authorized by a State compact with another federally-recognized tribe with land in federal trust in Florida as of February 1, 2010. Therefore, additional exceptions in the
Compact that would not trigger a complete discontinuance or cessation of revenue sharing but could have the effect of reducing revenue sharing payments. Authorization of the following
gaming activities could reduce revenue sharing payments under certain conditions: Authorization of Class III or other “casino style games” (except slots) at the eight presently operating
licensed pari-mutuel facilities in Broward and Miami-Dade Counties would entitle the Broward Tribal facilities to reduce their payments by an amount equal to 50 percent of any decline
in their revenues. In addition, the Tribe would no longer be subject to paying the guaranteed minimums, but instead would make payments in accordance with the percentage revenue sharing
schedule. Authorization by law or constitutional amendment of any new Class III or other casino style games at a facility in Broward or Miami-Dade Counties—other than at any of the eight
presently operating licensed pari-mutuel facilities in those counties—would trigger a cessation of the revenue share derived from the Broward tribal facilities. The Tribe would also
be released from making the guaranteed minimum payments; however, they would still be obligated to make payments based on the percentage revenue sharing schedule and the net win generated
from the Tribe’s facilities outside of Broward. Authorization of Internet/online gaming by the State would would relieve the Tribe from making the guaranteed minimum payments if the
Tribe’s net win declines more than 5 percent. However, the Tribe would still be required to make payments based on the percentage revenue sharing Page 10 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 6 schedule. Also, the Tribe would not be relieved from paying the guaranteed minimums if the Tribe itself engages in Internet
gaming or the decline in Tribal net win is actually due to acts of God, war, terrorism, fires, floods or accidents causing damage to or destruction of one or more of the Tribe’s facilities.
State Oversight and Independent Audits Under the Compact, regulatory responsibility belongs to the Tribe; however, the State has an oversight role to ensure compliance with the Compact’s
terms. The Tribe is responsible for ensuring that facilities and covered games are operated in compliance with the Seminole Tribal Gaming Code, the rules, regulations, procedures, specifications
and standards adopted by the National Indian Gaming Commission and the Compact. The bill statutorily designates the Division of Parimutuel Wagering of the Department of Business and
Professional Regulation as the state agency to carry out oversight responsibilities. The Compact authorizes the State to conduct a random inspection each month which shall not last for
more than two days or 10 hours, except when substantial noncompliance is discovered, and additional time is deemed necessary by the Department. There is an annual cap of 1200 on-site
hours for all random inspections and audits across all facilities. Although the Department may have access to the public areas without notice, the Department must notify the Seminole
Tribe Gaming Commission at the commencement of an inspection, and at least one-hour notice is required when the inspection will include non-public areas of the facility. Additionally,
the State may secure an annual independent audit of the operation of covered games and the revenues connected with covered games. Patron Disputes and Waiver of Immunity in Tort Under
the Compact, all patron disputes related to covered games will be handled pursuant to tribal policies in the Seminole Tribal Gaming Code. Workers’ Compensation claims are handled in
accordance with the Tribe’s Worker’s Compensation Ordinance. A patron who is injured in a facility where covered games are played must provide written notice to the Tribe of the claim.
The Tribe has 30 days to respond and begin to resolve the claim. If the Tribe does not respond, the patron may seek relief in any court of competent jurisdiction. If the Tribe does respond,
they have a year to resolve the claim. After one year the patron may seek relief in any court of competent jurisdiction. Patron tort claims are subject to a 4-year statute of limitations,
but the patron must give notice to the Tribe within 3 years of the incident or the claim is barred. In the Compact, the Tribe waives its sovereign immunity for tort claims in the same
levels waived by the State: up to a $100,000 per person and $200,000 per occurrence. The Tribe must maintain insurance coverage sufficient to pay covered claims made by patrons up to
the immunity waiver limits. Patron claims against the Tribe or its subordinate governmental or economic units or agents must be made solely against the Tribe as the only party in interest.
State/Tribal Dispute Resolution Page 11 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 7 The Compact provides that if either party believes the other has breached the terms of the Compact or a dispute otherwise
arises, the party asserting noncompliance or seeking an interpretation shall notify the other party in writing. The State and the Tribe shall meet within 30 days of such notice to attempt
to resolve any dispute. If the matter is not resolved, the parties must seek resolution through mediation; however, the duration of the mediation is limited to no more than 60 calendar
days, unless the parties negotiate an extension. If there is no resolution after mediation, the parties may seek relief in federal court. If the federal court declines to exercise jurisdiction
or if precedent exists that denies a federal court jurisdiction over the matter, the parties may seek relief in state circuit court in Broward County. The Tribe waives its sovereign
immunity from suit under the Compact, but the waiver does not extend to any third party who who is joined or intervenes. If a third party’s participation would result in the waiver of
sovereign immunity as to that third party, the Tribe may revoke its waiver of sovereign immunity entirely. Amendment of the Compact or Tribal Rules & Regulations The Compact states that
any amendment of the Compact must be by “written agreement of the parties” subject to approval of the Secretary of the Interior; furthermore, any amendment that alters the provisions
relating to the covered games, the amount of revenue payments, the suspension or reduction of revenue payments, or the exclusivity of gaming operations must be ratified by the Florida
Legislature. Miscellaneous The Compact requires the Tribe to maintain a minimum payout of 85 percent per facility for slot machines. The Tribe must also provide non-smoking gaming areas
at all facilities within five years. The Tribe must also maintain its programs related to prevent problem gaming, drunk driving and underage drinking. The Pari-mutuel Provisions The
bill changes the effective date of certain pari-mutuel provisions that were enacted in the 2009 Extended Regular Session. The legislation made those provisions effective only if a Seminole
gaming Compact was negotiated in accordance with the legislation, was ratified by the Legislature, and then approved at the federal level. Since those contingent events never occurred,
the pari-mutuel provisions have not taken effect yet. The bill specifies July 1, 2010, as the date for
them to take effect and removes the contingencies related to the approval of a gaming Compact. The major pari-mutuel provisions enacted in the 2009 Extended Regular Session contained
in ch. 2009-170, Laws of Florida, which this bill makes effective July 1, 2010, include: Reducing the tax rate on slot machine revenue from 50 percent to 35 percent but requiring the
payment of tax revenue in an amount no less than the amount collected in FY 2008-2009; Gradually reducing the slot machine annual license fee from $3 million to $2 million; Allowing
for slot machines to be linked using a progressive system; Page 12 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 8 Providing that the payout percentage of a slot machine facility shall be no less than 85 percent; Authorizing Class III slot
machines in a county that has had a referendum approving slots or has a referendum approving slots that was approved by law or the Constitution provided that such facility has conducted
two years of racing and complies with other requirements for slot licensure; Providing that an initial cardroom license shall not be issued unless the permitholder has a facility and
has begun racing; Allowing for the conduct of no limit poker in cardrooms; Extending the hours of cardroom operation from 12 hours per day to 18 hours per day Monday through Friday and
24 hours per day Saturday and Sunday. Gradually increasing the number of performances that comprise a full schedule of live racing for quarter horses; Allowing quarter horse permitholders
to run thoroughbred races up to 50 percent of the time; Authorizing a quarter horse permit to convert to a limited thoroughbred permit; Restricting quarter horse permit holders to a
35-mile lease restriction; Authorizing a jai alai permit to convert to a greyhound permit if certain requirements are satisfied; Streamlining regulatory procedures for the pari-mutuel
industry by: Changing the term “year” to FY instead of calendar year; Requiring monthly payment of taxes instead of weekly payments beginning on July 1, 2012; Providing a consistent
definition of the term “conviction” for purposes of licensure; Providing flexibility for occupational license renewal and fees; Providing enhanced fingerprint regulations; Expanding
the current cruelty to animal prohibitions; and Providing for greater flexibility in the payment of breeders’ and stallion awards. Proportionate Share of State Funding The City of Miami
Gardens City Council supports the Florida Legislature equalizing the proportionate share amount of funding provided to each jurisdiction from state funds based on population of each
region in Florida. Update: We worked with our Delegation members on this very important issue. In Tallahassee, Miami-Dade County is often referred to as a donor county. We will continue
to work with our returning and new legislators to advocate for a more equitable allocation of state funds. Red Light Cameras The City of Miami Gardens City Council opposes legislation
that seeks to limit a municipality’s ability to impose civil penalties for traffic infractions related to red light running and/or restrict a municipality’s ability to impose civil penalties
for traffic infractions related to red light running and/or Page 13 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 9 restrict a municipality’s ability to obtain Right of way permits for the installation of red light cameras with their jurisdiction.
Update: We successfully worked with the Senate and House sponsors, Senator Jeremy Ring and Representative Ron Reagan, to finally pass this legislation. Before Session began, we joined
the League and a number of municipal interests to work on drafting the legislation. We also worked with the Deputy City Manager Renee Farmer and staff to provide the sponsors with language
to improve the legislation. Our lobbying efforts were aided by providing legislators with the City’s reports detailing the reduction of accidents as a result of the installing red light
cameras. We were also faced with defeating legislation, HB 1235, that would have prohibited the use of red light cameras throughout the State. This legislation ultimately failed. Our
red light cameras legislation passed during the final week of Session on April 27, 2010. It was then signed into law by the Governor on May 13, 2010. Below is a summary of the legislation:
HB 325 -Uniform Traffic Control Governor Crist signed the bill into law on May 13, 2010. The bill creates the “Mark Wandall Traffic Safety Act,” expressly preempting to the state regulation
of the use of cameras to enforce the provisions of ch. 316, F.S., and authorizing the Department of Highway Safety and Motor Vehicles (DHSMV), counties, and municipalities to use cameras
to enforce violations of ss. 316.074(1) and 316.075(1)(c)1., F.S., for a driver’s failure to stop at a traffic signal. The bill defines a “traffic infraction detector” as a vehicle sensor
and a camera, working in connection with a traffic control device, to record a series of images or video of motor vehicles failing to stop at an intersection. The detector must be capable
of recording only the rear of the motor vehicle, and any notification or citation issued from a detector must show the license tag of the offending vehicle and the traffic control device.
The bill requires signage at intersections using traffic infraction detectors, and provides that traffic infraction detectors may not be used to enforce violations when the driver is
making a right turn in a careful and prudent manner. The bill provides processes regarding required notifications, the issuance of citations to registered owners of motor vehicles, and
defenses available to vehicle owners. Notifications and citations must include the images indicating that the motor vehicle violated a traffic control device, and must offer a physical
location or an Internet address where images or video may be reviewed. When a citation is issued, it may be challenged in a judicial proceeding in the same manner as other traffic violations.
A contested citation upheld by the court may result in additional court costs and fees. Page 14 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 10 The bill increases the penalty for any violations of s. 316.074(1) or S. 316.075(1)(c)1., F.S., from $125 to $158, regardless
of the method of enforcement, and provides for distribution of revenue collected as follows. When a citation is issued by a law enforcement officer: $60 is distributed to local governments
and to various law enforcement, healthcare, and other areas as provided in s. 318.21, F.S.; $65 is distributed to the Department of Health Administrative Trust Fund; $30 is distributed
to the General Revenue Fund; and $3 is distributed to the Brain and Spinal Cord Injury Trust Fund. When a notification or citation is issued by the Department of Highway Safety and Motor
Vehicles: $100 is distributed to the General Revenue Fund; $10 is distributed to the Department of Health Administrative Trust Fund; $3 is distributed to the Brain and Spinal Cord Injury
Trust Fund; and $45 is distributed to the local county or municipality in which the traffic infraction detector is located. When a notification or citation is issued by a county or municipality:
$70 is distributed to the General Revenue Fund; $10 is distributed to the Department of Health Administrative Trust Fund; $3 is distributed to the Brain and Spinal Cord Injury Trust
Fund; and $75 is distributed to the local county or municipality in which the traffic infraction detector is located. Points may not be assessed against a driver's license for infractions
enforced by the use of a traffic infraction detector, and violations may not be used for purposes of setting motor vehicle insurance rates. The bill provides a transitional period for
those counties and municipalities instituting a traffic infraction detector program on or before July 1, 2011. These counties and municipalities may continue to use equipment acquired
under an agreement entered into on or before July 1, 2011. The bill provides that an individual may not receive a commission or per-ticket fee from any revenue collected from violations
detected through the use of a traffic infraction detector, and provides that a manufacturer or vendor may not receive a fee or remuneration based upon the number of violations detected
through the use of a traffic infraction detector. Each governmental entity that operates a traffic infraction detector must submit an annual report to DHSMV which details the results
of the detectors and the procedures for enforcement. DHSMV must subsequently submit an annual summary report to the Governor and Legislature. The report must include a review of the
information submitted by the counties and municipalities and any recommendations or necessary legislation. The bill provides a severability clause. Water Surcharge Legislation The City
of Miami Gardens City Council supports legislation that seeks to reinstate limitations on utility rates charged outside municipal boundaries Page 15 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 11 in counties with a population of more than 1.5 million as of the most recent decennial census. Update: We worked with Representative
Braynon and legislative staff to address the concerns with the legislation. The legislation was not heard during this Session. We are working with the Representative to address this
issue with officials from both Cities. Outdoor Advertising The City of Miami Gardens City Council opposes PCB-10-03 relating to Outdoor Advertising. Update: We successfully worked to
defeat this proposed legislation that would removed the City’s ability to establish sign ordinances. The bill was temporarily postponed in committee on February 3, 2010 and failed during
Session. Foreclosures The City of Miami Gardens City Council expressed interest in legislation that dealt with housing and foreclosures. Update: We worked with the League, Miami-Dade
County, and other interests to help pass HB 665 during the 2010 Session. HB 665 would have removed the statutory limitation on documentary stamp revenue funds that would have generated
more money fro affordable housing. The legislation eventually passed unanimous in the House on April 19, 2010. The Senate passed the bill but also added an amendment which the House
refused to accept. The affordable housing legislation died as Session ended. We worked with the Senate sponsor of HB 1523, which would have created an optional nonjudicial foreclosure
process modeled on the Uniform Nonjudicial Foreclosure Act. We met with the Senate sponsor, Senator Bennett, to discuss the status of the bill. He explained to us that bill’s passage
relied on the banking industry’s willingness to provide more notification to homeowners in foreclosure. The banking industry did not offer any compromise to the Senator’s legislation.
The foreclosure eventually died in committee during Session. The following legislation did pass during the 2010 Session and was signed into law by the Governor on May 27, 2010: HB 1411
-Foreclosures Governor Crist signed the bill into law on May 27, 2010. Page 16 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 12 It is common to borrow money and pledge an asset as security for a loan. If the loan is not timely paid, the creditor may
take the property, sell it, and apply the proceeds of sale against the debt. Where personal property is pledged, a creditor has the option of judicial or nonjudicial process for taking
the property and selling it. However, current law only allows for judicial process known as foreclosure to take a timeshare interest and sell it for the benefit of the creditor. A timeshare
is a vacation product that allows multiple persons to share ownership of a vacation property where each owner is entitled to use a vacation property for a short period of time each year.
Timeshare owners often pledge the timeshare interest, usually in order to pay the purchase price. All timeshare owners owe regular assessments to the managing entity to pay their share
of the continuing expenses of operating the timeshare. Current law provides that the debt for regular assessments is a lien against the timeshare. This bill provides a trustee process
for the foreclosure of liens against timeshare interests. The bill creates separate but similar procedures for the foreclosure of liens based on unpaid assessments and for mortgage liens.
Under either process, a trustee is appointed to give notice of the foreclosure to the owner and all other interested parties, conduct an auction sale, distribute the proceeds of the
sale, and transfer title to the prevailing bidder. In either process, the timeshare owner may object to the trustee foreclosure process and may contest the foreclosure through a judicial
process. A timeshare owner that does not object is not subject to a deficiency judgment. This process is applicable to all timeshare interests in which a default in payment of assessments
occurs after the effective date of the bill. In addition, the nonjudicial process is applicable only to mortgages that include specific language and that are executed after the effective
date of the bill. A mortgage may be amended after the effective date of this bill to include the specific language allowing for trustee foreclosure. The bill also requires a nonjudicial
foreclosure fee and creates new third degree felony offenses applicable to a timeshare foreclosure trustee who intentionally fails to follow the required procedures. LEGISLATION UPDATE
From a total of 2,680 bills filed, only 301 bills passed during the 2010 Legislative Session. We closely monitored legislation that would directly impact the City of Miami Gardens. Below,
we have compiled a summary of bills that the City can review and share with the constituents. ECONOMIC DEVELOPMENT SB 1752 -Economic Development Governor Crist signed the bill into law
on May 28, 2010. Page 17 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 13 To continue encouraging the state’s economic recovery and position the state for the future, the bill addresses several
key issues: business expansion and retention; focused incentives for the space and film industries; assisting small and medium-sized businesses; providing incentives to hire the unemployed;
encouraging and assisting local governments, including rural areas, with business retention and recruitment; and regulatory streamlining. Business Expansion and Retention: Entertainment
Industry Financial Incentive Program The bill creates a five-year, $242 million transferable tax credit incentive program for Florida’s film and entertainment industry. Generally, the
credits are 20 percent of qualified expenditures, with additional amounts available in certain circumstances. The bill allows a wide range of production types to qualify. Examples include
motion pictures, television series, television pilots, and digital media projects. The bill provides that credits awarded may be used to offset corporate income tax or sales and use
tax liabilities. However, tax credits awarded may not be claimed for any tax period beginning before July 1, 2011, regardless of when the credits are applied for or awarded. The total
amount of tax credits authorized under this bill is $53.5 million for FY 2010-11, $74.5 million for FY 2011-12, and $38 million per year for FYs 2012-13, 2013-14, and 2014-15. Space
Industry The bill appropriates $29.8 million to Space Florida, including $13.6 million to address financing, business development, and infrastructure needs; $3.2 million for workforce
development assistance; $3 million for targeting and recruitment of new space-based enterprises. The bill also provides flexibility with a previous appropriation for space infrastructure
needs. Qualified Target Industry Tax Refund Program The bill enhances the incentives provided through the Qualified Target Industry Tax Refund program by providing $2,000 per-job tax
refunds for high-impact businesses or businesses that increase exports of goods through Florida seaports or airports, and a $1,000 per-job tax refund for businesses receiving matching
support from a local government. In addition, the Office of Tourism, Trade, and Economic Development is authorized to waive wage requirements for new manufacturing jobs. High Impact
Performance Incentive Grants The bill revises the High Impact Performance Incentive Grants to increase their effectiveness. The eligibility threshold for high impact businesses is reduced
to a cumulative investment in the state of at least $50 million and, at minimum, the creation of 50 new full-time jobs, which may qualify a business for a total performance grant of
$500,000 to $1 million. The qualifying amount required for research and development facilities is also reduced from $75 million and 75 jobs, to at least $25 million and 25 new full-time
jobs, which may qualify a business for a total performance grant of $700,000 to $1 million. Quick Action Closing Fund The bill appropriates $15 million to the Quick Action Closing Fund
contingent upon the enactment of federal law extending the enhanced Federal Medicaid Assistance Percentage (FMAP) rate. Further, the bill streamlines the Quick Page 18 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 14 Action Closing Fund approval process by allowing projects proposed at $2 million or below to be approved by the Speaker
and President in consultation with the Governor and through the 14 day budget amendment consultation process. Project awards over $2 million will continue to require approval by the
Legislative Budget Commission. Sales Tax on Boats The bill caps sales tax on boats at $18,000. Fractional Aircraft The bill caps the tax on purchase of a fractional aircraft share at
$300. Additionally, the bill provides a tax exemption for aircraft purchased for use in large fractional aircraft programs. Small and Medium-Sized Businesses: Research Commercialization
Matching Grant Program The bill creates the Research Commercialization Matching Grant Program and provides $3 million in grants to assist small businesses seeking federal research and
development funding. These state matching grants will help Florida small businesses compete with other states for research and development funds available from federal agencies through
the Small Business Innovation Research and Small Business Technology Transfer programs. Phase I grant applicants may receive up to $50,000 per award, and Phase II grants up to $250,000.
Early Stage Seed Capital Through the State University Research Commercialization Assistance Grant Program, the bill dedicates $2 million to increase commercialization of products and
technologies that emerge from research taking place at state universities in Florida. Export Finance The bill provides $4.9 million ($2 million contingent upon the enactment of federal
law extending the enhanced Federal Medicaid Assistance Percentage (FMAP) rate) in access to capital to assist Florida small businesses in completing shortterm export sales transactions.
Economic Gardening The bill authorizes $2 million ($1 million contingent upon the enactment of federal law extending the enhanced Federal Medicaid Assistance Percentage (FMAP) rate)
to continue the Economic Gardening Pilot Program. The program assists qualified companies by providing specific services such as market information, leadership development, and assistance
in digital media applications. Manufacturing Machinery and Equipment The bill provides for a two-year sales tax refund program for spaceport and manufacturing businesses. The current
sales tax exemption for machinery and equipment (M&E) used in an expanding spaceport or manufacturing business is modified by relaxing the method of measuring “expanding output” to make
it easier to qualify. Further, the bill provides for refunds for M&E purchases in excess of amounts spent in 2008 by spaceport and manufacturing businesses, beginning July 1, 2010. Refunds,
which are capped at Page 19 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 15 $50,000 per business in a single year will be allocated on a first-come, firstserved basis. The total amount available for
the refund is $19 million in FY 2010-11, and $24 million in FY 2011-12. The program will be administered by the Office of Tourism, Trade, and Economic Development. Assistance to Florida
Residents: Jobs for the Unemployed Tax Credit The bill authorizes a first-come, first-served, Jobs for the Unemployed Tax Credit. The program provides $10 million in total tax credits
over the next two FYs to any new or existing qualified targeted industry business that hires a new employee who is unemployed. Businesses are eligible for a $1,000 tax credit for hiring
persons unemployed at least 30 days, and that person would have to work at least 36 hours per week for at least 12 months before the business could claim the tax credit. Preference for
Florida Residents The bill requires public construction contractors to provide a preference in hiring Florida residents. Florida Homebuyer Opportunity Program The bill extends the Florida
Homebuyer Opportunity Program to July 1, 2011. The extension of this program is contingent on the U.S. Congress reauthorizing the state-assisted federal program that expired April 30,
2010. Regulatory Streamlining: Permit Extension The bill provides a two-year extension of permits issued by local governments, the Department of Environmental Protection, or a water
management district that expire between September 1, 2008, and January 1, 2012. Online Self-Certification The bill directs the Department of Environmental Protection to expand the use
of online self certification for certain exemptions and permits. A local government may not specify the method or form for documenting that a project qualifies for an exemption or meets
the requirements for a permit under chs. 161, 253, 373, or 403, F.S. This limitation of local government authority extends to Internet based department programs that provide for self-certification.
Local Government Delegation The bill creates a process for the Governor and Cabinet to review local government delegation requests that have been denied by the Department of Environmental
Protection for environmental resource permitting. Reenact Provisions of Chapter 2009-96, LOF The bill protects those actions taken in good faith under the law created by SB 360 during
the 2009 legislative session (ch. 2009-96, LOF) by reenacting the provisions relating to permit extensions, DRI exemptions, and comprehensive plan amendments relating to transportation
concurrency exception areas. Underground Fuel Tanks The bill extends the date by which certain fuel service station facilities must upgrade their fuel tanks. These facilities must be
in compliance with Department of Environmental Protection standards by September 30, 2011. Page 20 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 16 Local Government: Local Government Reporting of Economic Development Incentives In order to better assess the state’s economic
development efforts, the bill requires local governments to report annually to the Legislature on their economic development incentives. Economic Development Ad Valorem Tax Exemption
The bill allows local governments to extend economic development ad valorem tax exemptions in 10-year increments. This provision is subject to referendum for each 10-year period. Admissions
Tax The bill re-enacts an admissions tax exemption for certain events sponsored by government and nonprofit entities. Further, the bill provides an admissions tax exemption for certain
professional sporting events if such events are held in the state. Spring Training Franchises The bill directs the Office of Tourism, Trade, and Economic Development (OTTED) and its
partners to develop a strategic plan to help guide the future of spring training baseball in Florida. In addition, the bill expands the scope of the incentive, which is currently restricted
to “retained” spring training franchises that were based in Florida prior to 2000, to include any spring training franchise. This allows the incentive to be used by local communities
to attract Arizona-based teams to Florida, should additional state funding become available. It also recognizes the validity of an agreement certified under the existing spring training
provisions of law and the continued release of funding by OTTED for a certified applicant under the current law governing spring training franchises. Beach Restoration The bill provides
an appropriation of $1 million nonrecurring funds from the General Revenue Fund to the Department of Environmental Protection for beach restoration. Local Government Matching Grants
The bill funds a $3 million local government matching grants program which provides a 50-percent match of local government expenditures, up to $50,000, that are used to attract and retain
businesses in Florida. Defense Infrastructure Grants The bill authorizes $4 million ($2 million contingent upon the enactment of federal law extending the enhanced Federal Medicaid Assistance
Percentage (FMAP) rate) in Defense Infrastructure Grants to local communities for support projects associated with Florida’s military installations. Regional Rural Development Grants
Program The bill authorizes economic development organizations to use regional rural development matching grants to provide technical assistance to businesses located in rural counties
and communities. Miscellaneous: Sales Tax Exemption Page 21 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 17 The bill exempts from sales tax on rental of commercial property any percentagebased rental by persons providing certain
telecom services at civic centers or public meeting places in public lodging establishments. Enterprise Zones For condominiums, the bill eliminates the enterprise zone building materials
sales tax exemption. Aircraft The bill allows temporary visits to Florida by aircraft owners without triggering sales and use tax liability on the aircraft. Office of Tourism, Trade,
and Economic Development The bill creates and funds one position in the Office to administer the provisions of the bill that affect the Office. Studies: The bill requires the Office
of Program Policy Analysis & Government Accountability to conduct reviews of the Enterprise Zone Program and the Research Commercialization Matching Grant Program. HB 7109 -Tax Refund
Program for Qualified Target Industry Businesses Governor Crist signed the bill into law on May 27, 2010. The tax refund program for qualified target industry (QTI) businesses was designed
to encourage the recruitment or creation of higher-paying, higherskilled jobs for Floridians. The QTI program awards eligible businesses tax refunds on certain state or local taxes.
The amount of the refund awarded is based on the wages paid, number of jobs created, and where in the state the eligible business chooses to locate or expand. The minimum is $3,000 per
employee over the term of the incentive agreement signed by the business and the Governor’s Office of Tourism, Trade, and Economic Development (OTTED). The bill makes the following changes
to the QTI program to increase its efficiency and maximize its value, including: extending the program until June 30, 2020; creating a definition of return on investment; allowing leased
employees to be included in the job count; directing OTTED to begin a review of terminated QTI projects to determine the reason for termination; requiring a review of the targeted industry
list every three years in cooperation with economic development partners and universities; extending to 2012 the date by which QTI businesses may request economic recovery extensions;
and exempting renewable-energy economic development projects from the requirement that qualified target industries must be independent of Florida resources and markets. Unless reenacted
by the Legislature, the QTI program sunsets on June 30, 2010. HB 7033 -Unemployment Compensation Governor Crist signed the bill into law on March 2, 2010. Businesses are responsible
for the cost of unemployment compensation and fund it through payments into the Unemployment Compensation (UC) Trust Fund Page 22 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 18 for any employees the business has laid off. Due to the severe downturn in the economy and insolvency of the UC Trust Fund,
UC tax rates were set to rise dramatically. To provide temporary
relief from these tax increases, the bill suspends the positive adjustment tax rate factor for the next two years, amends portions of the UC statutes, and suspends changes made in the
2009 Legislative session. The bill reduces the taxable wage base from $8,500 to $7,000 for two years. In 2012, the wage base returns to $8,500, and then reverts back to $7,000 in 2015
unless there are outstanding loan balances owed to the federal government. The bill allows employers to pay UC for 2010 and 2011 in quarterly installments, and provides for payment of
interest on federal advances through an employer assessment. Tax payments to the UC Trust Fund will be reduced by an estimated $942 million in FY 2009-10 and $934 million in FY 2010-11.
However, this will result in greater borrowing from the federal government to pay benefits, and more interest due to the federal government than under current law. The bill also provides
for an extension of the “State Extended Benefits” (EB) program, effective January 2, 2010, through February 27, 2010. The federally funded program will cover up to 8 additional weeks
for claimants, which could affect an estimated 15,000 Floridians. The total cost to state and local governments to implement EB is approximately $612,633. (See CS/CS/SB 1736 for a further
extension of the State Extended Benefits program.) The bill appropriates $903,642 to the Department of Revenue and $643,862 to the Agency for Workforce Innovation for FY 2009-10 to implement
the act. The bill was effective upon becoming law March 2, 2010, except as otherwise provided, applied retroactively to June 29, 2009, and was codified as ch. 2010-1, Laws of Florida.
SB 1736 -Unemployment Compensation Governor Crist signed the bill into law on May 17, 2010. The bill makes several changes to laws related to unemployment compensation. Temporary State
Extended Unemployment Compensation Benefits The bill extends temporary state extended benefits from February 27, 2010 through June 2, 2010. The extension will fund up to 14 additional
weeks of benefits for claimants. Under this federal extension, temporary state extended benefits for former private sector employees are 100 percent federally funded (approximately $128.1
million). Approximately 107,000 Floridians will be eligible to receive additional weeks through this extension. Extended benefits for former state and local government employees do not
qualify for federal funding and must be paid by the governmental entity. The cost is estimated to total $3.6 million, of which approximately $1.1 million is from state funds and $2.6
million from local government funds. Reemployment of Unemployment Compensation Claimants To better link claimants with the state’s job bank system and available job opportunities, the
bill requires an unemployed person seeking benefits to register with the workforce information system (Employ Florida Marketplace) as part of Page 23 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 19 the process for filing a claim. Claimants are also required to report to their local one-stop employment center. Employer
Response to Notice of Claim When a claim for unemployment is first filed with the Agency for Workforce Innovation (AWI), employers of record are sent a notice of claim and an initial
monetary determination of the amount of the claim. The bill requires employers to timely respond to the notice of claim within 20 days. Failure to respond will result in those benefits
being charged to the employer’s account. A claimant would not be required to repay any overpayments due to the employer’s failure to respond, so long as there is no fraud involved. Such
efforts may reduce overpayments to unemployed individuals, and in turn, reduce the burden of socialized costs on all employers’ unemployment compensation tax rates. Unemployment Compensation
Trust Fund Trigger The bill changes the trust fund balance date for the adjustment factor calculation from June 30 to September 30, which is closer to the beginning of the year to which
the tax calculation applies. Unemployment Compensation Tax Administration This bill includes several statutory changes that may improve tax administration and improve the Department
of Revenue’s (DOR) enforcement of UC tax laws such as updating enforcement provisions related to delinquent UC tax collections by conforming Florida’s UC tax liens to federal law, and
imposing reasonable disincentives on businesses that routinely submit erroneous, incorrect or incomplete quarterly reports to DOR, or that fail to comply with the current law to submit
the information in the required format. The bill also makes changes recommended by the Division of Statutory Revision including amending s. 443.141, F.S., to update a reference to the
federal bankruptcy act, and amending s. 443.1715, F.S., to replace a reference to the former Florida Department of Labor and Employment Security. PROPERTY ASSESSMENTS HB 7179 -Qualifying
Improvements to Real Property Governor Crist signed the bill into law on May 27, 2010. Qualifying Improvements to Real Property This legislation creates s. 163.08, F.S., providing supplemental
authority to local governments regarding qualifying improvements to real property. Specifically, the bill authorizes a property owner to voluntarily enter into a financing agreement
with a local government, which is defined in the bill as a county, a municipality, or a dependent special district, for the purpose of providing financing for qualifying improvements
to residential, commercial, or industrial property. A local government may also partner with one or more local governments for the purpose of providing and financing qualifying improvements.
A “qualifying improvement” includes any: Page 24 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 20 Energy conservation and efficiency improvement, which is a measure to reduce consumption through conservation or more efficient
use of: • Electricity; • Natural gas; • Propane; or • Other forms of energy on the property. Renewable energy improvement, which is the installation of any system in which the electrical,
mechanical, or thermal energy is produced from a method that uses one or more of the following fuels or energy sources: • Hydrogen; • Solar energy; • Geothermal energy; • Bioenergy;
or • Wind energy. Wind resistance improvement, which includes, but is not limited to: • Improving the strength of the roof deck attachment; • Creating a secondary water barrier to prevent
water intrusion; • Installing wind-resistant shingles; • Installing gable-end bracing; • Reinforcing roof-to-wall connections; • Installing storm shutters; or • Installing opening protections.
A qualifying improvement must be affixed to a building or facility that is part of the property. Any work requiring a license must be performed by a properly certified or registered
contractor, pursuant to Part I or Part II of ch. 489, F.S. The program does not cover wind resistance improvements in buildings or facilities under new construction. Under the program,
the local government would provide the upfront funding for the qualifying improvement project through proceeds of revenue bonds or other lawful debt, which would be repaid through voluntary
non-ad valorem assessments on participating property owners’ tax bills. Without the consent of the mortgage holder or loan servicer, the total amount of any non-ad valorem assessment
for a property cannot exceed 20 percent of the just value of the property, as determined by the county property appraiser. However, if an energy conservation and efficiency or a renewable
energy qualifying improvement is supported by an energy audit, the amount financed is not limited to 20 percent if the audit demonstrates that the annual energy savings from the qualified
improvement equals or exceeds the annual repayment amount of the assessment. The local government may enter into a financing agreement only with the record owner of the property and
this agreement or a summary memorandum of the agreement must be recorded in the public records of the county within five days after the agreement is executed. The recorded document must
give constructive notice that the assessment to be levied on the property constitutes a lien of equal dignity to county taxes and assessments. Page 25 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 21 The bill provides that, at least 30 days before entering into the financing agreement, the property owner must provide notice
to the mortgage holder or loan servicer of the intent to enter into the agreement, the maximum amount to be financed, and the maximum annual assessment that will be required to repay
the amount. The property owner must provide proof to the local government that this notice has been provided to the holders of the mortgage or loan. The bill provides that “A provision
in any agreement between a mortgagee or other lienholder and a property owner, or otherwise now or hereafter binding upon a property owner, which allows for acceleration of payment of
the mortgage, note, or lien or other unilateral modification solely as a result of entering into a financing agreement as provided for in this section is not enforceable.” However, the
bill recognizes that the mortgage holder or loan servicer may increase the required monthly escrow by an amount necessary to annually pay the qualifying improvement assessment. The bill
requires a participating local government to follow the uniform method for the levy, collection, and enforcement of non-ad valorem assessments, enumerated in s. 197.3632, F.S., which
requires a resolution by the local government, public hearings, published notices in the newspaper, and individual mail notices to property owners informing them of the assessment and
their right to attend a public hearing. Under current law, the special assessment process must be initiated prior to January 1 of each year. The bill provides an exception to the provisions
in s. 197.3632, F.S., allowing the process to start on or before August 15, if the property appraiser, tax collector, and local government agree. For purposes of bond repayment, the
bill prohibits an early payment discount for the non-ad valorem assessment. The bill provides that the authority is additional and supplemental to county and municipal home rule authority.
Loan Guaranty Program The bill amends statutory provisions creating the Florida Development Finance Corporation (FDFC) (ss. 288.9602-288.9610, F.S.) and conforms crossreferences to allow
for the state’s participation in the U.S. Department of Energy’s 1705 Guaranteed Loan Program (s. 406 of the American Recovery and Reinvestment Act of 2009), which provides federal government
loan guarantees for certain renewable energy systems, electric transmission systems, and leading edge biofuels projects. The bill changes the definition of the term “guaranty fund” from
the “Revenue Bond Guaranty Reserve Account” to the “Energy, Technology, and Economic Development Guaranty Fund,” and authorizes the FDFC to issue revenue bonds or other evidence of indebtedness
for the purpose of financing capital projects which promote economic development within the state. Specifically, the bill authorizes the FDFC to: Finance the undertaking of any project
within the state that promotes renewable energy as defined in s. 377.803 or s. 366.91, F.S.; Page 26 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 22 Finance the undertaking of any project within the state that is a project contemplated or allowed under s. 406 of the American
Recovery and Reinvestment Act of 2009; or If permitted by federal law, finance qualifying improvement projects within the state, pursuant to s. 163.08, F.S. The bill allows the FDFC
to accept funds from the state, a county, or other public agency. The bill authorizes the FDFC to guarantee debt service payments for bonds or other indebtedness and limits these guarantees
to no more than five percent of the total aggregate principal amount of bonds or other indebtedness relating to any one capital project. It specifically authorizes the FDFC to use moneys
deposited in the guaranty agreement fund to satisfy requirements to obtain federal loan guarantees for capital projects authorized under the section. It requires that all policies, procedures,
and regulations of the program that are used in conjunction with the federal program comply with the federal requirements. The bill deletes obsolete language relating to the State Transportation
Trust Fund with regard to the FDFC. Energy Economic Zone Pilot Project Study The bill directs the Department of Community Affairs (DCA) and the Office of Tourism, Trade, and Economic
Development (OTTED), in consultation with the Florida Energy and Climate Commission, to make recommendations to the Governor, the Senate President, and the Speaker of the House of Representatives
regarding appropriate incentives and statutory revisions necessary to provide the Energy Economic Zone Pilot Program (pilot program) communities with tools for accomplishing the goals
of the program, which is established in s. 377.809, F.S. The deadline for the recommendations is February 1, 2011, and must include consideration of: Fiscal and regulatory incentives;
A jobs tax credit and a corporate property tax credit; and Refunds and exemptions from sales and use taxes. The bill directs the DCA and the OTTED to coordinate with the pilot program
communities and clean technology industries to help attract those industries and investments to the state. Renewable Energy The bill adds “electrical energy produced using pipeline-quality
synthetic gas produced from waste petroleum coke with carbon capture and sequestration” to the definition of “renewable energy” in s. 366.91, F.S. HB 965 -Real Property Assessment Governor
Crist signed the bill into law on June 1, 2010. The bill requires property appraisers to take into consideration the presence of tainted imported or domestic drywall in single family
residential properties and the impact it has on the assessed value. If the tainted drywall was used in construction of, or improvements to, the home and it has a significant negative
impact on the just value of the property or improvement to the property, the Page 27 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 23 appraiser must adjust the assessed value. In addition, the purchaser must have been unaware of the presence of the tainted
drywall at the time of purchase. If the building cannot be used for its intended purpose without remediation or repair, the value of the building shall be $0. Imported or domestic drywall
covered in this act is defined as drywall that contains elevated levels of elemental sulfur that results in corrosion of certain metals. If the affected property is homestead property,
it will not be considered abandoned if the owner vacates the property during repairs and does not establish a new homestead. The bill contains a provision that the law will be repealed
on July 1, 2017, unless reviewed and reenacted by the Legislature before that date. HB 927 -Real Property Governor Crist signed the bill into law on May 26, 2010. The Florida Constitution
contains a provision that limits the assessment of homestead properties for property tax purposes. The provision is commonly referred to as Save Our Homes (SOH). Under SOH, annual increases
in valuation for tax purposes on homestead property are limited during the period that a person maintains the homestead exemption. However, upon a change in ownership, the valuation
must be increased to full value for tax purposes. Current law provides that certain types of real property transfers, including transfers between legal and equitable title, are not considered
a change in ownership that would require an increased valuation when, subsequent to the transfer, the same person is entitled to the homestead exemption as was previously entitled. Individuals
commonly transfer their homestead from legal ownership to various forms of equitable ownership as part of their estate planning. This bill provides that transfers between different forms
of equitable title are similarly not considered a change in ownership. Also, a transfer to a certain form of long-term leasehold interest will not be considered a change in ownership.
Similar to Save Our Homes, current law limits increases in property tax assessments applicable to property that is not homestead property. Because a change in ownership is not apparent
when only ownership interests in a business entity are transferred, current law requires business entities to notify the property appraiser upon the sale of a majority interest in a
business entity. This bill requires the Department of Revenue to create a standard notification form, provides that a recorded deed serves as the required notice, and provides that a
cumulative sale of a majority of the stock of a publicly traded stock is not considered a change in ownership unless such sale is part of a merger or acquisition. HB 1279 -Assessment
of Property for Back Ad Valorem Taxes Governor Crist signed the bill into law on May 12, 2010. Page 28 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 24 The bill provides that the requirement to assess and collect for three years of back ad valorem taxes, if such taxes may
have been lawfully assessed and have not been collected, is not applicable if: The owner of a building, structure or improvement that has not been previously assessed complied with all
necessary permitting requirements when the improvement was completed; or The owner of real property voluntarily discloses to the property appraiser the existence of the property before
January 1 of the year the property is first assessed. PROPERTY INSURANCE SB 2044 -Insurance Governor Crist vetoed the bill into law on June 1, 2010. This bill makes numerous changes
to insurance laws, primarily property insurance laws. Specifically, the bill makes the following changes: Florida Hurricane Catastrophe Fund Exempts medical malpractice insurance from
assessments levied by the Florida Hurricane Catastrophe Fund for another three years, until May 31, 2013. Surplus for Property Insurance Companies to Maintain an Insurance License Increases
surplus for residential property insurance companies licensed after July 1, 2010 to maintain an insurance license from $4 million to $15 million; and Increases surplus for residential
property insurance companies licensed before July 1, 2010 to maintain an insurance license from $4 million to $15 million over a ten-year period. Additional Regulation of Residential
Property Insurance Companies by the Office of Insurance Regulation (OIR) Provides the OIR with additional regulatory authority to require residential property insurance companies to
provide financial information to the OIR regarding the insurer’s business with affiliates and to provide a risk-based capital plan to the OIR if the insurance company loses more than
15 percent of surplus on any quarterly or annual financial report or cumulatively for the calendar year. OIR Regulation of Affiliates Allows domestic property insurance companies to
enter into management agreements, service contracts, and cost-sharing arrangements with affiliates only if the insurer gives notice to the OIR and the OIR does not disapprove the agreement,
contract, or arrangement within a specified time period. Managing General Agents Allows the OIR to examine all managing general agents as if they were the insurer. Annual Statement Preparation
by Insurance Companies Page 29 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 25 Prohibits any insurer from using the same accountant or partner of an accounting firm to prepare the insurer’s audited financial
report for more than five consecutive years. Crop Insurance Changes how certain crop insurance is included in the calculation of an insurance company’s writing ratio. Exemption from
Examination for Customer Representative Licensure Exempts applicants from the examination required for licensure as a property insurance customer representative if the applicant is designated
a Certified Insurance Representative from the National Association of Christian Catastrophe Insurance Adjusters. Public Adjusters Provides specific statements that are deceptive or misleading
if the statements are contained in advertising or solicitation of public adjusters such that if a public adjuster uses these statements in advertising or solicitation, the adjuster commits
an unfair and deceptive trade practice; Requires any written advertisements by public adjusters to contain a specific disclaimer in bold print and capital letters in a specific typeface
that identifies the advertisement as a solicitation for business; Specifies certain actions a public adjuster and an insurance company must take in residential property and condominium
unit owner property insurance claims, primarily relating to inspection of the damaged property, meeting with the policyholder, and notifying the insurance company of the claim; Requires
continuing education in claims adjusting for public adjuster apprentices; Specifies additional contents for public adjuster contracts; Adds a fee cap of 20 percent of the claim payment
obtained on reopened or supplemental residential and condominium unit owner claims involving public adjusters; and Forbids contractors from adjusting property insurance claims but allows
contractors to submit bids to the policyholder to repair or replace damaged property. Timeframe for Filing A Property Insurance Claim Requires a notice of an initial, supplemental, or
reopened personal lines residential property insurance claim resulting from windstorm or a hurricane event to be filed with the insurance company within three years after the hurricane
first made landfall or the windstorm caused the damage which forms the basis of the claim; and Precludes the timeframe for filing a property insurance claim from affecting any statute
of limitations applying to initial, supplemental, or reopened claims. Insurance Company Report Card Requires the Insurance Consumer Advocate to publish a report card each year setting
forth a letter grade for each personal residential property insurance company based on valid consumer complaints and other specified information. OIR Action Relating to Insurance Agent
Costs Page 30 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 26 Prohibits the OIR from directly or indirectly interfering in an insurance company’s payment of specified costs to their
insurance agents, acquisition of policyholders, advertisement, or appointment of insurance agents. Use and File Rate Filing Extends the prohibition on use of a “use and file” rate filing
for one more year, to December 31, 2011 (from December 31, 2010). Expedited Rate Filing Allows more types of costs than under current law to be included in an expedited rate filing –
any reinsurance costs, costs for financing products used to replace reinsurance, and an inflation trend factor can be included, rather than only reinsurance costs and costs related to
the Florida Hurricane Catastrophe Fund; Deletes the current prohibition against including any expense or profit load in costs included in an expedited rate filing; Keeps current law
limiting the use of an expedited rate filing by an insurance company to once every 12 months; Limits the the expedited rate filing to increasing premiums a maximum of ten percent per
policyholder in a policy year, but allows the premium to increase more than ten percent if the additional increase is due to coverage changes made by the policyholder or due to surcharges
on the policy; and Requires the OIR to annually publish an inflation trend factor for residential property insurance for use in an expedited rate filing. Medical Malpractice Insurance
Language Repeal Repeals obsolete language requiring the OIR to establish a presumed factor for the impact the 2003 medical malpractice law changes would have on medical malpractice insurance
and requiring medical malpractice insurance companies to submit a rate filing reflecting a rate decrease at least as great as the presumed factor; and Repeals current law requiring the
OIR to allow medical malpractice insurance companies to adjust medical malpractice rates if any provision of the 2003 medical malpractice law changes are invalidated by a court. Actuarial
Certification of a Property Insurance Rate Filing Provides the actuarial certification of an initial property insurance rate filing is not rendered false if the insurance company provides
additional or supplementary information to the rate filing at the request of the OIR. Mitigation Discounts Allows debits (i.e. surcharges) for property that is not mitigated; Allows
a property insurance company to raise its base rates if the company’s aggregate amount of mitigation discounts reduces the company’s revenue in an amount that exceeds the company’s reduction
in aggregate loss expected from the mitigation features and includes legislative intent relating to the issue; and Repeals the requirement that mitigation discounts be correlated with
the uniform home grading scale. Uniform Mitigation Verification Form (Mitigation Discount Form) Allows home inspectors with certain training in hurricane mitigation to sign the mitigation
discount form; Allows insurance companies to accept a mitigation discount form signed by any person with qualifications and experience acceptable to the insurance company; Page 31 of
162
City of Miami Gardens Legislative Report June 3, 2010 Page 27 Requires mitigation discount forms to be signed only by those who personally inspect the home for the existence of mitigation
features, except contractors are authorized to allow direct employees to inspect a home; Prohibits misconduct in completing the mitigation discount form or conducting the inspection
and defines misconduct; Allows the licensing board of the inspector to discipline the inspector if misconduct occurs; Allows discipline of the supervising contractor for the misconduct
of a direct employee if a direct employee of a contractor does the inspection; Requires any fraud relating to a mitigation discount inspection and the completion of a mitigation discount
form to be reported to the Division of Insurance Fraud with immunity from liability given to the person reporting the fraud; Requires the Division of Insurance Fraud to issue an investigative
report if the Division of Insurance Fraud finds probable cause of intentional mitigation mitigation inspection fraud; Requires the Division of Insurance Fraud to notify the OIR and the
licensing agency of the mitigation inspector if a finding of probable cause of mitigation inspection fraud is made; and Allows insurance companies to require mitigation inspection forms
be independently verified before accepting the mitigation discount form as valid. Website for Property Insurance Comparison Requires the OIR to implement a website for property owners
to compare various information about property insurance companies and property insurance products if an appropriation is given to the OIR for the website; and Appropriates $263,200 in
nonrecurring funds and $47,500 in recurring funds from the Insurance Regulatory Trust Fund and one FTE to the OIR for the website. Citizens Property Insurance Corporation (Citizens)
Changes the name of the “high risk account” in Citizens to the “coastal account”; Directs the Division of Statutory Revision to prepare a reviser’s bill next Session changing the term
“high risk account” to “coastal account” to conform with the changes in the bill; Requires a Citizens Policyholder Surcharge to be paid upon cancellation, termination, or renewal of
an existing Citizens’ policy or upon issuance of a new Citizens’ policy within 12 months after the surcharge levy or within the period of time needed to fully collect the surcharge;
Requires Citizens to fully levy the Citizens Policyholder Surcharge before levying a regular assessment; Makes members of the Citizens Board of Governors exempt from the conflicting
employment or contractual relationship provisions for public officers and agency employees; Requires members of the Citizens Board of Governors to abstain from voting on any measure
before the Board that would provide the member a gain or loss, would provide the member’s principal with a gain or loss, or would provide a family member or business associate of the
member a gain or loss. Provides procedures to be followed when a voting abstention occurs; and Page 32 of 162
City
of Miami Gardens Legislative Report June 3, 2010 Page 28 Extends for two years (until December 1, 2012) the time period Citizens has to reduce its 100-year probable maximum loss or be
required to reduce its windonly coverage area. Notice of Nonrenewal or Cancellation Allows Citizens to give 45 days’ notice of nonrenewal , rather than the notice of nonrenewal under
current law (generally, 100 days’ notice), if the policyholder’s property insurance policy issued by Citizens is being assumed by a private insurance company; and Allows property insurance
companies to give 45 days’ notice of nonrenewal or cancellation, rather than the notice of nonrenewal or cancellation under current law (generally, 100 days’ notice), if the OIR finds
the insurer’s policy count needs to be reduced to protect the best interests of the public or policyholders, in part, because of the inadequate financial condition of the insurance company.
Changing Insurance Policy Terms Allows insurance companies to change the terms of an insurance policy by providing notice to the policyholder of the change of policy terms with the policy
renewal notice. Replacement Cost Coverage For partial dwelling losses insured for replacement cost: requires the policyholder to be paid actual cash value up front less the applicable
deductible with the remaining amount (up to the replacement cost) paid as the repair/replacement work is done pursuant to a repair contract. Prohibits the policyholder from being required
to advance any moneys for repair by the insurance company, the contractor, or the subcontractor, but requires the policyholder to pay any incidental expenses to mitigate further damage
to the dwelling. Allows the policyholder one year after actual cash value is paid to make a claim for replacement cost; For total dwelling losses insured for replacement cost: requires
the policyholder to be paid full replacement cost (i.e., policy limits) up front and does not require the policyholder to rebuild the dwelling to obtain such payment; and For partial
or total personal property losses insured for replacement cost: maintains current law, meaning the policyholder is paid replacement cost up front whether or not the policyholder repairs
or replaces the personal property. Time Period for Insurance Company to Pay Property Insurance Claims Clarifies insurance companies must pay or deny an initial or supplemental property
insurance claim within 90 days of receipt of notice of the claim and maintains the same exceptions under current law. LOCAL GOVERNMENT HB 1157 -Local Government Prompt Payment Act Governor
Crist signed the bill into law on May 26, 2010. The bill revises provisions in Florida’s Local Government Prompt Payment Act relating to the timely payment for purchases of construction
services, the Page 33 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 29 notification and completion of the list of items required to satisfactorily complete the construction services purchased
by a local government (generally known as a “punch list”), and the resolution of disputes. The bill requires local governments to provide notification to contractors to facilitate the
payment for construction services. The local government must provide notification of: The person or office to which a contractor should submit payment requests or invoices; The date
the local government will provide a single punch list of items to be completed; The dispute resolution process to be used in the event of a disputed payment request or invoice; A payment
request or invoice rejected as improper, due in writing within 10 days of receipt; and A payment request or invoice rejected for failure to meet contract requirements, due within 20
business days of receipt of the payment request or invoice. The bill requires that a single punch list be compiled by the local government. The bill provides that the final contract
completion date must be at least 30 days after the delivery of the punch list. If the punch list is not provided to the contractor by the agreed upon date for delivery, the contract
time for completion is extended by the number of days the local government exceeded the delivery date. In addition, damages may not be assessed against a contractor for failing to complete
a project within the time required by the contract, unless the contractor failed to do so within the contract period as extended. Under this bill, items not included in the punch list
may not be used to withhold final payment of retainage. Unless the local government has provided a written notice specifying the failure of the contractor to meet contract requirements
in the development of the punch list, the final, undisputed retainage payment is due within 20 business days after receipt of a proper invoice or payment request, less any amount withheld
for incomplete or or uncorrected work. The bill provides that contractors may trigger a four-business-day response by local governments by issuing a notice that the local government
is overdue on a payment or has failed to begin dispute resolution within the timeframes provided by law or contract. This bill removes language related to court proceedings, which broadens
the ability of the prevailing party to be awarded court costs and attorney’s fees. SB 2060 -Sovereign Immunity Governor Crist signed the bill into law on April 27, 2010. Sovereign immunity
is a doctrine that prohibits lawsuits against the government without the government’s consent. In 1973, the Florida Legislature enacted a limited waiver of sovereign immunity in s. 768.28,
F.S. This section provides that the state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same Page 34 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 30 extent as a private individual under like circumstances. The statute imposes a $100,000 limit per person and a $200,000
limit per incident on the collectability of any tort judgment based on the government’s liability. The bill amends s. 768.28(5), F.S., to raise the limited waiver of sovereign immunity
applicable to the state, its agencies, and subdivisions from $100,000 per individual claim and $200,000 per aggregate claims to $200,000 per individual claim and $300,000 per aggregate
claim on the collectability of any tort judgment. The effective date of this bill is October 1, 2011. PUBLIC SAFETY HB 11 -Crimes Against Homeless Persons Governor Crist signed the bill
into law on May 12, 2010. Currently, s. 775.085, F.S., provides that the penalty for any felony or misdemeanor offense must be reclassified if the commission of the offense evidences
prejudice based on the race, color, ancestry, ethnicity, religion, sexual orientation, national origin, mental or physical disability, or advanced age of the victim. This is commonly
known as the “hate crime” statute. HB 11 provides that the penalty for any felony or misdemeanor offense must be reclassified if the commission of the offense evidences prejudice based
on the homeless status of the victim. HB 33 -Selling, Giving, or Serving Alcoholic Beverages to Persons Under 21 Years of Age Governor Crist signed the bill into law on May 12, 2010.
Section 562.11(1)(a)1., F.S., provides a second degree misdemeanor penalty for a person who sells, gives, serves, or permits to be served alcoholic beverages to a person under 21 years
of age or permits a person under 21 years of age to consume such beverages on the premises of an alcoholic beverage licensee. CS/HB 33 amends s. 562.11(1)(a)1., F.S., to make a second
or subsequent violation of the statute a first degree misdemeanor if committed within one year of a prior conviction. The bill creates a complete defense for any person charged with
a violation of s. 562.11(1)(a), F.S., if: The buyer or recipient of the alcoholic beverage falsely evidenced that he or she was 21 years of age or older; The appearance of the buyer
or recipient was such that a prudent person would believe him or her to be 21 years of age or older; and The person carefully checked the buyer or recipient’s identification card, acted
in good faith and relied upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older. Page 35 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 31 HB 119 -Sexual Offenders and Predators Governor Crist signed the bill into law on May 26, 2010. HB 119 creates restrictions
for a person convicted of an offense listed in the sexual offender statute where the victim was under the age of 18 as follows: The bill makes it a first degree misdemeanor if a person
convicted of such an offense commits loitering or prowling within 300 feet of a place where children were congregating; The bill makes it a first degree misdemeanor for a person convicted
of such an offense to knowingly approach, contact or communicate with a child under 18 years of age in any public park building or on real property comprising any public park or playground
with intent to engage in conduct of a sexual nature or to make a communication containing content of a sexual nature; The bill also makes it a first degree misdemeanor for a person convicted
of such an offense to: Knowingly be present in any child care facility or pre-K-12 school or on real property comprising any child care facility or pre-K-12 school when the child care
facility or school is in operation unless the offender has provided written notification of his or her intent to be present to the school board, superintendent, principal or child care
facility owner; Fail to notify the child care facility owner or the school principal’s office when he or she arrives and departs the child care facility or school; or Fail to remain
under the direct supervision of a school official or designated chaperone when present in the vicinity of children. CS/CS/HB 119 adds a definition of the term “transient residence” to
the sexual predator and sexual offender registration statutes and requires an offender to provide information regarding his or her transient residence during the registration process.
The bill specifies that an offender may not be forced to move if he or she is living in a residence that complies with the statutory sex offender residency restrictions and a child care
facility, park, playground or school is subsequently established within 1,000 feet of the offender’s residence. The bill specifies that a person convicted of s. 827.071, F.S. (sexual
performance by a child), may be considered for removal of the requirement to register as a sexual offender or sexual predator if the person was no more than four years older than the
victim and the victim was at least 14 years of age. The bill prohibits offenders on supervision for specified sexual offenses from visiting schools, child care facilities, parks and
playgrounds without prior approval of the offender’s supervising officer. The bill also prohibits such offenders from distributing candy to children on Halloween, wearing specified costumes,
or entertaining at children’s parties without prior approval of the sentencing authority. SB 150 -Athletic Coaches Governor Crist signed the bill into law on May 26, 2010. Page 36 of
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City of Miami Gardens Legislative Report June 3, 2010 Page 32 SB 150 requires an independent sanctioning authority to annually conduct a background screening of each current and prospective
athletic coach of an independent youth athletic team. Such a screening must be conducted by searching a coach’s name against federal and state registries of sexual predators and sexual
offenders available via the Internet. The bill requires the sanctioning authority to disqualify any athletic coach or prospective coach appearing in either registry. The bill requires
the sanctioning authority to provide, within 7 business days following the background screening, written notice to the person disqualified advising him or her of the results of the background
check and of disqualification. The independent sanctioning authority must maintain documentation of the results of each person screened, and the written notice of disqualification provided
to each person disqualified. In any civil suit brought against an independent sanctioning authority for harm caused by the intentional tort of an athletic coach that relates to alleged
sexual misconduct, the bill creates a rebuttable presumption that the independent sanctioning authority was not negligent in authorizing the athletic coach if the sanctioning authority
complied with the background screening requirements prior to authorizing a person to act as an athletic coach. The Legislature encourages sanctioning authorities to participate in the
Volunteer and Employee Criminal History System program authorized under the National Child Protection Act and s. 943.0542, F.S. SB 768 -Luis Rivera Ortega Street Racing Act Governor
Crist signed the bill into law on June 3, 2010. Section 316.191(2)(a), F.S., provides that a person may not: Drive any motor vehicle, including any motorcycle, in any race, speed competition
or contest, drag race or acceleration contest, test of physical endurance, or exhibition of speed or acceleration or for the purpose of making a speed record on any highway, roadway,
or parking lot; In any manner participate in, coordinate, facilitate, or collect moneys at any location for any such race, competition, contest, test, or exhibition; Knowingly ride as
a passenger in any such race, competition, contest, test, or exhibition; or Purposefully cause the movement of traffic to slow or stop for any such race, competition, contest, test,
or exhibition. A person who violates s. 316.191(2)(a), F.S., commits a first degree misdemeanor. In addition, the person must pay a fine of not less than $500 and not more than $1,000,
and the person’s driver license is revoked for one year. A person who commits a second violation of this section within five years after the date of a prior violation that resulted in
a conviction commits a first degree misdemeanor, must pay a fine of not less than $500 and not more than $1,000, and the person’s driver license is revoked for two years. CS/SB 768,
entitled the “Luis Rivera Ortega Street Racing Act,” increases the amount of the fine a person who commits a second violation of 316.191(2), F.S., Page 37 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 33 within five years of a prior violation must pay to not less than $1,000 and not more than $3,000. The bill provides that
a person who commits a third or subsequent violation within five years of the date of a prior violation must pay a fine of not less than $2,000 and not more than $5,000 and shall have
his or her driver license revoked for four years. RETIREMENT BENEFITS HB 1193 -Retirement Governor Crist signed the bill into law on June 1, 2010. The bill revises the definition of
“special risk member” to include members of the Florida Retirement System (FRS) who suffer from a qualifying injury and are no longer capable of being employed in a Special Risk Class
eligible position. Any member employed in a law enforcement, firefighting, or criminal detention position who suffers a qualifying injury in the line of duty could continue membership
in the FRS Special Risk Class. However, such member must continue to work for the same employer for whom they were working when they sustained the qualifying injury. In addition, the
bill defines the term “qualifying injury” as the physical loss, or loss of use, of two or more limbs. This provision of the bill applies to members reaching maximum medical improvement
after August 1, 2008. This bill also revises firefighter death benefits and expands the activities that qualify firefighters to receive death benefits to include training sessions. An
additional death benefit is authorized when a firefighter is injured by an unlawful and intentional act of another in the performance of his or her duties and dies as the result of such
injury. Both benefit payments are adjusted to the Consumer Price Index. This provision of the bill applies to deaths of firefighters occurring on or after November 1, 2007. CAMPAIGN
FINANCING HB 1207 -Campaign Financing Governor Crist vetoed the bill on April 6, 2010. On May 22, 2009, portions of ch. 106, F.S., regulating “electioneering communications,” were held
unconstitutional by the the United States District Court for the Northern District of Florida in Broward Coalition v. Browning. The bill reenacts and amends provisions related to electioneering
communication and electioneering communications organizations (ECOs) to redefine: “Electioneering communication” to remove reference to issues, remove reference to a specific number
of persons who must be targeted in a geographic area to only refer to targeting to relevant electorate in the geographic area the candidate would represent if elected, specify the allowable
communication formats, regulate Page 38 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 34 advocacy that is the functional equivalent of express advocacy, and provide timeframes for the communications; “Electioneering
communications organization” to clarify that it includes only those organizations with election-related activities that are limited to electioneering communications and that its activities
would not require the group to register as a political party, political committee, or committee of continuous existence; and “Political committee” to remove the requirement that an ECO
conform to specified requirements of a “political committee” when it is specifically exempt from the definition. The bill provides separate registration and reporting requirements for
ECOs. It requires an organization to register as an ECO upon receipt or expenditure of an aggregate amount exceeding $5,000, rather than when it anticipates receipt or expenditure of
money. The bill also increases the amount an individual can expend before being subject to regulation from $100 to $5,000. It removes provisions identified as an impermissible burden
on speech. Additionally, the bill authorizes the leader of each political party conference of the state House of Representatives and Senate to establish a separate, affiliated party
committee to support the election of candidates of the leader's political party. Payment of assessments for candidates for state senator and member of the House of Representatives must
be paid to the respective affiliated party committee of the Senate or House of Representatives. The bill provides that specified requirements and exemptions for political parties and
state executive committees apply to an affiliated party committee. Finally, the bill removes the 28-day time limitation prior to a general election for contributions from political parties
and affiliated party committees to candidates. EDUCATION HB 483 & HB 469 -Tax on Sales, Use, and Other Transactions Governor Crist signed the bill into law on May 26, 2010. The bill
establishes establishes a three-day sales tax holiday occurring August 13-15, 2010. During the sales tax holiday, the following items that cost $50 or less are exempt from the state
sales tax and county discretionary sales surtaxes: Books (defined as a set of printed sheets bound together and published in a volume, but does not include newspapers, magazines, or
other periodicals); Clothing and Footwear (defined as an “article of wearing apparel, including all footwear, except skis, swim fins, roller blades, and skates, intended to be worn on
or about the human body,” but excluding watches, watchbands, jewelry, umbrellas, and handkerchiefs); Wallets; and Bags (including handbags, backpacks, fanny packs, and diaper bags, but
excluding briefcases, suitcases, and other garment bags). During the sales tax holiday, the bill also exempts school supplies that cost $10 or less per item. School supplies exempted
during the sales tax holiday are Page 39 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 35 “pens, pencils, erasers, crayons, notebooks, notebook filler paper, legal pads, composition books, poster paper, scissors,
cellophane tape, glue or paste, rulers, computer disks, protractors, compasses, and calculators, binders, lunch boxes, construction paper, markers, folders, and poster board.” The bill
provides that the sales tax holiday does not apply to sales within a theme park, entertainment complex, public lodging establishment, or airport. Thus, sales in these locations will
be subject to taxation during the sales tax holiday. The bill authorizes the Department of Revenue to adopt emergency rules to administer the sales tax holiday. SJR 2 -Class Size Requirements
for Public Schools The constitutional amendment was filed by the Secretary of State on May 19, 2010. It will appear on the November 2, 2010 ballot. The Joint Resolution provides voters
with the opportunity to amend Section 1, Article IX of the State Constitution, relating to class size. This constitutional section currently specifies that the maximum number of students
who may be assigned to a teacher in public school classrooms, by the beginning of the 2010 school year, is: (a) 18 students in prekindergarten (PreK) through grade three; (b) 22 students
in grades four through eight; and (c) 25 students in grades nine through 12. The Joint Resolution, if approved by the voters, would modify the class size requirements so that compliance,
beginning with the 2010-2011 school year, would be calculated as follows: PreK–Grade 3: The maximum number of students who could be assigned to each teacher in an individual classroom
would be 21, but the average number of students assigned per class to each teacher within each public school could not exceed 18 students; Grades 4–8: The maximum number of students
who could be assigned to each teacher in an individual classroom would be 27, but the average number of students assigned per class to each teacher within each public school could not
exceed 22 students; and Grades 9–12: The maximum number of students who could be assigned to each teacher in an individual classroom would be 30, but the average number of students assigned
per class to each teacher within each public school could not exceed 25 students. Additionally, the Joint Resolution proposes revisions that would: expand the current exemption of extracurricular
classes from class size requirements to also exempt virtual classes; require the Legislature to provide sufficient funding to maintain the average number of students that would be required
under the modified class size requirements; and delete obsolete language that currently requires the Legislature, beginning 2003-2004, to provide sufficient funds to reduce the average
number of students in each classroom by at least two students annually. The Joint Resolution would take effect upon approval by the voters and would operate retroactively to the beginning
of the 2010-2011 school year. Page 40 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 36 SB 2126 -Florida Tax Credit Scholarship Program Governor Crist signed the bill into law on April 22,2010. The Florida Tax
Credit Scholarship Program provides private school scholarships to students from families that meet specified income limitations. The program is funded with contributions from corporations
and insurance companies. The contributors receive a tax credit to be used against their corporate income tax or premium tax liability equal to 100 percent of their contribution. The
bill makes the following changes to the program: Tax credit cap: The bill increases the cap on the amount of credits that may be approved in a FY from $118 million to $140 million for
FY 2010-11. For FY 2011-12 and thereafter, the cap will increase by 25 percent whenever tax credits approved in the prior FY are equal to or greater than 90 percent of the tax credit
cap amount for that year. Tax credits: The bill expands the revenue sources against which tax credits may be granted for contributions to the program to include: (1) severance taxes
on oil and gas production; (2) self-accrued sales tax liabilities of direct pay permit holders; and (3) alcoholic beverage taxes. Scholarship amount: For FY 2010-11, the bill replaces
the maximum scholarship amount of $3,950 with a variable amount stated as a percentage of the Florida Education Finance Program (FEFP) unweighted full-time equivalent (FTE) amount for
that FY. For FY 2010-2011, the percentage will be 60 percent. Beginning in FY 2011-12, the percentage increases by 4 percentage points in each FY when the tax credit cap increases, until
it reaches a maximum of 80 percent. Eligibility for certain students: The bill increases the maximum household income threshold for renewing scholarship recipients and their siblings
from 200 percent of the federal poverty level to 230 percent, but reduces the maximum scholarship award available to the newly eligible scholarship recipients. Private school accountability:
The bill adds new accountability measures that: Require each private school receiving more than $250,000 in scholarship payments in one year to submit a financial report, referred to
as an agreed-upon procedures report. The report must be completed by an independent certified public accountant and must address the adequacy of the school’s accounting system and financial
controls; Require student learning gains to be published for each private school that has at least 30 scholarship students with norm-referenced test scores for two consecutive years;
and Authorize the Commissioner of Education to deny, suspend, or revoke a private school’s participation in the program if an owner or operator has operated an educational institution
in a manner contrary to the public’s health, safety, or welfare. SB 6 -Education Personnel Governor Crist vetoed the bill on April 15, 2010. Page 41 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 37 The bill reforms current law regarding performance appraisal systems and salary schedules for instructional personnel and
school-based administrators, contracts for newly hired classroom teachers, educator certification, and teacher preparation programs. The bill places increased emphasis on student learning
when evaluating instructional personnel and school-based administrator performance and requires that performance appraisals be considered in educator recertification, determining salary
increases for instructional personnel and school-based administrators, and renewing contracts with classroom teachers hired on or after July 1, 2010. SENIOR SERVICES SB 814 -Lifeline
Telecommunications Service Governor Crist signed the bill into law on June 3, 2010. Lifeline Assistance is a program under the federal Universal Service Fund that, among other things,
provides credits against the cost of basic local telecommunications service to qualifying low-income customers to encourage those customers to subscribe to telephone service. Carriers
that are designated as eligible telecommunications carriers (ETCs) are eligible to participate in and receive benefits from the federal Universal Service Fund. All ETCs in Florida that
are local exchange telecommunications companies with more than 1 million access lines must provide Lifeline services to qualifying customers or potential customers if the customer’s
income is 150 percent or less of the federal poverty income guidelines (the “income eligibility test”). The bill authorizes commercial mobile radio service providers (e.g., wireless
service providers) designated as ETCs to utilize the income eligibility test to qualify customers for the Lifeline program. The bill also authorizes the Department of Children and Family
Services (DCF), the Department of Education (DOE), the Public Service Commission (PSC), and the Office of Public Counsel (OPC) to exchange sufficient information with appropriate ETCs,
such as a person’s name, date of birth, service address, and telephone number, so that the carriers can identify and enroll an eligible person in the Lifeline and Link-Up programs. The
bill provides that this information will remain confidential and may only be used for purposes of determining eligibility and enrollment in Lifeline. The bill extends until December
31, 2010, the deadline for development of procedures by DCF, DOE, PSC, and telecommunications companies to promote Lifeline participation. The bill amends the requirement for development
of such procedures to specify that the telecommunications companies participating in development of these procedures are those that are “designated
eligible telecommunications carriers” providing Lifeline services. The bill also provides that by December 31, 2010, the PSC, DCF, OPC, and each eligible telecommunications carrier offering
Lifeline and Link-Up services Page 42 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 38 must convene a “Lifeline Workgroup” to discuss how eligible subscriber information will be shared, the obligations of each
party with respect to that information, and the procedures to be implemented to verify eligibility in these programs. HB 91 -Adult Protective Services Governor Crist signed the bill
into law on May 7, 2010. HB 91 changes several definitions used in ch. 415, F.S., relating to adult protective services. The bill replaces the terms “disabled adult” and “elderly persons”
with the term “vulnerable adult,” and adds “sensory” to the term “vulnerable adult.” The bill creates a definition for “activities of daily living” that conforms the phrase with its
use in Part II of ch. 429, F.S., relating to adult family-care homes. The bill provides that the central abuse hotline must transfer to the appropriate county sheriff’s office reports
of known or suspected abuse of a vulnerable adult involving a person other than a relative, caregiver, or household member. This change aligns the abuse of vulnerable adult reporting
requirements with the abuse of children reporting requirements. The bill authorizes the Department of Children & Families (Department), upon a good faith belief that a vulnerable adult
lacks the capacity, to file a petition to determine capacity in emergency and nonemergency adult protective proceedings, pursuant to s. 744.3201, F.S. A copy of a petition for appointment
of a guardian or emergency temporary guardian can be filed along with a petition to determine capacity. The bill prohibits the Department from serving as guardian or providing legal
counsel to the guardian once such petition has been filed. The bill provides the Department with access to records of the Department of Highway Safety & Motor Vehicles for use in conducting
protective investigations. The bill has no impact on state or local government. HB 945 -Automated External Defibrillators in Assisted Living Facilities Governor Crist signed the bill
into law on June 3, 2010. An assisted living facility (ALF) is a residential establishment for adults that provides housing, meals, and one or more personal services relating to the
activities of daily living. Activities of daily living include: ambulation, bathing, dressing, eating, grooming, toileting, and other similar tasks. Automated external defibrillators
(AEDs) are computerized devices that are used by healthcare providers and by lay rescuers to revive victims who are thought to be in cardiac arrest. The bill amends s. 429.255, F.S.,
effective July 1, 2011, to provide that an ALF with 17 or more beds must have on the premises at all times a functioning AED. The bill encourages the location of the AED to be registered
with the medical director of the local emergency medical service. The bill directs that facility staff may withdraw or withhold the use of an AED if presented with an order not to resuscitate
in the same manner as they can now Page 43 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 39 withdraw or withhold cardiopulmonary resuscitation. The civil immunity provisions of the Cardiac Arrest Survival Act and
the Good Samaritan Act will apply to both the ALF and the facility staff. The bill provides that the Department of Elder Affairs may adopt rules relating to the use of an automated external
defibrillator in an ALF. The bill provides an appropriation of $11,200 in nonrecurring revenue and $22,447 in recurring revenue in FY 2010-2011 and $113,030 in recurring revenue in FY
2011-2012 from the General Revenue Fund to the Agency for Health Care Administration for two Health Facility Evaluators (two FTEs) to implement the provisions of the bill. HEALTH CARE
HJR 37 -Health Care Services The constitutional amendment was filed by the Secretary of State on May 20, 2010. It will appear on the November 2, 2010 ballot. HJR 37 proposes to amend
Section 28 of Article I of the Florida Constitution. The joint resolution prohibits any person, employer, or health care provider from being compelled to participate in any health care
system. The joint resolution authorizes any person or employer to pay directly for health care services and provides that persons or employers shall not incur a penalty or fine for direct
payment. The joint resolution authorizes a health care provider to accept direct payment and prohibits penalties and fines for providers accepting direct payment. The joint resolution
permits reasonable regulation but bans any law or rule which prohibits private health insurance sales or purchases. Nothing in the joint resolution will affect: Which health care services
a provider is required to perform; Which health care services are permitted by law; Worker’s compensation care as provided by general law; Laws or rules in effect as of March 1, 2010;
Negotiated provisions in any insurance contract, network agreement, or other provider agreement contractually limiting co-payments, coinsurance, deductibles, or other patient charges;
and Any general law passed by a two-thirds vote of the membership of each house, provided that the law states with specificity the public necessity justifying the exemption. The joint
resolution provides definitions and usage of its terms and includes a ballot summary. The joint resolution was approved by three-fifths vote of the membership of each house; thus it
will be presented to the electors of Florida at the November 2, 2010 general election. Approval requires a favorable vote from 60 percent or more of the electors voting on the measure.
Page 44 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 40 The joint resolution has a negative, non-recurring fiscal impact on state government of $90,800. The Department of State
must expend funds to meet constitutional publishing requirements for the proposed constitutional amendment. If approved by the voters, the joint resolution would take effect January
4, 2011. SB 742 -Public Safety Telecommunicators/E911 Governor Crist signed the bill into law on June 3, 2010. SB 742 creates a mandatory certification program, effective October 1,
2012, for 911 public safety telecommunicators, whose job duties include answering, receiving, and transferring 911 calls, or dispatching emergency services throughout the state. The
bill provides for education and training standards, continuing education, discipline, fees and rulemaking authority. After October 1, 2012, individuals seeking certification must complete
a 232-hour training program approved by the Department of Education, and pass an examination administered administered by the Department of Health. The bill creates several exceptions
to these requirements: Persons employed as 911 public safety telecommunicators, sworn state-certified law enforcement officers or state-certified firefighters before April 1, 2012, who
pass the examination, are not required to complete the training program. Trainees who work under the direct supervision of a certified dispatcher and are enrolled in a public safety
telecommunication may be employed by a public safety agency, without certification, for no more than 12 months. Individuals with three years of full-time employment as 911 public safety
telecommunicators since 2002 may qualify for certification without completing an approved training program and passing an examination; however, this exemption expires October 1, 2012.
The bill requires all certified 911 public safety telecommunicators to complete 20 hours of additional training for biannual certification renewal. The Department of Health may waive
the 911 public safety telecommunicator certification requirements when the Governor declares a state of emergency pursuant to s. 252.36, F.S. The bill may require counties or municipalities
to spend funds or to take an action requiring the expenditure of funds. The bill is not a prohibited local mandate because it applies to all persons similarly situated (including the
state) and includes a statement of public interest pursuant to s. 18 of art. VII of the Florida Constitution. The bill will have an indeterminate negative fiscal impact on local governments.
The bill authorizes the Department of Health to charge fees for certification, certification renewal, examination, and training program approval, which must be deposited into the Emergency
Medical Services Trust Fund. The bill authorizes the use of funds in the Emergency Communications Number E911 System Fund to cover dispatching functions and the certification and renewal
fees for 911 public safety telecommunicators. According to the Department of Management Page 45 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 41 Services, the bill will have a negative fiscal impact on that Fund. The fiscal impact to other state agencies is indeterminate.
REAPPORTIONMENT SB 2284 -Legislature Governor Crist signed the bill into law on May 17, 2010. This bill provides that the 2012 Regular Session of the Legislature will convene on January
10, 2012. The next regular apportionment would occur in 2012. Traditionally, the Legislature fixes an early start date for the regular session in apportionment years—years in which the
Legislature redistricts Florida’s state legislative and congressional district boundary lines. For example, ch. 2001-128, Laws of Florida, provided that the 2002 Regular Session convene
on January 22, 2002. ch. 91-90, Laws of Florida, provided that the 1992 Regular Session convene on January 14, 1992. The Legislature advances the commencement of session in apportionment
years in order that the redistricting plans can be timely submitted to and reviewed by the Florida Supreme Court and the United States Department of Justice, in adequate time prior to
qualifying for state and federal offices in June 2012. The bill will help reduce the possibility of voter confusion in the 2012 election cycle. The bill does not have a fiscal impact.
HJR 7231 -Standards for Establishing Legislative and Congressional District Boundaries The constitutional amendment was filed by the Secretary of State on May 18, 2010. It will appear
on the November 2, 2010 ballot The Florida Constitution requires the Legislature, by joint resolution at its regular session in the second year after the United States Census, to apportion
state legislative districts (redistricting). The United States Constitution requires the reapportionment of the United States House of Representatives every ten years, which includes
the distribution of the House‘s 435 seats between the states and the equalization of population between districts within each state. Two citizen initiatives, related to redistricting,
have already secured placement on the 2010 General Election ballot. Amendments 5 and 6, promoted by FairDistrictsFlorida.org, would add standards for state legislative and congressional
redistricting to the Florida Constitution. Those standards include a prohibition against intending to favor or disfavor incumbents or political parties, protections for minority voters,
compactness, adherence to political and geographical boundary lines, and others. However, Amendments 5 and 6 do not provide definition or instructions for most of the proposed new standards,
which may have the effect of restricting the Page 46 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 42 range of redistricting choices available under the federal Voting Rights Act (VRA). Furthermore, the amalgamation of standards
in Amendments 5 and 6 is such that they are conflicting and appear to be mutually exclusive. The proposed joint resolution would create a new Section 20 to Article III of the Florida
Constitution. The new section would add new state constitutional standards for establishing legislative and congressional district boundaries. The proposed standards in the joint resolution
would complement the proposed standards in Amendments 5 and 6 and provide for a balancing of the various constitutional redistricting standards. Background on federal Voting Rights Act
The VRA protects minority communities in which a single minority group is a majority of the community (minority-minority districts). Additionally, Section 5 of the VRA also gives special
protection to minorities in five Florida counties, based on very specific evidence of past voting requirements that disfavored minorities (poll taxes, literacy tests, etc.). In those
cases, the courts would interpret the VRA to mandate that secondary criteria like compactness and political and geographical boundaries cannot supersede the protections provided in federal
law for minority-majority districts and Section 5 counties. However, federal law also allows states to create districts that give minorities the opportunity to elect a candidate of their
choice, even though the minority community is less than a majority of the district (minority access districts), but only if no other state standard exists that would impede the creation
of that district. Therefore, the courts have interpreted the VRA to mean that where other state standards exist, those state standards can be read as a priority over minority access
districts. In regards to Amendments 5 and 6, standards like compactness and political and geographical boundaries could prohibit what is a purely discretionary authority, the creation
of a minority access district. For Florida, minority access districts have been a fundamental building block over the last 18 years to increase opportunities for minorities to be elected.
For example, two of Florida’s three African-American congressional districts are minority access districts, and none of the three districts existed for the 125 years prior to the current
redistricting practices. Additionally, five of the seven African-American state senate districts are minority access districts. In all, the establishment of minority access districts
has doubled African-American and Hispanic representation in the Florida Legislature and in Florida’s Congressional delegation since 1992. For the courts, an essential ingredient to establishing
a legally valid minority access district is “communities of interest.” The courts have accepted the creation of minority access districts when states marry that goal with the creation
of districts that preserve other identifiable communities of interest. These communities of interest allow the Legislature to expand allowances for race beyond the minimum obligations
of the VRA. In other words, communities of interest allow the Legislature to justify a minority district for non-racial reasons, so that the state can avoid a claim that it engaged in
racebased redistricting, which would violate federal law. Page 47 of 162
City of Miami Gardens Legislative Report June 3, 2010 Page 43 Amendments 5 and 6 do not address “communities of interest.” Therefore, minority access districts cannot be protected by
the language contained in Amendments 5 and 6, because by their very nature nothing can conflict with something that is purely a matter of discretion. Furthermore, creating such districts
without observing other standards in the state constitution, therefore for purely race-based reasons, would violate federal law. Impacts of Legislation First, HJR 7231 would require
that the state apply federal requirements in its balancing and implementing of the redistricting standards in the Florida Constitution. Second, both the equal opportunity of racial and
language minorities to participate in the political process and communities of interest are established as standards that may not be subordinated by any other standard in the Florida
Constitution. Finally, the joint resolution asserts that districts and plans are valid if the standards in the Florida Constitution were balanced and implemented rationally and consistent
with federal law. As a result, the joint resolution ensures that communities of interest may be utilized to maximize the Legislature’s discretion to preserve and enhance minority voting
rights to the greatest extent permissible under the U.S. Constitution. The joint resolution also makes Amendments 5 and 6 workable by explaining that the Legislature must balance and
implement the standards as a whole. Lastly, the joint resolution clarifies the standard of review that the court must use to assess the validity of the Legislature’s plans. Upon approval
of 60 percent of the voters at the 2010 general election, this amendment to the constitution will take effect January 4, 2011. We thank you again for the opportunity to represent the
City of Miami Gardens in Tallahassee. Please feel free to contact me if you have any questions regarding any state legislative issues. Very truly yours, Yolanda Cash Jackson CC: Dr.
Danny Crew, City City Manager Renee Farmer, Deputy City Manager Page 48 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X
Public Hearing: Yes No Yes No X Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Mayor Shirley Gibson Department:
Mayor and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 16 OF ORDINANCE 2005-10-48, TO INCREASE THE LOCAL PREFERENCE
FROM FIVE PERCENT (5%) TO TEN PERCENT (10%); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens has a Local Preference Program whereby local businesses are allowed a five percent (5%) ranking preference
when submitting responses to City solicitations. Mayor Gibson is recommending that the Purchasing Ordinance (No. 2005-10-48) be amended to increase the local business preference from
five percent (5%) to ten percent (10%) to increase the benefit to local businesses. Proposed Action: Mayor Shirley Gibson recommends that the City Council approve the proposed amendment
to Ordiance 2005-26-64 to increase the local preference to 10%. Attachment: None. ITEM H-1) ORDINANCE FIRST READING Amending Ordinance 2005-10-48 Page 49 of 162
__________________ Language deleted is stricken through and language added is underlined 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ORDINANCE NO. 2010____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 16 OF ORDINANCE 2005-10-48, TO INCREASE THE LOCAL PREFERENCE FROM FIVE PERCENT (5%) TO TEN PERCENT
(10%); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE
DATE. WHEREAS, on June 22, 2005, the City of Miami Gardens adopted Ordinance No. 2005-26-64 to amend the Purchasing Procedures Ordinance to include a Local Preference Program, and WHEREAS,
local businesses are currently allowed a five percent (5%) ranking preference when submitting responses to City solicitations, and WHEREAS, in order to provide an incentive for local
businesses to participate in the competitive bidding process, and WHEREAS, Mayor Gibson recommends that the Purchasing Ordinance (No. 2005-10-48) be amended to increase the local business
preference from five percent (5%) to ten percent (10%), Page 50 of 162
__________________ Language deleted is stricken through and language added is underlined 2 1 2 3 4 5 6 7 8 9 10 11 12 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 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Ordinance. Section 2. AMENDMENT: Section 16 of Ordinance No. 2005-10-48, as amended, is hereby amended as follows: Section 16: Local Preference in Bidding.
Except where federal or state law or funding source restriction mandates to the contrary, in the purchase of goods, general services, or professional services governed by the Procurement
Code, preference shall be awarded to licensed entities with physical addresses in the City of Miami Gardens (“local businesses”) in 13 the following manner: 14 15 (A) Competitive Bid:
When a responsive, responsible non-local business 16 submits the lowest price bid, and the bid submitted by one or more responsive, 17 responsible, local businesses is within 5% 10%
of the bid submitted by the non18 local business(s), then local businesses shall have the opportunity to submit, within 19 five (5) working days of the bid opening, a best and final
bid equal to or lower than 20 the amount of the low bid previously submitted by the non-local business. Contract 21 award shall be made to the responsive, responsible business submitting
the lowest 22 best and final bid. In the case of a tie in the best and final bid between a local 23 business and a non-local business, contract award shall be made to local business.
24 25 (B) For contract awards based upon evaluation criteria pursuant to a points 26 system, there shall be a local participation criterion of 5% 10% of the total points 27 awarded.
The points shall be awarded as follows: 28 29 30 Local Business Participation Points 31 100% 5 10 32 50% to 99% 3 8 Page 51 of 162
__________________ Language deleted is stricken through and language added is underlined 3 1 20% to 49% 2 5 2 5% to 19% 1 3 3 4 5 6 7 >5% 0 1. Maximum points will be awarded to the proposer
if 100% or more of the total project work is performed by a local business. Percentages reflect the amount of total contract value proposed to be assigned to local businesses. In the
case of contracts awarded pursuant to the Consultants Competitive 8 Negotiation Act, the percentages reflect the amount of total project work, 9 10 11 12 13 14 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 which shall be equated to the project dollars, assigned to local businesses. 2. The percentage of local business participation will
be calculated by dividing the proposer’s expenditures to a local business subcontractor for providing direct labor or a bonified service, by the total project dollars as identified in
the proposal. 3. A proposer may count toward its local business participation, the fees or commissions charged for providing direct labor or a bona fide service, such as professional,
technical consultant or managerial services. 4. The city will not count toward a proposer local business participation any portion or portions of the local business subcontractor’s work
that is subcontracted back to: a. The proposer, either directly, or through any other company or firm owned or controlled by the proposer. b. Any non-local business. 5. A local business
shall not be permitted to subcontract all or a majority of the subcontractual portion of the work to another non-local business. A local business subcontractor shall be prohibited for
engaging in a subcontractual agreement with the intent of collecting a broker’s fee or commission. A local business subcontractor shall also be prohibited from entering into a subcontractual
agreement with a firm whose employees perform none of the direct labor or service activities specified in the contract. 6. Participation by a local business shall not be considered and
the local business shall be disqualified if the owner of the local business enters into an agreement with a non-local business with the intent of securing Page 52 of 162
__________________ Language deleted is stricken through and language added is underlined 4 1 2 3 16 21 25 32 33 34 35 36 37 employment with that non-local business during the course
of performing a city contract. 4 (C) If a non-local proposer submits a bid or proposal that includes 5 subcontractors that qualify as local businesses, in order to receive local preference
6 consideration, the proposer shall identify all local businesses that will be utilized as 7 subcontractors, and delineate for each the specific elements of work each local 8 business
will be responsible for performing and the dollar value of the work as a 9 percentage of the total contract value. All proposals with local business 10 participation shall contain documentation,
signed by both the proposer and the local 11 business contractors, which confirms their intent to establish a business relationship 12 and confirms the local business percent. 13 (D)
The location of qualified entities shall be considered in determining the 14 qualifications for professional services governed by the Consultants Competitive 15 Negotiation Act. 17 (E)
If a tie occurs between two (2) or more local businesses, for those contracts 18 that are to be awarded by the City Manager, the City Manager shall determine to 19 whom the bid will
be awarded. For those contracts to be awarded by the City 20 Council, the City Council shall determine to whom the bid will be awarded. 22 (F) Waiver: The application of local preference
to a particular purchase, 23 contract, or category of contracts may be waived upon written recommendation of 24 the City Manager and approval of the City Council. 26 (G) Other preferences:
The preference established herein in no way prohibits 27 the right of the City Council to compare quality of materials proposed for purchase 28 and compare qualifications, character,
responsibility and fitness of all persons, 29 firms, or corporations submitting bids or proposals. Further, the preference 30 established herein in no way prohibits the right of City
Council from giving any other 31 preference permitted by law instead of the preference authorized herein. 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 Page 53 of 162
__________________ Language deleted is stricken through and language added is underlined 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Section 6. EFFECTIVE DATE: This Ordinance
shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE _____ DAY OF _________, 2010. PASSED ON SECOND READING ON THE ______ DAY OF _________, 2010.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _______ DAY OF ____________, 2010. ________________________________ SHIRLEY GIBSON,
MAYOR Page 54 of 162
__________________ Language deleted is stricken through and language added is underlined 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ATTEST: _________________________________
RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: MAYOR SHIRLEY GIBSON Moved by: __________________ Second by: _________________ VOTE:
_________ 22 Mayor Shirley Gibson ____ (Yes) ____(No) 23 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 24 Councilman Melvin L. Bratton ____(Yes) ____(No) 25 Councilman Oliver Gilbert
III ____ (Yes) ____(No) 26 Councilman Andre’ Williams ____(Yes) ____(No) 27 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 28 Councilwoman Barbara Watson ____ (Yes) ____(No) Page
55 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box)
Yes No Yes No X X Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Dr. Danny Cre City Manager w,
Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED
TO BE DANGEROUS; PROVIDING FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH CHAPTER 2010-80, LAWS OF FLORIDA (2010) (“THE MARK WANDALL
TRAFFIC SAFETY ACT”); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On May 13, 2010, Governor Charlie Crist signed the Mark Wandall Traffic Safety Act resulting
in Chapter 2010-80, Laws of Florida (2010). The new law becomes effective on July 1, 2010. Therefore, it is necessary to amend Ordinance No. 2007-26-132, commonly known as the “Dangerous
Intersections Ordinance” to make the provisions consistent with general law. The following is a summary of the major changes in the new law: • The civil penalty will increase from $125.00
to $158.00. However, the amount of money paid to the City will decrease because for violations committed within the City’s ITEM H-2) ORDINANCE FIRST READING Amedning Ordinance 2007-26-132
Page 56 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 boundaries, the fee will be apportioned between the City, the State’s General Revenue Fund and the State’s Brain
and Spinal Injury Cord Trust Fund. • All due process procedures associated with a red light camera infractions will be handled by the Miami-Dade County Clerk of Courts. • The general
oversight of the red light camera program has been preempted to the State of Florida. • Red light cameras are permitted on state roadways and rights-of way through a permitting process
governed by Florida Department of Transportation (FDOT). • The new legislation also permits the use of traffic infraction enforcement officers, instead of police officers, to review
video images to determine whether a red light camera infraction has occurred. As a result of the new legislation, in the upcoming weeks, staff will bring before Council a contract amendment
with the City’s current Red Light Camera System vendor, American Traffic Solutions (ATS). This contract amendment will revise the current compensation structure to put the City’s third
parry vendor contract with ATS in line with new statutory requirements. Proposed Action: That the City Council approve an amendment to Ordinance No. 2007-26-132 , as amended, commonly
referred to as the “Dangerous Intersections Ordinance”. Attachment: 1-Chapter 2010-80, Laws of Florida Page 57 of 162
__________________ Language deleted is stricken through and language added is underlined 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ORDINANCE
NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2007-26-132, REGULATING INTERSECTIONS DETERMINED TO BE DANGEROUS; PROVIDING
FOR RECORDED IMAGE MONITORING AND ENFORCEMENT OF RED LIGHT TRAFFIC CONTROL SIGNALS CONSISTENT WITH CHAPTER 2010-80, LAWS OF FLORIDA (2010) (“THE MARK WANDALL TRAFFIC SAFETY ACT”); PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SAVINGS, RATIFICATION AND RESERVATION
OF RIGHTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted CS/CS/HB325 during the 2010 Legislative Session, authorizing the use of traffic infraction detectors
to enforce certain provisions of Chapter 316 of the Florida Statutes, and WHEREAS, the Governor of the State of Florida signed CS/CS/HB325 into law on May 13, 2010, resulting in the
creation of Chapter 2010-80, Laws of Florida (2010) (the “Mark Wandall Traffic Safety Act” or the “Act”) taking effect on July 1, 2010, and WHEREAS, the running of red lights continues
to be a safety hazard affecting every citizen and traveler in the City of Miami Gardens, and WHEREAS, as of July 1, 2010, the Mark Wandall Traffic Safety Act, and WHEREAS, the City Council
desires to amend Ordinance No. 2007-26-132 to conform with and implement the Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Page 58 of 162
__________________ Language deleted is stricken through and language added is underlined 2 1 2 3 4 5 6 7 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 Ordinance. Section 2. AMENDMENT: Ordinance No. 2007-26-132 is hereby amended as follows:
A. Intent. 8 The purpose of this Ordinance is to authorize the use of an unmanned cameras/monitoring system traffic infraction detectors to promote compliance with red light signal directives
as proscribed by this 9 Ordinance, and to adopt a civil enforcement system for red light signal violations 10 11 , in accordance with 12 Chapter 2010-80, Laws of Florida (2010) (the
“Mark Wandall Traffic Safety Act” or the “Act”). This Ordinance will also supplement law enforcement personnel in the enforcement of red light signal violations and shall not prohibit
law enforcement officers from issuing a citation for a red light signal violation in accordance accordance with other routine statutory traffic enforcement techniques. 13 14 15 16 The
City 17 intends that the Mark Wandall Traffic Safety Act govern the City’s Dangerous 18 Intersection Program. 19 20 B. Use of Image Capture Technologies. 21 The City shall utilize image
capture technologiestraffic infraction 22 detectors as a supplemental pursuant to the Mark Wandall Traffic Safety Act as a 23 24 25 26 means of monitoring compliance with laws related
to traffic control signals, while assisting law enforcement personnel in the enforcement of such laws, which are designed to protect and improve public health, safety and welfare. This
Ordinance shall not supersede, infringe, curtail or impinge upon state or county 27 laws related to red light signal violations or conflict with such laws. This 28 Ordinance shall serve
to enable the City to provide enhanced enforcement and respect for authorized traffic signal devices pursuant to Florida Statutes. The City shall utilize image capture technologies 29
traffic infraction detectors as an ancillary deterrent to traffic control signal violations and to thereby reduce accidents and injuries associated with such violations. Notices of infractions
30 31 32 33 issued pursuant to this article shall be addressed using the City’s own Special 34 Magistrates pursuant to Article V of Chapter 2 of the City Code and not through 35 uniform
traffic citations or county courts. 36 37 C. Definitions. Page 59 of 162
__________________ Language deleted is stricken through and language added is underlined 3 1 2 3 4 5 6 7 8 9 10 11 12 13 The following definitions shall apply to this Ordinance: 1. Intersection
shall mean the area embraced within the prolongation or connection of the lateral curb line; or, if none, then the lateral boundary lines, of the roadways of two roads which join or
intersect one another at, or approximately at, right angles; or the area within which vehicles traveling upon different roads joining at any other angle may come in conflict. 2. Motor
vehicle shall mean any self-propelled vehicle not operated upon rails or guideways, but not including any bicycle, motorized scooter, electric personal assisted mobility device, or moped.
3. Notice of Infraction Violation or Traffic Citation shall mean a citation issued for a red zone infraction. 14 15 16 17 18 4. Owner/vehicle Owner shall mean the person or entity identified
by the Florida Department of Motor Vehicles, or other state vehicle 19 registration registration office, as the registered owner of a vehicle. Such term 20 shall also mean a lessee of
a motor vehicle pursuant to a lease of 21 six months or more. 22 23 5. Recorded Images shall mean images recorded by a traffic control 24 signal monitoring system/device on: infraction
detector which is 25 operated in accordance with this Ordinance. 26 27 a. Two or more photographs, or 28 Two or more electronic images; or 29 Two or more digital images; or 30 Digital
or Video movies; or 31 Any other medium that can display a violation; and 32 33 b. Showing the rear of a motor vehicle and on at least one 34 image, clearly identifying the license plate
number of the 35 vehicle. 36 37 6. Red Zone infraction shall mean a traffic offense whereby a traffic 38 control signal monitoring system established that a vehicle entered 39 an intersection
controlled by a duly erected traffic control device at 40 a time when the traffic control signal for such vehicle’s direction of 41 travel was emitting a steady red signal infraction
detector indicates 42 a violation of this Ordinance. 43 44 7. Special Master shall mean the City’s Code Enforcement Special Page 60 of 162
__________________ Language deleted is stricken through and language added is underlined 4 1 Master 2 3 4 5 6 7 Traffic Control Signal shall mean a device exhibiting different colored
lights or colored lighted arrows, successively one at a time or in combination, using only the colors green, yellow, and red which indicate and apply to drivers of motor vehicles as
provided in Florida Statutes §316.075. 8 8. Traffic Control Signal Monitoring System/Device shall mean an 9 electronic system consisting of one or more vehicle sensors, 10 working in
conjunction with a traffic control signal, still camera and 11 video recording device, to capture and produce recorded images of 12 motor vehicles entering an intersection against a
steady red light 13 signal indication. 14 15 Traffic Infraction Detector. A vehicle sensor(s) installed to work 16 in conjunction with a traffic control signal and a camera or 17 cameras
synchronized to automatically record two or more 18 sequenced photographic or electronic images or streaming 19 video of only the rear of a motor vehicle at the time the vehicle 20 fails
to stop behind the stop bar or clearly marked stop line 21 when facing a traffic control signal steady red light. 22 23 9. Traffic Infraction Review Officer. The City of Miami Gardens
24 employee designated, in accordance with the Mark Wandall 25 Traffic Safety Act, to review recorded images and issue red 26 zone infractions based upon those images. 27 28 29 D. Adherence
to Red Light Traffic Control Signals. Pursuant to the Mark Wandall Traffic Safety Act, Mmotor vehicle traffic facing a traffic control signal’s steady red light indication shall stop
before entering the crosswalk on the near side of an intersection or if none, then before entering the intersection, and shall remain standing until a green indication is shown on the
traffic control signal. However, the driver of a vehicle that is 30 31 32 33 34 approaching stopped at a clearly marked stop line, but if none, is approaching before entering 35 36 the
crosswalk on the near side of the intersection or, if none, then is approaching at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the
intersecting roadway before entering the intersection in obedience of a steady red traffic control signal, may make a right turn 37 38 39 in a careful and prudent manner (unless such
turn is otherwise prohibited by posted sign or other traffic control device) but shall yield right-of-way to pedestrians and other traffic proceeding as directed by the traffic control
signal at the intersection. 40 41 42 43 44 Page 61 of 162
__________________ Language deleted is stricken through and language added is underlined 5 1 2 3 E. Violation. A violation of this Ordinance, known as a Red Zone Infraction, shall occur
when a vehicle does not comply with the requirements of Section G D. Violations shall be enforced pursuant to paragraph (7) herein 4 5 the Mark Wandall Traffic 6 Safety Act. 7 8 F. Six-month
notice: introductory period. 9 10 For the first two months of this Ordinance, unless the driver of a 11 vehicle received a citation from a police officer at the time of a Red 12 Zone
Infraction in accordance with normal traffic enforcement 13 techniques, the vehicle owner shall receive a courtesy notice of the 14 violation. Commencing two months after the effective
date of the 15 Ordinance, the vehicle owner is subject to the enforcement provision 16 as provided herein. 17 18 19 Implementation of the Mark Wandall Traffic Safety Act. 20 The City
Manager is authorized to implement the provisions and 21 requirements of Chapter 2010-80, Laws Laws of Florida (2010), as may be 22 amended from time to time, and may take any action
which is necessary for 23 such purpose. 24 25 26 27 28 G. Review of Recorded Images. 1. The owner of the vehicle which is observed by Recorded Images committing a Red Zone Infraction,
shall be issued a 29 Notice of violation in accordance with the Mark Wandall Traffic 30 Safety Act.The Recorded Image shall be sufficient grounds to 31 issue a City Notice of Infraction.
32 2. The City may utilize Law Enforcement Officers and/or The City may designate a Traffic Control Infraction Review 33 34 Infraction Enforcement Officer(s), who shall meet the qualifications
set forth in §316.640(5)(A), Florida Statutes, or any other relevant statute 35 36 the 37 Mark Wandall Traffic Safety Act. The Traffic Control Infraction Review Officer(s) shall review
Recorded Images prior to the issuance of a Notice of Violation/Infraction to ensure accuracy and the integrity of the Recorded Images. The Traffic Control Infraction 38 39 Officer(s),
40 41 or the City’s agent, shall also verify that the recorded 42 Traffic Control Monitoring System/Devices that captured the 43 Recorded Images was functioning properly at the time
the 44 Recorded Images were captured the accuracy and integrity of the Page 62 of 162
__________________ Language deleted is stricken through and language added is underlined 6 recorded image. Once the Traffic Control Infraction Review Officer has verified the accuracy
of the Recorded Images and functionality 1 2 of the Traffic Control Monitoring System/Devices, a Notice of Violation/Infraction shall be sent to the Vehicle Owner at the address on record
with the Florida Department of Highway Safety and Motor Vehicles 3 4 5 6 or the address on record with the appropriate 7 agency having such information in another state. 8 9 H. Notice
of Violation/Infractions/Hearings. 10 11 The All Notices of Violation/Infraction and hearings shall be issued and 12 heard in accordance with the Mark Wandall Traffic Safety Act. include:
13 14 1. The name of the vehicle owner, and the current address as listed 15 on the vehicle registration with the Department of Highway Safety 16 and Motor Vehicles; 17 18 2. The license
Plate number and registration number of the vehicle; 19 20 3. The make and year of the vehicle; 21 22 4. Notice that the violation charged is pursuant to this Ordinance; 23 24 5. The
location of the intersection where the violation occurred; 25 26 6. The date and time of the red zone infraction; 27 28 7. Notice that the Recorded Images relating to the vehicle and
a 29 statement that the recorded images are evidence of a red zone 30 infraction; 31 32 8. The civil penalty imposed; 33 34 9. Images depicting violation; 35 36 10. The procedures for
payment of the civil penalty and contesting the 37 notice of infraction; 38 39 11. The name of the Traffic Control Infraction Officer(s) that, based on 40 inspection of recorded images,
the vehicle was involved in a Red 41 Zone Infraction; 42 43 12. Information advising the person alleged to be liable under this 44 Section of the manner and time in which liability as
alleged in the Page 63 of 162
__________________ Language deleted is stricken through and language added is underlined 7 1 Notice of Infraction may be appealed, and warning that failure to 2 pay the civil penalty
or to contest liability in a timely manner is an 3 admission of liability. 4 5 I. Vehicle Owner Responsibilities. 6 7 A vehicle Owner receiving a Notice of Infraction may, within twenty
one 8 (21) days of the date of the Notice of Infraction: 9 10 1. Pay the assessed civil penalty pursuant to instructions on the notice of 11 infraction; or 12 13 2. Request an appeal
pursuant with procedures as outlined in this 14 Ordinance 15 16 Signage. 17 18 When the City installs a traffic infraction detector at an intersection, it 19 shall erect signage at the
intersection sufficient to notify the public that 20 a traffic infraction detector may be in use at the intersection and shall 21 include specific notification of intersection safety
camera enforcement 22 of violations concerning right turns. Such signage shall meet the 23 specifications for uniform signals and devices adopted by the 24 Department of Transportation
pursuant to §316.0745, Florida Statutes. 25 26 J. Appeals to Special Master. 27 28 1. The City’s Code Enforcement Special Masters are authorized to 29 consider appeals under this Chapter
within twenty one (21) days of 30 the date of the Notice of Infraction; the Vehicle Owner may file an 31 appeal with the City pursuant to the directions in the Notice of 32 Infraction.
A hearing on the appeal shall be scheduled for all 33 appeals except those in which the Vehicle Owner submits an 34 affidavit pursuant to Section K of this Ordinance in which the 35
Vehicle Owner affirms under penalty of perjury that the vehicle was 36 not under his or her care, custody or control, or that of someone 37 with Vehicle Owner’s consent. 38 39 2. Upon
receipt of the appeal, the City shall schedule a hearing before 40 the Special Master but in no event shall a hearing be scheduled for 41 a date that is more than six (6) months from
the date that the Notice 42 of Appeal was received. A Notice of Hearing shall be provided to 43 the Vehicle Owner no less than five (5) days prior to the hearing, 44 and shall be provided
by U.S. mail to the current address as listed Page 64 of 162
__________________ Language deleted is stricken through and language added is underlined 8 1 on the vehicle registration with the Department of Highway Safety 2 and Motor Vehicles 3
4 5 3. The following shall be permissible grounds for an appeal: 6 7 a. At the time of the infraction, the vehicle was not under the 8 care, custody, or control of the Vehicle Owner
or an 9 individual with Vehicle Owner’s consent, established 10 pursuant to affidavit as provided in Section K of this 11 Ordinance; 12 13 b. The motor vehicle driver was issued a citation
by a law 14 enforcement officer, which was separate and distinct from 15 the citation issued under this Section, for violating the steady 16 red traffic control signal; 17 18 c. The
motor vehicle driver was required to violate the steady 19 red traffic control signal in order to comply with other 20 governing laws; 21 22 d. The motor vehicle driver was required
to violate the steady 23 red traffic control signal in order to reasonably protect the 24 property or person of another’ 25 26 e. The steady red traffic control signal was inoperable
or 27 malfunctioning. 28 29 f. The Special Master determines that the City violated a 30 provision of the Ordinance. 31 32 4. The hearing shall be conducted in accordance with Ordinance
No. 33 2004-11-27, as amended. 34 35 5. Recorded Images indicating a Red Zone Infraction, verified by the 36 Traffic Control Infraction Review Officer, are admissible in any 37 proceeding
before the City’s Special Master to enforce the 38 provisions of this Chapter and shall constitute prima facie evidence 39 of the violation. 40 41 6. Unless an affidavit is provided
pursuant to Section K of this 42 Ordinance, it is presumed the person registered as the vehicle 43 owner with the Florida Department of Motor Vehicles or any other 44 state vehicle registration
office, or an individual having the owner’s Page 65 of 162
__________________ Language deleted is stricken through and language added is underlined 9 1 consent, was operating the vehicle at the time of a Red Zone 2 Infraction. 3 4 K. Vehicle
Owner Affidavit of Non-responsibility. 5 6 In order to for the Vehicle Owner to establish that the motor vehicle was at 7 the time of the Red Zone Infraction, in the care, custody, or
control of another 8 person without the consent of the registered owner, the Vehicle Owner is 9 required, within twenty-one (21) days from the date listed on the Notice of 10 Infraction,
to furnish to the City, an affidavit setting forth the circumstances 11 demonstrating that the motor vehicle was not in the Vehicle Owner’s care 12 custody or control, or that of a person
with Vehicle Owner’s consent. The affidavit 13 must be executed in the presence of a notary, and include: 14 15 a. If known to the Vehicle Owner, the name, address, and the driver 16
license number of the person who leased, rented or otherwise had 17 care, custody, or control of the motor vehicle at the time of the 18 alleged Red Zone Infraction; or 19 20 b. If the
vehicle was stolen, the police report indicating the vehicle was 21 stolen at the time of the alleged Red Zone Infraction. 22 23 c. The following language must be placed immediately
above the 24 signature line: 25 26 Under penalties of perjury, I declare that I have read the foregoing 27 affidavit and that the facts stated in it are true.” 28 29 d. Upon receipt
of an affidavit pursuant to this section, any 30 prosecution of the Notice of Infraction issued to the vehicle owner 31 shall be terminated. 32 33 L J. Penalties and Costs. 34 35 A violation
of this Ordinance shall be deemed a non-criminal, non-moving 36 violation for which a civil penalty in the amount of $125.00 shall be assessed. As 37 the violation relates to this Ordinance
and not the State Statutes, no points as 38 provided in §322.27, Florida Statutes, shall be recorded on the driving record of 39 the vehicle owner or responsible party. 40 41 All penalties
and costs shall be collected in accordance with the Mark Wandall 42 Traffic Safety Act. 43 44 M. Administrative Charges. Page 66 of 162
__________________ Language deleted is stricken through and language added is underlined 10 1 2 In addition to the assessment, administrative charges may be assessed in 3 the event of
an appeal or the necessity to institute collection procedures. 4 5 N. Collection of Fines. 6 7 The City may collect a penalty in accordance with Florida Statutes and 8 the City's Code
Enforcement Procedures. In addition, the City may enforce such 9 penalty by civil action in the nature of debt. 10 11 O. Exceptions. 12 13 This Ordinance shall not apply to Red Zone
Infractions involving vehicle 14 collisions or to any authorized emergency vehicle responding to a bonafide 15 emergency; nor shall a Notice of Infraction be issued in any case where
the 16 operator of the vehicle was issued a citation for violating the State Statute 17 regarding the failure to stop at a red light. 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 3.
CONFLICT: Sections “A” through “O” of Ordinance No. 2007-26-132, as amended, are hereby repealed. Section 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 section of this Ordinance may
be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or Page 67 of 162
__________________ Language deleted is stricken through and language added is underlined 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
34 35 such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. SAVINGS, RATIFICATION AND RESERVATION OF RIGHTS. A. In accordance
with paragraph (C) below of this Section 6, all fines, penalties, fees and costs imposed pursuant to the provisions of Ordinance No. 2007-26-132, which provisions existed immediately
prior to July 1, 2010, are hereby authorized, approved, ratified and confirmed, and shall continue to be due and owing until paid to the City. B. The Special Master operating pursuant
to Ordinance No. 2004-11-27, as amended, shall continue to have jurisdiction over any violations for which a hearing has been timely requested by the violator pursuant to the provisions
of Ordinance No. 2007-26-132 which existed immediately prior to July 1, 2010. C. Notwithstanding any other provision of this Ordinance above, the provisions of Ordinance No. 2007-26-132,
which existed immediately prior to July 1, 2010, shall remain in full force and effect solely to the extent necessary to effectuate paragraphs (A) and (B) above of this Section 6, but
shall not be applicable to any violation that occurred from and after July 1, 2010. D. The City hereby preserves and reserves each and every right, power, authority, benefit and exemption
bestowed upon City and City’s Dangerous Intersection Safety Program (the “Program”) pursuant to CS/HB 325 as enacted by Chapter 2010-80, Laws of Florida (2010), including but not limited
to any right, power, authority, benefit and/or exemption vested in City or City’s Program as having been established prior to July 1, 2010 or before other deadlines established by the
Mark Wandall Traffic Safety Act. Section 7. EFFECTIVE DATE: This Ordinance shall become effective on July 1, 2010. PASSED ON FIRST READING ON THE _____ DAY OF __________, 2010. PASSED
ON SECOND READING ON THE ____ DAY OF _________, 2010. Page 68 of 162
__________________ Language deleted is stricken through and language added is underlined 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ADOPTED AND
PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST:
_________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DR. DANNY CREW, CITY MANAGER Moved by: __________________
Second by: __________________ VOTE: _________ 30 Mayor Shirley Gibson ____ (Yes) ____(No) 31 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 32 Councilman Melvin L. Bratton ____(Yes) ____(No)
33 Councilman Oliver Gilbert, III ____ (Yes) ____(No) 34 Councilman Andre’ Williams ____(Yes) ____(No) 35 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 36 Councilwoman Barbara Watson
____ (Yes) ____(No) 37 38 39 Page 69 of 162
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City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required:
(Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilwoman Barbara Watson Department: Mayor and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE REQUIREMENTS FOR THE STORAGE OF SOLID WASTE RECEPTACLES; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary:
On March 5, 2005, the City Council of the City of Miami Gardens, adopted Ordinance No. No. 2005-13-51 to establish standards of maintenance of properties and to improve and enhance the
aesthetic environment throughout the City. Since the adoption of
the Property Maintenance Ordinance, the City has encountered many cases in which property owners have left solid waste receptacles along the public right-of-ways for extended periods
of time prior to and after trash pick-up. As such, Councilwoman Watson is recommending that the City Council amend the Property Maintenance Ordinance to impose requirements for the inconspicuous
storage of solid waste receptacles, and to establish a time for removal of receptacles after scheduled solid waste collection. Recommendation: Councilwoman Watson recommends that the
City Council approve an amendment to Sections 4 and 15 of the Property Maintenance Ordinance. ITEM H-3) ORDINANCE FIRST READING Amending the Property Maintenance Ordinance Page 84 of
162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: None Page 85 of 162
______________________________ Language deleted is stricken through and language added is underlined 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE
NO. 2010____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 4 AND 15 OF ORDINANCE 2005-13-51, THE “PROPERTY MAINTENANCE” ORDINANCE TO INCLUDE
REQUIREMENTS FOR THE STORAGE OF SOLID WASTE RECEPTACLES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 9, 2005, the City Council of the City of Miami Gardens adopted Ordinance No. 2005-13-51 to establish standards
for the maintenance of properties and to improve and enhance the aesthetic environment throughout the City, and WHEREAS, enforcing proper maintenance standards serves a public purpose
in creating safe, sanitary and litter-free neighborhoods within the City of Miami Gardens, and WHEREAS, the City has encountered problems whereby property owners are leaving solid waste
receptacles along public rights-of-way for extended periods of time, and WHEREAS, the placement and abandonment of waste receptacles for extended periods of time creates blight, litter
and animal scavenger problems which poses a threat to the environment and public health, and WHEREAS, the City would like to amend the “Property Maintenance Ordinance” to include requirements
for the storage of solid waste receptacles and Page 86 of 162
______________________________ Language deleted is stricken through and language added is underlined 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 to establish a time for the removal of
receptacles from rights-of-way after scheduled solid waste collection, 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 paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section
2. REPEAL: Section 15-5 of the Miami-Dade County Code of Ordinances, as made applicable to the City of Miami Gardens is hereby repealed. Section 3. AMENDMENT: Section 4 of Ordinance
No. 2005-13-51 as amended, is hereby amended to include the following definition: V. Solid waste. Garbage, trash, yard trash (except for compost piles), litter, cuttings from vegetation,
refuse, paper, bottles, rags, hazardous waste, construction and demolition debris, industrial waste, or other discarded materials, including material or containers from domestic, commercial
or agricultural operations, as defined in the City Code of Ordinances. W. Solid waste 18 receptacle. A container constructed of such material 19 and in such manner as to hold solid waste
and trash and other such items 20 without breaking or collapsing. “Receptacles” shall have handles and covers so 21 that the contents therein are not exposed to weather, animals and
vermin. A 22 disposable plastic bag shall constitute a receptacle if it is of sufficient strength 23 and durability to hold its contents of solid waste, garbage, rubbish and trash, 24
without breaking when collected. 25 W X Structure. Anything constructed or erected the use of which requires rigid location on the ground, or attachment to something having a permanent
location on the ground, including buildings, walls, fences, signs, light stands, towers, tanks, etc. 26 27 28 29 30 31 XY Unimproved lot. Any vacant lot or any lot without structure.
32 Page 87 of 1
62______________________________ Language deleted is stricken through and language added is underlined 3 YZ Vacant Land. Any parcel of land, whether divided or undivided, upon which
there are no structures. 1 2 3 4 5 Section 4. AMENDMENT: Section 15 of Ordinance No. 2005-13-51 is amended as follows: SECTION 15. PREMISES E 6 NTRANCE AND EGRESS; EXTERIOR PEDESTRIAN
7 WALKWAYS, PARKING LOTS, GREEN AREAS AND PUBLIC RIGHTS8 OF-WAY. 9 14 18 10 (1) Premises entrances and egresses, including lighting, signage, and 11 landscaping, shall be maintained
so as not to cause visibility hazards to motorists 12 or pedestrians. Entrances and egresses shall be maintained in accordance with 13 the approved site plan. 15 (2) Exterior pedestrian
walkways, parking lots, green areas and public rights-of16 way shall remain free of obstructions, including but not limited to tables and chairs, 17 merchandise displays, and store merchandise.
19 (3) Solid waste receptacles shall be stored in the rear or along the side of 20 residential residential property in an inconspicuous manner, except during scheduled solid 21 waste
collection. In the event of solid waste collection, receptacles shall not be 22 placed in any public right-of-way prior to 7:00 p.m. the day before a solid waste 23 collection, and all
solid waste receptacles shall removed by 11:59 p.m. on the date 24 of the solid waste collection. 25 26 27 28 29 30 31 32 33 34 Section 5. CONFLICT: All ordinances or code provisions
in conflict herewith are hereby repealed. Section 6. 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 7. 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 Page 88 of 162
______________________________ Language deleted is stricken through and language added is underlined 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
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 8. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING
ON THE ___ DAY OF ___, 2010. PASSED ON SECOND READING ON THE ___ DAY OF ____, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON
THE ___ DAY OF _____, 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS,
CITY ATTORNEY SPONSORED BY: COUNCILWOMAN BARBARA WATSON Page 89 of 162
______________________________ Language deleted is stricken through and language added is underlined 5 1 2 3 4 5 6 7 8 9 10 Moved by: __________________ Second by: _________________
VOTE: _________ 11 Mayor Shirley Gibson ____ (Yes) ____(No) 12 Vice Mayor Aaron Campbell ____ (Yes) ____(No) 13 Councilman Melvin L. Bratton ____(Yes) ____(No) 14 Councilman Oliver Gilbert
III ____ (Yes) ____(No) 15 Councilman Andre’ Williams ____(Yes) ____(No) 16 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 17 Councilwoman Barbara Watson ____ (Yes) ____(No) Page
90 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: (Enter X in
box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Councilman Oliver G. Gilbert III Department: Mayor and City Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AMENDING THE CITY’S CODE OF ORDINANCES TO PROHIBIT PAIN MANAGEMENT CLINICS FROM DISPENSING DRUGS ON-SITE; AMENDING SECTION 9-20 OF ORDINANCE NO. 2010-10-218 OF THE LAND DEVELOPMENT
REGULATIONS (“LDRS”), TO PROHIBIT ON-SITE DISPENSING OF CONTROLLED SUBSTANCES AT MEDICAL OFFICES; AMENDING SECTION 10-30(DD) OF THE LDRS TO PROHIBIT MOBILE PAIN MANAGEMENT CLINICS; AMENDING
APPENDIX “A” MASTER USE LIST AND USE DEFINITIONS OF THE LDRS TO INCLUDE DEFINITIONS FOR “PAIN MANAGEMENT CLINICS”; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Summary: Councilman Gilbert is recommending that the City adopt an Ordinance
to prohibit “pain management clinics.” Medical offices and pharmacies are permitted in various zoning areas throughout the City. While the normal operations and expectations of a medical
office use include examination by doctors, if prescriptions are required, they are normally written on‐site, and filled off‐site at a pharmacy. However, pain management clinics provide
prescriptions, and fill prescriptions on‐site. While some pain management clinics operate for legitimate purposes, there is a pattern of abuse, which includes ITEM I-1) ORDINANCE SECOND
READING/PUBLIC HEARING Pain Management Clinics Page 91 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 illegal sale, use, and delivery of narcotics when they are dispensed on site that can be associated with some pain
management clinics. Increased criminal activity and other secondary effects including loitering can occur at pain clinics. The Miami Gardens Police Department has observed dispensing
of drugs, sales and other criminal activities on or around a property where a pain clinic was located in the City. This type of activity threatens to undermine the economic health of
the City’s development and redevelopment efforts, as well as our efforts to control crime. According to a recent Time Magazine article, prescription drug use in Florida rose from 2,780
in 2006 to 3,317 in 2007, and then to 3,750 in 2008. This last figure is equivalent to ten (10) reported deaths a day, more than the number of fatalities from street drugs such as cocaine
and heroin. According to a recent Broward County Grand Jury Report entitled “The Proliferation of Pain Clinics in South Florida” (available at the desk of Mayor and Council Staff), pain
clinics dispense nine million doses of OxyContin every six months throughout South Florida. Many patients engage in “doctor shopping” by obtaining and filling prescriptions at various
clinics within a matter of hours. Although the State Legislature has authorized a prescription‐monitoring database to prevent doctor shopping, it has not been implemented. Many pain
clinics only accept cash payments, which keeps them under the radar from the Florida Board of Medicine (BOM) and the Agency for Healthcare Administration (ACHA). In fact, patients travel
to South Florida from as far as Tennessee and Kentucky to obtain prescription narcotics. This Ordinance does not interfere with the legitimate medical use of controlled substances, it
does however, prohibit the location of dispensing of narcotic drugs on site at medical offices, to the extent permitted by law. Proposed Action: Councilman Oliver Gilbert recommends
that the City Council approve this Ordinance. Attachment: None Page 92 of 162
______________________________ Language deleted is stricken through and language added is underlined 1 ORDINANCE NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AMENDING THE CITY’S CODE OF ORDINANCES TO PROHIBIT PAIN MANAGEMENT CLINICS FROM DISPENSING DRUGS ON-SITE; AMENDING SECTION 9-20 OF ORDINANCE NO. 2010-10-218 OF THE LAND DEVELOPMENT
REGULATIONS (“LDRS”), TO PROHIBIT ON-SITE DISPENSING OF CONTROLLED SUBSTANCES AT MEDICAL OFFICES; AMENDING SECTION 10-30(DD) OF THE LDRS TO PROHIBIT MOBILE PAIN MANAGEMENT CLINICS; AMENDING
APPENDIX “A” MASTER USE LIST AND USE DEFINITIONS OF THE LDRS TO INCLUDE DEFINITIONS FOR “PAIN MANAGEMENT CLINICS”; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 12, 2010, the City Council enacted a moratorium on “pain clinics”
within the City of Miami Gardens, and WHEREAS, the City Council directed Staff to study the nature and scope of regulating “pain clinics” and “pain management clinics” and businesses
involved in the dispensing of narcotic drugs, and WHEREAS, the Miami Gardens Police Department has observed suspected drug sales, and other criminal activity on or around the property
of a pain clinic in the City, and WHEREAS, according to a recent TIME Magazine article, prescription drug use in Florida rose from 2,780 in 2006 to 3,317 in 2007, and then to 3,750 in
2008, the last figure is equivalent to about 10 reported deaths a day, more than the number of fatalities from street drugs like cocaine and heroin, and Page 93 of 162
______________________________ Language deleted is stricken through and language added is underlined 2 WHEREAS, the illegal sale, use and delivery of controlled substances is a threat
to the health, safety and welfare of the residents of the City of Miami Gardens, and WHEREAS, increased criminal activity and other secondary effects including parking, noise, loitering
and littering associated with the narcotic-related activities at pain management clinics, is significant and threatens to undermine the economic health of the City’s development and
redevelopment efforts, and WHEREAS, in the absence of regulations identifying where narcotic drugs may be dispensed, the City’s residents, visitors and businesses are more vulnerable
to criminal actions, despite the provision of law enforcement services, and WHEREAS, this Ordinance is not intended to interfere with the legitimate medical use of controlled substances,
but rather to prohibit the location of dispensing of narcotic drugs on site at medical offices, to the extent permitted by law, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same
are hereby made a specific part of this Ordinance. Section 2. DEFINITIONS: For purposes of this Section, “pain management clinics” or “pain clinics” shall be defined as: Page 94 of 162
______________________________ Language deleted is stricken through and language added is underlined 3 1. Any clinic, medical office or medical practitioner’s office that is not affiliated
with a hospital, hospice or other facility for treatment of terminally ill; and 2. One of the primary business purposes of such clinic, medical office or medical practitioner’s office
is to prescribe or dispense pain medication, identified in Schedules II, III, IV in Sections 893.03, 893.035 or 893.0355, Florida Statutes, to individuals, or 3. The clinic, medical
office or medical practitioner’s office advertises as being in business to prescribe pain medication, as defined above in subparagraph 2, and which may or may not provide dispensing
of pain medication on site. Section 3. PROHIBITION: Pain management clinics are prohibited from on-site dispensing of controlled substances that are identified in Schedule II, III, or
IV in Sections 893.03, 893.035, or 893.0355, Florida Statutes, in medical offices, unless otherwise expressly permitted by statutory or general law. The following are exempt from this
prohibition: (1) A health care practitioner administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during
that particular treatment session. (2) A pharmacist or health care practitioner administering a controlled substance to a patient or resident receiving care at a hospital, nursing facility,
institution or asylum, ambulatory surgical center, or hospice which is licensed in this state. (3) A pharmacist or health care practitioner administering a controlled substance to a
patient or resident receiving care at an intermediate care facility for the developmentally disabled which is licensed in this state. (4) A health care practitioner administering a controlled
substance in the emergency room of a licensed hospital. (5) A health care practitioner dispensing a one-time, 72-hour emergency resupply of a controlled substance to a patient. Page
95 of 162
______________________________ Language deleted is stricken through and language added is underlined 4 Section 4. AMENDMENT: Section 9-20 of Ordinance No. 2010-10-218 is hereby amended
as follows: (FF) Office -medical office/medical clinic. On-site dispensing of controlled substances that are identified in Schedule II, III, or IV in Sections 893.03, 893.035, or 893.0355,
Florida Statutes is prohibited, unless otherwise expressly permitted by statutory or general law. The following are exempt from this prohibition: (1) A health care practitioner administering
a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session. (2) A pharmacist or
health care practitioner administering a controlled substance to a patient or resident receiving care at a hospital, nursing facility, institution or asylum, ambulatory surgical center,
or hospice which is licensed in this state. (3) A pharmacist or health care practitioner administering a controlled substance to a patient or resident receiving care at an intermediate
care facility for the developmentally disabled which is licensed in this state. (4) A health care practitioner administering a controlled substance in the emergency room of a licensed
hospital. (5) A health care practitioner dispensing a one-time, 72-hour emergency resupply of a controlled substance to a patient. (GG) Pharmacy, drug store. Shall not be permitted to
be located within the same establishment or building as any medical office or clinic, or as any medical or dental laboratory which is staffed by health care practitioners licensed to
prescribe controlled substances identified in Schedule II, III, or IV in Sections 893.03, 893.035, or 893.0355, Florida Statutes, as may be amended from time to time. These supplemental
regulations are not to be interpreted to limit the lawful operation of a hospital or institution or asylum separately defined and permitted in zoning districts according to separate
regulations. Page 96 of 162
______________________________ Language deleted is stricken through and language added is underlined 5 SECTION 5. RELETTERING: Paragraphs FF through PP of Section 9-20 of Ordinance No.
2010-10-218, as amended, are hereby relettered. SECTION 6. AMENDMENT: Section 10-30(DD) of Ordinance No. 2010-10-218 is hereby amended as follows: (DD) Mobile medical, professional unit.
Mobile medical facilities or other self contained facilities that travel to several locations, are at the location for a period greater than twenty-four (24) hours, and provide medical
or other professional services shall be required: (1) Special permit. Receive a special permit that is renewed annually. (2) Site plan. Provide a site plan for all locations indicating
where the unit shall be placed on the site; and, (3) Visitation. Specify length of time and frequency of visits to the various locations. The unit shall be on each site no longer than
thirty (30) days from the date permit is issued. Units shall visit the site no more than six (6) 6) times a year. (4) Mobile pain management clinics, as herein defined, shall be prohibited.
Section 7. AMENDMENT: Appendix “A” Master Use List and Use Definitions of Ordinance No. 2010-10-218 is hereby amended as follows: USE RELATED USES DEFINITION Office medical office/medical
clinic Chiropodists. Chiropractors. Christian Science practitioners. Cosmetic procedures and surgery Dentists. Dieticians. Medical clinics by appointment with and An establishment where
patients are examined, treated or both on an individual basis by physicians, chiropractors, dentists, osteopaths, optometrists, acupuncturists, and other health practitioners who are
duly licensed to Page 97 of 162
______________________________ Language deleted is stricken through and language added is underlined 6 without laboratory and other incidental medical services. Midwives. Naturopaths.
Nurses, registered and practical. Nutritionists. Occupational therapists. Optometrists. Osteopathic. Outpatient clinics. Rehabilitation centers. Physicians and surgeons. Physiotherapists.
Podiatrists. Psychiatrists. Psychoanalysts. Psychologists. Psychotherapists. Urgent care centers Visiting nurse association. Walk in clinics with and without laboratory and other incidental
medical services. practice their respective professions in the State of Florida. Does not include personal service establishments or places for treatment of animals, nor does it entail
overnight patient stays. The offices of psychologists, social workers and mental health counselors are not medical offices. (See business and professional office). Shall not include
pain management clinics, as herein defined. Rehabilitation centers. A type of medical office established to aid persons affected by excessive or illegal use of drugs, narcotics or other
hallucinatory substances, not including alcohol, who have developed a dependency on such substances, including but not limited to methadone maintenance facilities, and outpatient rehabilitation
facilities. Pain Clinic and Pain Management Clinic. 1. Any clinic, medical office or medical practitioner’s office that is not affiliated with a hospital, hospice or other facility for
treatment of terminally ill; and 2. One of the primary Page 98 of 162
______________________________ Language deleted is stricken through and language added is underlined 7 business purposes of such clinic, medical office or medical practitioner’s office
is to prescribe or dispense pain medication, identified in Schedules II, III, IV in Sections 893.03, 893.035 or 893.0355, Florida Statutes, to individuals, or 3. The clinic, medical
office or medical practitioner’s office advertises as being in business to prescribe pain medication, as defined above in subparagraph 2, and which may or may not provide dispensing
of pain medication on site. Personal care services Barber shop. Hair saloon Nails saloon Jewelry repair Petting sitting service Tailors. Shoe repair Licensed massage therapy Personal
training (fitness) studios Spa/wellness centers. Drycleaning. A business primarily engaged in providing individual services on the premises involving the care of a person or their apparel,
jewelry and other items worn on one’s person. Astrologists and other fortune telling activities, medical services, and mortuaries and related businesses shall not be considered personal
service establishments. Shall not include pain management clinics, as herein defined. Page 99 of 162
______________________________ Language deleted is stricken through and language added is underlined 8 Section 8. CONFLICT: All ordinances or Code provisions in conflict herewith are
hereby repealed. Section 9. 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 10. 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 section 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. Section 11. EFFECTIVE DATE: This Ordinance shall become
effective immediately upon its final passage. PASSED ON FIRST READING ON THE ____ DAY OF _________, 2010. PASSED ON SECOND READING ON THE ____ DAY OF _______, 2010. Page 100 of 162
______________________________ Language deleted is stricken through and language added is underlined 9 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR
MEETING HELD ON THE _____ DAY OF ____________, 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILMAN OLIVER GILBERT III Moved by: __________________ Second by: _________________ VOTE: _________ Mayor Shirley Gibson
____ (Yes) ____(No) Vice Mayor Aaron Campbell ____ (Yes) ____(No) Councilman Melvin L. Bratton ____(Yes) ____(No) Councilman Oliver Gilbert III ____ (Yes) ____(No) Councilman Andre’
Williams ____(Yes) ____(No) Councilwoman Sharon Pritchett ____ (Yes) ____(No) Councilwoman Barbara Watson ____ (Yes) ____(No) Page 101 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X
Public Hearing: Yes No Yes No X Funding Source: Building Better Communities eral Obl tion d Fund Gen Bon iga s Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid
#: X Sponsor Name Dr. Danny Crew, City Manager Department: Capital Projects Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE
OF A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED THREE THOUSAND, EIGHT HUNDRED FORTY-THREE DOLLARS AND 60/100 CENTS ($3,843.60) TO URS CORPORATION SOUTHERN FOR CONSTRUCTION AND ADMINISTRATION
SERVICES FOR THE NORWOOD POOL PIPING REPLACEMENT PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background: On February 25, 2009,
the City Council in accordance with Resolution No. 2009-17-962, authorized the City Manager to approve a Nonexclusive Continuing Contract with URS Corporation Southern. A Purchase Order
was issued to URS Corporation Southern in June 2009 in the amount of $40,107.00 with a 10% contingency of $4,010.70 to develop the construction documents and perform the construction
administration for the Norwood Pool Piping Replacement Project. URS completed the construction documents on schedule and the project was advertised for bids on November 9 2009. The plans
and specifications prepared by URS were broadcasted as ITB #09-10-018 on November 9, 2009. ITEM J-1) CONSENT AGENDA RESOLUTION Change Order to URS Corp. Page 102 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation: During the development of the construction documents and the actual pipe replacement process
changes to the scope of work have occurred which require additional professional services from URS. The additional services are expected to exceed the City Manager’s approval authority.
The additional services are: • Asbestos Survey Report required by DERM $2,500.00 • Reimbursement MD Fire, DERM & Health Dept Application fees $ 524.30 • MG Building Department & FL Health
Department requirements $3,285.00 • MG Building Department & FL Health Department requirements $1,545.00 $7,845.30 Total additional service items $7,845.30 Original Approved Contingency
10% -$4,010.70 Change Order #1 $3,843.60 Staff is requesting approval of Change Order #1 to URS Corporation Southern in an amount not to exceed $3,843.60, to cover the anticipated
cost to complete the project. The Building Better Communities General Obligation bond money will be utilized to fund the proposed change order. Proposed Action: It is recommended that
City Council approve the attached resolution authorizing the City Manager to issue a Change Order #1 to the existing Purchase Order for URS Corporation Southern located in Miami, FL
in an amount not to exceed $3,843.60. Attachment: Attachment A: Project Fee Summary Page 103 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE
ISSUANCE OF A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED THREE THOUSAND, EIGHT HUNDRED FORTY-THREE DOLLARS AND 60/100 CENTS ($3,843.60) TO URS CORPORATION SOUTHERN FOR CONSTRUCTION AND
ADMINISTRATION SERVICES FOR THE NORWOOD POOL PIPING REPLACEMENT PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 25, 2009, the
City Council in accordance with Resolution No. 2009-17-962, authorized the City Manager to execute a non-exclusive continuing contract with URS Corporation Southern (“URS”), and WHEREAS,
a Purchase Order was issued to URS in June 2009, in the amount of Forty Thousand, One Hundred Seven Dollars ($40,107.00) to develop the construction documents and perform the construction
administration for the Norwood Pool Piping Replacement Project, and WHEREAS, during the development of the construction documents and the actual pipe replacement process, changes to
the scope of work occurred which required additional professional services from URS, and WHEREAS, the additional services are expected to exceed the City Manager’s approval authority,
and WHEREAS, Miami-Dade GOB Parks Master Plan grant money will be utilized to fund the proposed change order, 1 Page 104 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 issue a change order in an amount not to exceed Three Thousand, Eight Hundred
Forty-Three Dollars and 60/100 Cents ($3,843.60) to URS Corporation Southern for construction and administration services for the Norwood Pool Piping Replacement Project. 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 ______________, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS,
CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER 2 Page 105 of 162
3 1 2 3 4 5 6 7 MOVED BY:_____________________ VOTE: _____ 8 Mayor Shirley Gibson (Yes) ___(No) 9 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 10 Councilman Melvin L. Bratton (Yes) ___(No)
11 Councilman Oliver Gilbert, III (Yes) ___(No) 12 Councilwoman Barbara Watson (Yes) ___(No) 13 Councilwoman Sharon Pritchett (Yes) ___(No) 14 Councilman André Williams (Yes) ___(No)
15 16 17 Page 106 of 162
AN reH C REQUESTED PROJECT FUNDING INCREASE $ 3 843 60 NORWOOD PIPING REPLACEMENT PROJECT-CHANGE ORDER SUMMARY SHEET Change No: GC's PC Description Final Amounts Days Requested Days
Approved COUNCIL EXHIBIT "A" CHANGE ORDER NO:1 PROJECT COST SUMMARY EXTENSION EXTENSION REQUESTED APPROVED DAYS TOT. DAYS TOT. ORIGINAL PROFESSIONAL SERVICES AGREEMENT (PS ) AMOUNT $
40,107.00 MANAGERS CONTINGE CY @10% $ 4,010.70 Approved Project Professional Services Ag ement Total $ 44,117.70 TOTAL ANTICIPATED ADDITIONAL FUNDS NECESSARY TO COMPLETE T E PROJECT
$ 3,843.60 RECOMMENDED ADJUSTED PSA CONTRA T AMOUNT $ 47,961.30 3,843.60 Page 107 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X
Public Hearing: Yes No Yes No X Funding Source: Safe Neighborhood Bond Funds Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny
Crew, City Manager Department: Capital Projects Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN AN
AMOUNT NOT TO EXCEED FOURTEEN THOUSAND, FIVE HUNDRED AND SEVENTY-SIX DOLLARS AND 46/100 CENTS ($14,576.46) TO SK QUALITY CONTRACTOR, INC., FOR THE CONSTRUCTION OF THE NORWOOD POOL PIPING
REPLACEMENT PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On January 13, 2009, the City Council in accordance with Resolution
No. 2010-06-1188, Inc., authorized the City Manager to negotiate and execute an agreement with SK Quality Contractor for the construction of the Norwood Pool Piping Replacement Project.
The piping replacement scope includes the pool piping and the poolhouse domestic water piping replacement. The City Council approved the contract for the construction of the project
in the amount of $240,000, with a 10% contingency of $24,000. ITEM J-2) CONSENT AGENDA RESOLUTION Change Order to SK Quality Contractor Inc. Page 108 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation Since the start of construction changes to the scope of work have occurred which are expected
to exceed the City Manager approved purchasing authority. Miami Gardens Captial Projects staff, Building Inspectors, and the Florida Department of Health have identified needs that were
not included as part the original scope. The change order items are: 1) Unforeseen conditions not addressed in the original scope: • Water service relocation & Pool inlet Replaced $11,621.90
• Resilient floor deduction $ (3,200.00) • Poolhouse Lavatory mirror replacement $ 345.00 $ 8,766.90 2) Miami Gardens Building Department inspection requirements: • Complete pool electrical
grounding $ 4,163.00 • Complete Poolhouse electrical grounding $ 3,337.30 • Pool electrical grounding for pipe supports $ 1,035.00 • Tracing of electrical circuits and panels in Poolhouse
$ 506.00 $ 9,041.30 3) Florida Department of Health additional requirements: • New main pool drain $20,768.26 Total Change Order items $38,576.46 Contingency 10% -$24,000.00 Change Order
#1 $14,576.46 Staff is requesting approval of Change Order #1 to SK Quality Contractor in an amount not to exceed $14,576.46 to cover the anticipated cost to complete the project. The
remaining Safe Neighborhood Parks Bond money will be utilized to fund the proposed change order. Proposed Action: It is recommended that City Council approve the attached resolution
authorizing the City Manager to issue a Change Order to the existing contract with SK Quality Contractor, Inc. located in Miami, FL in an amount not to exceed $14,576.46. Attachment:
Attachment A: Project Cost Summary Page 109 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE
OF A CHANGE ORDER IN AN AMOUNT NOT TO EXCEED FOURTEEN THOUSAND, FIVE HUNDRED AND SEVENTY-SIX DOLLARS AND 46/100 CENTS ($14,576.46) TO SK QUALITY CONTRACTOR, INC., FOR THE CONSTRUCTION
OF THE NORWOOD POOL PIPING REPLACEMENT PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 13, 2009, the City Council adopted Resolution
No. 2010-06-1188 authorizing the City Manager to negotiate and execute an agreement with SK Quality Contractor, Inc. for the construction of the Norwood Pool Piping Replacement Project,
and WHEREAS, the piping replacement scope includes the pool piping and the pool house domestic water piping replacement, and WHEREAS, the City Council approved the contract for the construction
of the project in the amount of Two Hundred Forty Thousand Dollars ($240,000.00), and WHEREAS, additional inspection and replacement needs which were not included as part of the original
scope of work having been identified by the Florida Department of Health and building inspectors, and WHEREAS, the unforeseen changes to the scope of work exceed the ten percent (10%)
contingency given to the City Manager, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 110 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 issue a change order in an amount not to exceed Fourteen Thousand, Five Hundred and Seventy-Six Dollars and 46/100 Cents ($14,576.46) to SK Quality Contractor, Inc.,
for the construction of the Norwood Pool Piping Replacement Project. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED
BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 9, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________
RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: ___________________________ 2 Page 111 of 162
3 1 2 3 4 5 VOTE: _____ 6 Mayor Shirley Gibson (Yes) ___(No) 7 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 8 Councilman Melvin L. Bratton (Yes) ___(No) 9 Councilman Oliver Gilbert,
III (Yes) ___(No) 10 Councilwoman Barbara Watson (Yes) ___(No) 11 Councilwoman Sharon Pritchett (Yes) ___(No) 12 Councilman André Williams (Yes) ___(No) 13 14 15 Page 112 of 162
CN aH C REQUESTED PROJECT FUNDING INCREASE $ 14 576 46 NORWOOD PIPING REPLACEMENT PROJECT-CHANGE ORDER SUMMARY SHEET Change No: GC's PC Description Final Amounts Days Requested Days
Approved COUNCIL EXHIBIT "A" CHANGE ORDER NO:1 PROJECT COST SUMMARY EXTENSION EXTENSION REQUESTED APPROVED DAYS TOT. DAYS TOT. ORIGINAL CONSTRUCTION CONTRA T AMOUNT $ 240,000.00 MANAGERS
CONTINGE CY @10% $ 24,000.00 Approved Project Construction Total Per Reso. No: 2010-06-1188 d ted 1/13/2010 $ 264,000.00 TOTAL ANTICIPATED ADDITIONAL FUNDS NECESSARY TO COMPLETE T E
PROJECT $ 14,576.46 RECOMMENDED ADJUSTED CONSTRUCTION CONTRA T AMOUNT $ 278,576.46 43.00 14,576.46 Page 113 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 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: Parks and Recreation General Funds Advertising Requirement: (Enter X in box)
Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X ITB#0910041 Sponsor Name Dr. Danny Crew, City Manager Department: Parks and Recrecation Department Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO FG ATHLETICS, LLC, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-NINE THOUSAND, ONE HUNDRED
DOLLARS ($179,100.00), FOR FOOTBALL UNIFORMS; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER NOT TO EXCEED THIS AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE Staff Summary: Background The City of Miami Gardens Parks and Recreation Department is launching its inaugural Youth Sports Program this year. This program will encompass
numerous competitive sports programs, teach the fundamentals of each sport, as well as seek to develop student athletes. Current Situation The initial sporting activities will be youth
football and cheerleading. In an effort to provide football uniforms for the City of Miami Gardens Parks and Recreation Department Youth Sports Program, commencing on June 28, 2010;
the City solicited bids to obtain the uniforms from a responsible vendor. The football uniforms included game jerseys, game pants, practice shorts, practice pants, and practice jerseys.
The uniforms encompass the necessary items for practice and gameday. ITEM J-3) CONSENT AGENDA RESOLUTION Awarding a bid to FG Athletics, LLC Page 114 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 All items will be purchased on an as needed basis, depending on the number of registered participants. The purchase
quantities for the football uniforms will not exceed the following: • Football Game Jerseys: one thousand six hundred sixty five (1,665) • Football Game Pants: one thousand six hundred
sixty five (1,665) • Football Practice Shorts: one thousand seven hundred (1,700) • Football Practice Pants: one thousand seven hundred (1,700) • Football Practice Jerseys: one thousand
seven hundred (1,700) City Staff prepared specifications and advertised on April 8, 2010. A broadcast notice was sent to 331 vendors. Nineteen (19) vendors requested bid packages. The
bids were opened on April 22, 2010. Six (6) bids were received and publicly read. All Bids were evaluated for compliance with specifications and compliance with ability to provide needed
quantity. A copy of the bid document and submittals are available for review at the Assistant to the Mayor and Council’s office. Game Wear and One Stop Business Solutions did not bid
on all items and therefore are non‐responsive. Matty’s Sports sample uniform did not meet the lettering specified in the bid and therefore is also non‐responsive. FG Athletics, LLC was
the only responsive bidder for the football uniforms. Similarly, City Staff inspected the various uniform samples and determined that this vendor’s bid met the bid specifications. Staff
is recommending award for the purchase of game jerseys, game pants, practice shorts, practice pants and practice jerseys in the amount of $179,100 to FG Athletics, LLC of Hialeah, FL.
This contract is for a two year term with City option to renew for an additional two years. Proposed Action: That the City Council authorize the City Manager to issue a purchase order
to FG Athletics, LLC, not to exceed $179,100 for up to one thousand six hundred sixty five (1665) game jerseys, one thousand six hundred sixty five (1665) game pants, one thousand seven
hundred (1700) practice shorts, one thousand seven hundred (1700) practice pants, and one thousand seven hundred (1700) practice jerseys based on the number of registered participants.
Attachment: Attachment A –Bid Tabulation Page 115 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO
FG ATHLETICS, LLC, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY-NINE THOUSAND, ONE HUNDRED DOLLARS ($179,100.00), FOR FOOTBALL UNIFORMS; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE
ORDER NOT TO EXCEED THIS AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens Parks and Recreation Department is launching
its inaugural Youth Sports Program this year, and WHEREAS, it is necessary for the City to order sports uniforms for the youth who will be participating in the activities, and WHEREAS,
the City issued Invitation To Bid #09-10-141 for football uniforms, and WHEREAS, six (6) bids were received and publicly read, and WHEREAS, all bids were evaluated for compliance, specifications,
and the ability to provide the needed quantities, and WHEREAS, FG Athletics, LLC of Hialeah, Florida was the only responsible bidder, and WHEREAS, City staff is recommending that the
City Council award a bid to FG Athletics, LLC in the amount of One Hundred Seventy-Nine Thousand, One Hundred Dollars ($179,100.00) and authorize the City Manager to issue a purchase
order accordingly, and 1 Page 116 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the award will be for a two (2) year term with an option to renew for two (2) additional years,
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 award of a bid to FG Athletics, LLC, in an amount not to exceed One Hundred Seventy-Nine Thousand, One Hundred Dollars ($179,100.00) for football uniforms and further
authorizes the City Manager to issue a Purchase Order not to exceed this amount. 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 _________ ____, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _____________________
____________ RONETTA TAYLOR, MMC, CITY CLERK 2 Page 117 of 162
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 17 Mayor Shirley
Gibson (Yes) ___(No) 18 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 19 Councilman Melvin L. Bratton (Yes) ___(No) 20 Councilman Oliver Gilbert, III (Yes) ___(No) 21 Councilwoman Barbara
Watson (Yes) ___(No) 22 Councilwoman Sharon Pritchett (Yes) ___(No) 23 Councilman André Williams (Yes) ___(No) 24 25 26 Page 118 of 162
Rev. 5/26/10 April 22, 2010 ITB # 09-10-041 FOOTBALL & CHEERLEADING UNIFORMS City of Miami Gardens This is only a tabulation of prices submitted and is not an indication of award or
responsiveness. Spirit Wear Hialeah, FL Varsity Spirit Fashions Memphis, TN GameWear Miami, FL One Stop Business Solution Miami Gardens, FL FG Athletics Hialeah, FL Matty's Sports Miami,
FL Item FOOTBALL UNIFORMS Est. Qty. Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended
Price A‐Team Vikings 1 Game Jersey Brand: Game Wear Style: Prodigy or "Approved Equal" meeting specifications. 333 No Bid $65.00 $21,645.00 No Bid $45.00 $14,985.00 No Bid $46.95 $15,634.35
Brand/Model Offered 2 Game Pants Brand: Game Wear Style: Havoc or "Approved Equal" meeting specifications. 333 No Bid $43.00 $14,319.00 No Bid $35.00 $11,655.00 No Bid $46.95 $15,634.35
Brand/Model Offered B‐Team Bulldogs 1 Jersey e p s, a , a a de s, a ea , a ea , a , MATJAC/FBP01 FG Athletics/REAPER MATJAC/FBJ01 FG Athletics/REAPER GameWear Prodigy GameWear Prodigy
Game Brand: Game Wear Style: Fire or "Approved Equal" meeting specifications. 333 No Bid $60.00 $19,980.00 No Bid $45.00 $14,985.00 No Bid $46.95 $15,634.35 Brand/Model Offered GameWear
Fire FG Athletics/STEALTH MATJAC/FBJ02 Page 119 of 162
2 Game Pants Brand: Game Wear Style: Dagger or "Approved Equal" meeting specifications. 333 No Bid $43.00 $14,319.00 No Bid $35.00 $11,655.00 No Bid $46.95 $15,634.35 Brand/Model Offered
C‐Team Ravens 1 Game Jersey Brand: Game Wear Style: Crush or "Approved Equal" meeting specifications. 333 No Bid $47.00 $15,651.00 No Bid $45.00 $14,985.00 No Bid $46.95 $15,634.35 Brand/Model
Offered 2 G P t MATJAC/FBP02 GameWear Crush FG Athletics/RAVENS MATJAC/FBJ03 GameWear Dagger FG Athletics/STEALTH Game Pants Brand: Game Wear Style: Rush or "Approved Equal" meeting
specifications. 333 No Bid $38.00 $12,654.00 No Bid $35.00 $11,655.00 No Bid $46.95 $15,634.35 Brand/Model Offered D‐Team Rams 1 Game Jersey Brand: Game Wear Style: Cyclone or "Approved
Equal" meeting specifications. 333 No Bid $65.00 $21,645.00 No Bid $45.00 $14,985.00 No Bid $46.95 $15,634.35 Brand/Model Offered 2 Game Pants Brand: Game Wear Style: Lighting or "Approved
Equal" meeting specifications. 333 No Bid $43 00 $14 319 00 No Bid $35 00 $11 655 00 No Bid $46 95 $15 634 35 MATJAC/FBP03 GameWear Cyclone MATJAC/FBJ04 GameWear Rush FG Athletics/RAVENS
FG Athletics/WILDCATS 43.00 14,319.00 35.00 11,655.00 46.95 15,634.35 Brand/Model Offered GameWear Lighting FG Athletics/WILDCATS MATJAC/FBP04 Page 120 of 162
E‐Team Cowboys 1 Game Jersey Brand: Game Wear Style: Warrior or "Approved Equal" meeting specifications. 333 No Bid $51.00 $16,983.00 No Bid $45.00 $14,985.00 No Bid $46.95 $15,634.35
Brand/Model Offered 2 Game Pants Brand: Game Wear Style: Galaxy or "Approved Equal" meeting specifications. 333 No Bid $43.00 $14,319.00 No Bid $35.00 $11,655.00 No Bid $46.95 $15,634.35
B d/M d l Off d GameWear Warrior FG Athletics/SUB‐0 G W G l FG A hl i /SUB MATJAC/FBJ05 /Varsity Spirit Fashions GameWear One Stop Business Solution FG Athletics Spirit Wear Matty's
Sports Brand/Model Offered F‐Football Practice Gear 1 Practice Shorts Available in all team colors, Youth & Adult sizes: XXS‐XXXL Brand: GTM Sports Wear Youth Style: YSH800 or "Approved
Equal" meeting specifications. 1700 No Bid No Bid $5.25 $8,925.00 $7.00 $11,900.00 No Bid $4.75 $8,075.00 Brand/Model Offered 2 Practice Pants Youth & Adult sizes: XXS‐XXXL Brand: Alleson
Athletic or "Approved Equal" meeting specifications. 1700 No Bid No Bid $16.00 $27,200.00 $9.00 9.00 $15,300.00 No Bid $8.35 $14,195.00 Brand/Model Offered 3 Practice Jerseys A il bl
i ll t l GameWear Galaxy Athletics/SUB‐0 MATJAC/FBP05 Universal Athletic/416‐2 Universal Athletic/FBSPC Force 2000 YM Champo/FY & FPA FG Athletics/FP100 FG Athletics/FP100 Available
in all team colors, Youth & Adult Sizes: XXS‐XXXL Brand: Alleson Athletic or "Approved Equal" meeting specifications. 1700 No Bid No Bid $15.00 $25,500.00 $11.00 $18,700.00 No Bid $5.90
$10,030.00 Brand/Model Offered TOTAL FOOTBALL UNIFORMS NO BID $165,834.00 $52,838.00 $179,100.00 NO BID $188,643.50 Page 121 of 162
CHEERLEADING UNIFORMS A-Team Vikings Est. Qty. Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit
Price Extended Price 1 Cheerleading Women's Shell Top Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity WS063A or "Approved Equal" meeting specifications.
225 $61.20 $13,770.00 No Bid No Bid $40.00 $9,000.00 $46.97 $10,568.25 No Bid Brand/Model Offered 2 Cheerleading Women's FG Athletics Varsity/CDT FG Athletics/C530 Varsity Spirit Fashions
GameWear One Stop Business Solution Adult WS063A/Youth CYW52706 Matty's Sports Spirit Wear/145BA Spirit Wear Bodyliner Available in team colors, Available in Youth and adult sizes: XS‐XXXL
Varsity MFBLR054W or "Approved Equal" meeting specifications. 225 $50.11 $11,274.75 No Bid No Bid $17.00 $3,825.00 $24.72 $5,562.00 No Bid Brand/Model Offered 3 Cheerleading Women's
A‐Line Skirt Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity WS063A or "Approved Equal" meeting specifications. 225 34.42 7,744.50 No Bid No Bid $30.00
$6,750.00 $32.97 $7,418.25 No Bid Brand/Model Offered 4 Skirt Varsity/CDT Varsity/CDT #MFLR054W FG Athletics/BL100 Adult 50947/Youth YS0947 Spirit Wear 2 color arms FG Athletics/CA100
Spirit Wear/350B Cheerleading Flyer Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity S1289 or "Approved Equal" meeting specifications. 18 55.68 1,002.24
No Bid No Bid $30.00 $540.00 $45.62 $821.16 No Bid Brand/Model Offered Adult S1298/Youth YS1298 Varsity/CDT FG Athletics/CFS06 Spirit Wear/312 Page 122 of 162
B-Team Bulldogs 1 Cheerleading Women's Shell Top Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity WS100A or "Approved Equal" meeting specifications. 225
$64.38 $14,485.50 No Bid No Bid $40.00 $9,000.00 $36.97 $8,318.25 No Bid Brand/Model Offered 2 Cheerleading Women's Bodyliner Available in team l A il bl i Y th d FG Athletics/C530 Adult
WS100A/Youth YSW100A Varsity/CDT Varsity Spirit Fashions GameWear One Stop Business Solution FG Athletics Spirit Wear Matty's Sports Spirit Wear/110A colors, Available in Youth and adult
sizes: XS‐XXXL Varsity MFBLR022W or "Approved Equal" meeting specifications. 225 $46.71 $10,509.75 No Bid No Bid $17.00 $3,825.00 $24.72 $5,562.00 No Bid Brand/Model Offered 3 Cheerleading
Women's A‐Line Skirt Available in Youth and adult sizes: XS‐XXXL Varsity S406 or "Approved Equal" meeting specifications. 225 $34.42 $7,744.50 No Bid No Bid $17.00 $3,825.00 $30.22 $6,799.50
No Bid Brand/Model Offered 4 Cheerleading Flyer Skirt Available in Youth and adult sizes: XS‐XXXL Varsity S1398 or Varsity/CDT MFBLR022W FG Athletics/BL 100 FG Athletics/CA100 Adult
S406/Youth YS406 Varsity/CDT Spirit Wear 2 color arms Spirit Wear/370 "Approved Equal" meeting specifications. 18 $55.68 $1,002.24 No Bid No Bid $30.00 $540.00 $45.62 $821.16 No Bid
Brand/Model Offered Varsity/CDT FG Athletics/CFS06 Adult S1398/Youth YS1398 Spirit Wear/312 Page 123 of 162
CHEERLEADING UNIFORMS cont. C-Team Ravens Est. Qty. Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Cheerleading Women's Shell
Top Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity WS074R or "Approved Equal" meeting specifications. 225 $66.50 $14,962.50 No Bid No Bid $40.00 $9,000.00
$49.72 $11,187.00 No Bid Brand/Model Offered Varsity/CDT FG Athletics/C530 Varsity Spirit Fashions GameWear One Stop Business Solution FG Athletics Adult WS074RA/Youth YWS074RA Spirit
Wear Matty's Sports Spirit Wear/139B 2 Cheerleading Women's Bodyliner Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity MFBLR030W or "Approved Equal" meeting
specifications. 225 $50.96 $11,466.00 No Bid No Bid $17.00 $3,825.00 $20.22 $4,549.50 No Bid Brand/Model Offered 3 Cheerleading Women's A‐Line Skirt Available in team colors, Available
in Youth and adult sizes: XS‐XXXL Varsity S025 or "Approved Equal" meeting specifications. 225 $42.91 $9,654.75 No Bid No Bid $30.00 $6,750.00 $32.97 $7,418.25 No Bid Brand/Model Offered
Varsity/CDT MFBLR074CV FG Athletics/BL 100 Varsity/CDT FG Athletics/CA100 Adult S061/Youth CYSK22008V Spirit solid alterning arm Spirit Wear/355D Page 124 of 162
4 Cheerleading Flyer Skirt Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity S23897 or "Approved Equal" meeting specifications. 18 $74.36 $1,338.48 No Bid
No Bid $30.00 $540.00 $47.82 $860.76 No Bid Brand/Model Offered D-Team Rams 1 Cheerleading Women's Shell Top Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity
WS083A Varsity/CDT FG Athletics/CFS06 Adult S23897/Youth YS23897 Spirit Wear/312A or "Approved Equal" meeting specifications. 225 $60.97 $13,718.25 No Bid No Bid $40.00 $9,000.00 $49.72
$11,187.00 No Bid Brand/Model Offered 2 Cheerleading Women's Bodyliner Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity MFBLR083M or "Approved Equal" meeting
specifications. 225 $56.91 $12,804.75 No Bid No Bid $17.00 $3,825.00 $35.72 $8,037.00 No Bid Brand/Model Offered 3 Cheerleading Women's A‐Line Skirt Available in team colors, Available
in Youth and adult i XS XXXLV i S083 Varsity/CDT FG Athletics/C530 Varsity/CDT MFBL083M FG Athletics/BL 100 Adult WS083A/Youth YWS083A Spirit Wear/149A Spirit 4 color arm sizes: XS‐XXXL
Varsity or "Approved Equal" meeting specifications. 225 $42.91 $9,654.75 No Bid No Bid $30.00 $6,750.00 $30.22 $6,799.50 No Bid Brand/Model Offered Varsity/CDT Adult S083/Youth YS083
FG Athletics/CA 100 Spirit/303 Page 125 of 162
4 Cheerleading Flyer Skirt Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity S1398 or "Approved Equal" meeting specifications. 18 $64.16 $1,154.88 No Bid
No Bid $30.00 $540.00 $45.62 $821.16 No Bid Brand/Model Offered E-Team Cowboys 1 Cheerleading Women's Shell Top Available in team colors, Available in Youth and adult XS XXXL Varsity
WS0924A Varsity/CDT FG Athletics/CFS06 Adult S1398/Youth YS1398 Spirit/312 sizes: XS‐or "Approved Equal" meeting specifications. 225 $65.44 $14,724.00 No Bid $40.00 $9,000.00 $45.32
$10,197.00 No Bid Brand/Model Offered 2 Cheerleading Women's Bodyliner Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity MFBL0924WM or "Approved Equal" meeting
specifications. 225 $47.56 $10,701.00 No Bid No Bid $17.00 $3,825.00 $30.22
$6,799.50 No Bid Brand/Model Offered 3 Cheerleading Women's A‐Line Skirt Available in team colors, Available in Youth and adult varsity/CDT MFBL0924WM Varsity/CDT Adult WS0924A/Youth
YWS0924A FG Athletics/BL 100 100 FG Athletics/C530 Spirit Spirit/3 color arm sizes: XS‐XXXL Varsity S073 or "Approved Equal" meeting specifications. 225 $38.66 $8,698.50 No Bid No Bid
$30.00 $6,750.00 $30.22 $6,799.50 No Bid Brand/Model Offered Varsity/CDT FG Athletics/CA100 Adult S073/Youth YS073 Spirit Wear/348A Page 126 of 162
4 Cheerleading Flyer Skirt Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity S1398 or "Approved Equal" meeting specifications. 18 $59.91 $1,078.38 No Bid
No Bid $30.00 $540.00 $45.62 $821.16 No Bid Brand/Model Offered F-CHEERLEADING PRACTICE UNIFORMS 1 Cheerleading Women's Practice Varsity Spirit Fashions GameWear One Stop Business Solution
FG Athletics Spirit Wear Matty's Sports Adult S1398/Youth YS1398 Varsity/CDT FG Athletics/CFS06 Spirit Wear/312 Shorts Available in Youth and adult sizes: XS‐XXL & Adult sizes; XLXXL,
Varsity SH03 or "Approved Equal" meeting specifications. 1125 $7.50 $8,437.50 No Bid $5.75 $6,468.75 $6.50 $7,312.50 $5.48 $6,165.00 No Bid Brand/Model Offered 2 Cheerleading Game Briefs
Available in team colors, Available in Youth and adult sizes: XS‐XXXL Varsity MFB/MFBY or "Approved Equal" meeting specifications. 1125 $15.25 $17,156.25 No Bid $10.75 $12,093.75 $8.00
$9,000.00 $9.87 $11,103.75 No Bid Brand/Model Offered V it /FG Adult SH03/Youth SH03Y Varsity/CDT August 987 FG Athletics CFS100 Soffee/SF037 Wear/1103 TOTAL CHEERLEADING UNIFORMS $203,083.47
NO BID $18,562.50 $113,962.50 $138,616.65 NO BID % Discount if Awarded all items: 15% 10% 0% 1% 0% 0% Varsity/CDT Pizzazz 1100 Athletics CBR Adult MFB/Youth MFBY Spirit Page 127 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 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: Development Serv Buil ices Fu ding an ode nd d C 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 Councilwoman Barbara Watson Department: Mayor and Council Short Title: A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE VACANT/ABANDONED PROPERTY WATCH LIST PROGRAM; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Councilwoman Barbara Watson is proposing that the City create a Vacant/Abandoned Property Watch List Program.
The purpose of this program will be to compile a list of homes that are vacant and/or abandoned throughout the City of Miami Gardens. The list will be generated as a part of the Code
Compliance Division’s abandoned or vacant property enforcement process. This information will be shared with the Police Department in the event of a call for service or problem that
arises at the vacant or abandoned property location. This list will identify which party has care/custody of the property, and as a part of the code enforcement process, the property
owners will be required to place signage on the home that alerts neighbors on where to call to report suspicious activity. PROPOSED PROCESS: • The Code Compliance Zone Officer identifies
an abandoned or vacant property needing board up. ITEM J-4) CONSENT AGENDA RESOLUTION Creating The Vacant/Abandoned Property Watch List Program Page 128 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • The officer writes the code violation requiring board up within seven (7) days and requires the property owner
to provide contact information as to who will be responsible for the property in the event of a problem. • The officer will further require as a stipulation of compliance that the property
owner place signage on the exterior of the property that alerts neighbors on where to call to report suspicious activity. • The officer will be required to place a notice on the properties
immediately adjacent to the subject property to educate them on whom to call if suspicious activity is observed on the property. • Signage will be provided by the City but placed on
the property by the owner as a part of the Board up process • The cost of the sign will be passed on the owner (Estimated cost $35.00) It is anticipated that this initiative will be
kicked off with a citywide education campaign. Administrative Cost Estimate: • Initial Signage Purchase: $ 3,500.00 • Education Campaign: $ 3,000.00 Estimated Cost: $ 6,500.00 Proposed
Action: Councilwoman Barbara Watson is proposing that the City Council adopts the attached resolution creating the vacant/abandoned property watch list program. Attachment: None Page
129 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE VACANT/ABANDONED
PROPERTY WATCH LIST PROGRAM; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Councilwoman Barbara Watson
is proposing a Program for vacant/abandoned properties within the City of Miami Gardens, and WHEREAS, in accordance with the Program, the City will compile a list of those homes that
have been identified by the City’s Code Compliance Division as being abandoned/vacant, and WHEREAS, the list will identify which parties live in and/or own these abandoned/vacant properties
and the same will be provided to the Police Department in the event of a “call for service,” and WHEREAS, in accordance with the Program, Code Compliance Officers will be able to identify
an abandoned/vacant property requiring board-up, will write a violation and provide an opportunity for the owner to provide information as to who is responsible for the property, and
WHEREAS, in accordance with the Program, the City will require that signage be placed on the properties that have been identified and Code Compliance Officers will provide written notice
to the property owners of the properties that immediately surround the subject property, and WHEREAS, it is estimated that the cost to implement the Program will be Six Thousand, Five
Hundred Dollars ($6,500.00), 1 Page 130 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 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. CREATION OF PROGRAM: The City Council of the City of Miami Gardens hereby creates the Vacant/Abandoned Property Watch List Program. The City Manager is directed
to implement the Program as outlined herein. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 9, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR,
MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILWOMAN BARBARA WATSON 2 Page 131 of 162
3 1 2 3 4 5 6 7 MOVED BY:_____________________ VOTE: _____ 8 Mayor Shirley Gibson (Yes) ___(No) 9 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 10 Councilman Melvin L. Bratton (Yes) ___(No)
11 Councilman Oliver Gilbert, III (Yes) ___(No) 12 Councilwoman Barbara Watson (Yes) ___(No) 13 Councilwoman Sharon Pritchett (Yes) ___(No) 14 Councilman André Williams (Yes) ___(No)
15 16 17 Page 132 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Capital Proj Worects/Pu c ks bli Advertising Requirement: (Enter X in box) Yes
No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name City Manager Danny O. Crew Department: Public Works Short Title: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ACCEPTANCE OF A $168,880.00 GRANT BY THE MIAMI DADE COUNTY LANDSCAPE COMMITTEE TO LANDSCAPE ALONG NW 183RD STREET FROM NW 27 AVENUE
TO NW 47 AVENUE, AUTHORIZING A MATCH OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO EFFECTUATE THE RECEIPT OF THE GRANT FUNDS; PROVIDING FOR THE ADOPTION
OF REPRESENTATION; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The Miami‐Dade County Landscape Committee agreed to award the City of Miami Gardens $168,880 to assist with the Miami
Gardens Drive Landscaping Project ‐Phase 2, which spans from NW 27th Avenue to 47th Avenue. The Committee’s vote was unanimous and some committee members shared their delight in seeing
the beautiful transformation the City has made in such a short time. The City must approve a resolution accepting the funding prior to the Landscaping Committee taking their recommendation
before the Miami Dade County Board of Commissioners for final award to the City. This is a dollar‐for‐dollar matching grant; hence matching funds will come from the City’s Capital Projects
and Public Works budgets. Proposed Action: ITEM J-5) CONSENT AGENDA RESOLUTION Landscape Grant from Miami Dade County Page 133 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 That the City Council approve the attached resolution allowing the City Manager to accept the Miami‐Dade County
Landscape Committee grant for a total of $168,880. Attachment None Page 134 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE
CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO RECEIVE A GRANT FROM THE MIAMI-DADE COUNTY LANDSCAPE COMMITTEE IN THE AMOUNT OF ONE HUNDRED SIXTY-EIGHT THOUSAND, EIGHT HUNDRED
EIGHTY DOLLARS ($168,880.00), TO LANDSCAPE ALONG N.W. 183RD STREET FROM N.W. 27TH AVENUE TO N.W. 47TH AVENUE; AUTHORIZING A MATCH OF FUNDS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami-Dade County Landscape Committee has awarded the City of Miami Gardens One Hundred Sixty-Eight Thousand, Eight Hundred and Eighty Dollars
($168,800.00) to assist with the Miami Gardens Drive Landscaping Project – Phase 2, which will span from N.W. 27th Avenue to N.W. 47th Avenue, and WHEREAS, in order to accept the funding,
the City Council must approve a Resolution authorizing acceptance of the award, and WHEREAS, the City will be required to match the funds in the amount of One Hundred Sixty-Eight Thousand,
Eight Hundred and Eighty Dollars ($168,880.00) for this purpose, 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. 1 Page 135 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager to take any and all steps necessary in order to receive a grant from the Miami-Dade County Landscape Committee in the amount of One Hundred Sixty-Eight Thousand, Eight
Hundred Eighty Dollars ($168,800.00) to landscape along N.W. 183rd Street from N.W. 27th Avenue to N.W. 47th Avenue. The City Council further authorizes a match of funds in the amount
of One Hundred Sixty-Eight Thousand, Eight Hundred Eighty Dollars ($168,800.00) to be taken from the Capital Projects and Public Works budgets. Section 3. EFFECTIVE DATE: This Resolution
shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 9, 2010. ________________________________
_ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:_____________________ 2 Page 136 of 162
3 1 2 3 4 5 6 7 8 9 VOTE: _____ 10 Mayor Shirley Gibson (Yes) ___(No) 11 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 12 Councilman Melvin L. Bratton (Yes) ___(No) 13 Councilman Oliver
Gilbert, III (Yes) ___(No) 14 Councilwoman Barbara Watson (Yes) ___(No) 15 Councilwoman Sharon Pritchett (Yes) ___(No) 16 Councilman André Williams (Yes) ___(No) 17 18 19 Page 137 of
162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X
Public Hearing: Yes No Yes No X Funding Source: CDBGR Grant & CMG Stormwater Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910046 Bunche Park Area
Stormwater Drainage Project X Sponsor Name Dr. Danny Crew, City Manager Department: Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP., ATTACHED HERETO AS
EXHIBIT “A,” FOR STORMWATER DRAINAGE IMPROVEMENT PROJECT FOR THE BUNCHE PARK AREA, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-EIGHT THOUSAND, FIVE HUNDRED EIGHT DOLLARS ($168,508.00);
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: 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. The City of Miami Gardens was awarded $371,207 in CDBG-R Funds. I TEM J-6) CONSENT AGENDA RESOLUTION Agreement with Florida Engineering
and Development Corp. Page 138 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The City Council passed resolution number 2009-202-1148 on October 28, 2009 allocating $128,405 of CDBG-R funds
for survey, engineering design and construction of drainage improvements in the Bunche Park Neighborhood (NW 162 Street from NW 26 Avenue to NW 162 Street Road and NW 161 Street from
NW 26 Avenue to West Bunche Park Road). Additionally, as part of the project, $41,103 from city’s Stormwater funding will be used to re-surface the roads in the construction area. The
improvments include french drains, installation of catch basins and road re-surfacing in order to eliminate “ponding” and to afford better drainage. Specifications were prepared by URS
for the designated areas stated above. The bid #09-10-046 advertised on March 24, 2010. A broadcast notice was sent to 599 vendors. Fifty bid packages were requested. The bids were opened
on April 22, 2010. Twelve bids were received and publicity read. Only eight bids received were deemed responsive. Three bids had insufficient insurance coverage and one bid submitted
an expired contractors license. Bids were evaluated for compliance with the specifications and their ability to perform the work. The apparent low bidder is Florida Engineering and Development,
located in Hialeah Gardens, FL. Staff checked references of the apparent low bidder for past performaces, finances, and insurances. All of the references were very favorable, the finances
are satisfactory, and insurance is sufficient. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s Office for review. Proposed Action:
That City Council approve the attached resolution authorizing the City Manager to execute a contract with Florida Engineering and Development, located in Hialeah Gardens, Florida for
the Bunche Park Area Sormwater Drainage Project for an amount not to exceed $168,508. Attachment: Attachement A -Tabulation sheet Page 139 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP., ATTACHED HERETO AS EXHIBIT “A,” FOR STORMWATER
DRAINAGE IMPROVEMENT PROJECT FOR THE BUNCHE PARK AREA, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY-EIGHT THOUSAND, FIVE HUNDRED EIGHT DOLLARS ($168,508.00); PROVIDING FOR INSTRUCTIONS
TO THE CITY CLERK; 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”), and WHEREAS, under the Recovery Act, One Billion Dollars in Community Development Block Grant (“CDBG-R”) funds were appropriated by local governments to
carry out eligible activities, and WHEREAS, the City Council adopted Resolution No. 2009-202-1148 on October 28, 2009, allocating the sum of One Hundred Twenty-Eight Thousand, Four Hundred
Five Dollars ($128,405.00) in CDBG-R funds for surveying and engineering design and construction of drainage improvements in the Bunche Park Neighborhood, specifically, N.W. 162nd Street
from N.W. 27th Avenue to N.W. 162nd Street Road and N.W. 161st Street from N.W. 26th Avenue to West Bunch Park Road, and WHEREAS, the City has also allocated Forty-One Thousand, One
Hundred Three Dollars ($41,103.00) from the City’s stormwater funding for re-surfacing roads in this area, and 1 Page 140 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, improvements will include French drains, installation of catch basins and road re-surfacing, and WHEREAS, URS, the
City’s consultant, prepared specifications for bid #09-10-046, and WHEREAS, the respondents were evaluated for compliance, and the apparent low bidder is Florida Engineering and Development
Corp., and WHEREAS, City staff is recommending that the City Council authorize the City Manager to enter into an Agreement with Florida Engineering and Development Corp., 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 the City Clerk to execute and attest, respectively, that certain Agreement with Florida Engineering and Development Corp., attached hereto as Exhibit “A”, for Stormwater
Drainage Improvement Project for the Bunch Park area, in an amount not to exceed One Hundred Sixty-Eight Thousand, Five Hundred Eight Dollars ($168,508.00). Section 3. INSTRUCTIONS TO
THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the Agreement with Florida Engineering and Development Corp, with one (1) to be maintained
by the City, and one (1) to be delivered to Florida Engineering and Development Corp. 2 Page 141 of 162
3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 9, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: ______________________
___________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 32 Mayor Shirley
Gibson (Yes) ___(No) 33 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 34 Councilman Melvin L. Bratton (Yes) ___(No) 35 Councilman Oliver Gilbert, III (Yes) ___(No) 36 Councilwoman Barbara
Watson (Yes) ___(No) 37 Councilwoman Sharon Pritchett (Yes) ___(No) 38 Councilman André Williams (Yes) ___(No) 39 40 41 Page 142 of 162
ITB#09‐10‐046 Residential Bunche Park Area Stormwater Improvement Project April 22, 2010 @2:00 p.m. Tabulation Sheet Florida Engeering Williams Paving Morlic Eng. Corp Hialeah Gardens,
FL Medley, FL Doral, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond 10% Mobil/Demobil LS 1 $6,550.00 $6,550.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 MOT LS 1 $3,800.00 $3,800.00
$2,300.00 $2,300.00 $3,500.00 $3,500.00 Remov 6" thick SY 22.22 $4.00 $88.88 $30.00 $666.60 $10.00 $222.20 Remov Drivewy SY 11.11 $3.70 $41.11 $30.00 $333.30 $2.00 $22.22 Inlet Swale
36" EA 5 $1,220.00 $6,100.00 $1,700.00 $8,500.00 $1,200.00 $6,000.00 Inlet Swale 48" EA 5 $1,750.00 $8,750.00 $1,700.00 $8,500.00 $1,800.00 $9,000.00 Baffles EA 6 $136.00 $816.00 $222.00
$1,332.00 $180.00 $1,080.00 Flowable fill LS 10 $270.00 $2,700.00 $350.00 $3,500.00 $300.00 $3,000.00 Concrete Inlet LS 10 $125.00 $1,250.00 $700.00 $7,000.00 $300.00 $3,000.00 Core
& tie‐in EA 1 $425.00 $425.00 $600.00 $600.00 $750.00 $750.00 15" Storm sew LF 150 $38.00 $5,700.00 $65.00 $9,750.00 $40.00 $6,000.00 French Drain LF 590 $77.70 $45,843.00 $70.00 $41,300.00
$70.00 $41,300.00 Drain Trench LF 590 $1.00 $590.00 $1.00 $590.00 $4.00 $2,360.00 Regrade swale SY 65.56 $1.00 $65.56 $15.00 $983.40 $25.00 $1,639.00 Sod SY 65.56 $4.50 $295.02 $5.00
$327.80 $3.00 $196.68 Rdwy Excavate CY 40.12 $16.50 $661.98 $2.50 $100.30 $10.00 $401.20 Lime Rock Base SY 722.22 $12.15 $8,774.97 $10.00 $7,222.20 $9.50 $6,861.09 S‐1 Asphalt TON 356
$85.00 $30,260.00 $86.00 $30,616.00 $110.00 $39,160.00 Mill 1" SY 5600 $2.00 $11,200.00 $0.75 $4,200.00 $3.00 $16,800.00 Asphalt Drwy SY 133.33 $20.00 $2,666.60 $45.00 $5,999.85 $16.00
$2,133.28 Concrete Drwy SY 11.11 $50.00 $555.50 $125.00 $1,388.75 $36.00 $399.96 Stamp Drwy SY 11.11 $110.00 $1,222.10 $235.00 $2,610.85 $60.00 $666.60 Remov 4" thick SY 361.11 $2.40
$866.66 $7.50 $2,708.33 $10.00 $3,611.10 Sidewalk 4" SY 361.11 $22.50 $8,124.98 $32.00 $11,555.52 $27.00 $9,749.97 Clean Structure EA 4 $120.00 $480.00 $150.00 $600.00 $200.00 $800.00
Clean Pipe LF 100 $5.00 $500.00 $2.50 $250.00 $4.00 $400.00 Remv Structure EA 2 $250.00 $500.00 $175.00 $350.00 $250.00 $500.00 Remv Pipe LF 30 $11.00 $330.00 $5.00 $150.00 $3.00 $90.00
Inlet Sw17x27 EA 5 $1,000.00 $5,000.00 $1,500.00 $7,500.00 $900.00 $4,500.00 Manhole EA 2 $1,800.00 $3,600.00 $1,700.00 $3,400.00 $2,000.00 $4,000.00 Structure 48" EA 2 $2,200.00 $4,400.00
$1,800.00 $3,600.00 $3,500.00 $7,000.00 French Dran18" LF 100 $63.50 $6,350.00 $70.00 $7,000.00 $60.00 $6,000.00 TOTAL $168,507.36 Coastal Contracting & Development ‐Non‐responsive ‐insufficient
insurance ‐did not meet min. Kailas Corp. ‐Non‐responsive ‐insufficient insurance ‐did not meet minimum requirements Rock Power Paving ‐Non‐responsive ‐contractor license expired ‐questionnaire
not submitted, other missing documents Governor Construction ‐Non‐responsive ‐insufficient insurance ‐did not meet minimum req. $186,143.30 yes yes yes $179,934.90 Page 143 of 162
ITB#09‐10‐046 Residential Bunche Park Area Stormwater Improvement Project April 22, 2010 @2:00 p.m. Tabulation Sheet Acosta Tractors Horizon Contractors JVA Engineering Hialeah Gardens,
FL Hialeah, FL Miami, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond yes Mobil/Demobil LS 1 $8,383.34 $8,383.34 $3,000.00 $3,000.00 $15,114.36 $15,114.36 MOT LS 1 $2,416.67
$2,416.67 $3,900.00 $3,900.00 $6,000.00 $6,000.00 Remov 6" thick SY 22.22 $16.50 $366.63 $11.00 $244.42 $9.00 $199.98 Remov Drivewy SY 11.11 $11.12 $123.54 $11.00 $122.21 $9.00 $99.99
Inlet Swale 36" EA 5 $1,569.58 $7,847.90 $1,575.00 $7,875.00 $1,600.00 $8,000.00 Inlet Swale 48" EA 5 $1,973.59 $9,867.95 $2,300.00 $11,500.00 $2,100.00 $10,500.00 Baffles EA 6 $173.26
$1,039.56 $285.00 $1,710.00 $225.00 $1,350.00 Flowable fill LS 10 $593.34 $5,933.40 $425.00 $4,250.00 $4,000.00 $40,000.00 Concrete Inlet LS 10 $559.45 $5,594.50 $455.00 $4,550.00 $4,000.00
$40,000.00 Core & tie‐in EA 1 $672.23 $672.23 $720.00 $720.00 $800.00 $800.00 15" Storm sew LF 150 $41.24 $6,186.00 $69.00 $10,350.00 $98.00 $14,700.00 French Drain LF 590 $56.28 $33,205.20
$64.00 $37,760.00 $98.00 $57,820.00 Drain Trench LF 590 $2.84 $1,675.60 $1.00 $590.00 $8.00 $4,720.00 Regrade swale SY 65.56 $5.00 $327.80 $5.00 $327.80 $18.00 $1,180.08 Sod SY 65.56
$14.20 $930.95 $3.25 $213.07 $18.00 $1,180.08 Rdwy Excavate CY 40.12 $66.14 $2,653.54 $7.00 $280.84 $15.00 $601.80 Lime Rock Base SY 722.22 $12.66 $9,143.31 $12.00 $8,666.64 $13.05 $9,424.97
S‐1 Asphalt TON 356 $109.30 $38,910.80 $119.00 $42,364.00 $128.00 $45,568.00 Mill 1" SY 5600 $1.12 $6,272.00 $2.50 $14,000.00 $3.00 $16,800.00 Asphalt Drwy SY 133.33 $33.56 $4,474.55
$29.00 $3,866.57 $31.50 $4,199.90 Concrete Drwy SY 11.11 $56.50 $627.72 $43.00 $477.73 $45.00 $499.95 Stamp Drwy SY 11.11 $171.50 $1,905.37 $96.00 $1,066.56 $72.00 $799.92 Remov 4" thick
SY 361.11 $10.00 $3,611.10 $5.00 $1,805.55 $9.00 $3,249.99 Sidewalk 4" SY 361.11 $30.50 $11,013.86 $27.00 $9,749.97 $40.50 $14,624.96 Clean Structure EA 4 $186.39 $745.56 $195.00 $780.00
$150.00 $600.00 Clean Pipe LF 100 $8.89 $889.00 $6.00 $600.00 $8.00 $800.00 Remv Structure EA 2 $666.67 $1,333.34 $290.00 $580.00 $250.00 $500.00 Remv Pipe LF 30 $11.12 $333.60 $14.00
$420.00 $25.00 $750.00 Inlet Sw17x27 EA 5 $1,360.34 $6,801.70 $1,125.00 $5,625.00 $1,500.00 $7,500.00 Manhole EA 2 $2,484.85 $4,969.70 $2,425.00 $4,850.00 $2,400.00 $4,800.00 Structure
48" EA 2 $2,351.10 $4,702.20 $3,025.00 $6,050.00 $3,800.00 $7,600.00 French Dran18" LF 100 $55.06 $5,506.00 $60.00 $6,000.00 $96.00 $9,600.00 TOTAL $188,464.61 $194,295.36 $329,583.97
yes yes Page 144 of 162
ITB#09‐10‐046 Residential Bunche Park Area Stormwater Improvement Project April 22, 2010 @2:00 p.m. Tabulation Sheet Miguel Lopez Jr. Inc Stanford Construct. Medley, FL Pompano Bch,
FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond Mobil/Demobil LS 1 $6,015.00 $6,015.00 $6,800.00 $6,800.00 MOT LS 1 $3,500.00 $3,500.00 $5,000.00 $5,000.00 Remov 6" thick SY
22.22 $36.00 $799.92 $18.00 $399.96 Remov Drivewy SY 11.11 $40.50 $449.96 $25.00 $277.75 Inlet Swale 36" EA 5 $1,200.00 $6,000.00 $2,300.00 $11,500.00 Inlet Swale 48" EA 5 $1,500.00
$7,500.00 $3,750.00 $18,750.00 Baffles EA 6 $240.00 $1,440.00 $562.00 $3,372.00 Flowable fill LS 10 $6,000.00 $60,000.00 $2,500.00 $25,000.00 Concrete Inlet LS 10 $4,500.00 $45,000.00
$3,206.00 $32,060.00 Core & tie‐in EA 1 $500.00 $500.00 $450.00 $450.00 15" Storm sew LF 150 $50.00 $7,500.00 $56.25 $8,437.50 French Drain LF 590 $110.00 $64,900.00 $45.00 $26,550.00
Drain Trench LF 590 $5.00 $2,950.00 $2.50 $1,475.00 Regrade swale SY 65.56 $8.00 $524.48 $12.00 $786.72 Sod SY 65.56 $5.60 $367.14 $4.50 $295.02 Rdwy Excavate CY 40.12 $10.00 $401.20
$15.00 $601.80 Lime Rock Base SY 722.22 $14.50 $10,472.19 $12.00 $8,666.64 S‐1 Asphalt TON 356 $160.00 $56,960.00 $90.00 $32,040.00 Mill 1" SY 5600 $2.20 $12,320.00 $1.50 $8,400.00 Asphalt
Drwy SY 133.33 $15.50 $2,066.62 $19.00 $2,533.27 Concrete Drwy SY 11.11 $60.00 $666.60 $65.00 $722.15 Stamp Drwy SY 11.11 $200.00 $2,222.00 $80.00 $888.80 Remov 4" thick SY 361.11 $9.00
$3,249.99 $3.50 $1,263.89 Sidewalk 4" SY 361.11 $36.00 $12,999.96 $27.00 $9,749.97 Clean Structure EA 4 $300.00 $1,200.00 $150.00 $600.00 Clean Pipe LF 100 $4.00 $400.00 $7.50 $750.00
Remv Structure EA 2 $560.00 $1,120.00 $250.00 $500.00 Remv Pipe LF 30 $5.00 $150.00 $10.00 $300.00 Inlet Sw17x27 EA 5 $750.00 $3,750.00 $2,500.00 $12,500.00 Manhole EA 2 $1,600.00 $3,200.00
$3,200.00 $6,400.00 Structure 48" EA 2 $1,400.00 $2,800.00 $3,500.00 $7,000.00 French Dran18" LF 100 $99.00 $9,900.00 $35.00 $3,500.00 TOTAL $237,570.47 This is only a tabulation of
prices submitted, and is not an indication of award $331,325.05 yes yes Page 145 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X
Public Hearing: Yes No Yes No X Funding Source: FDEP Stormwater Grant $100,000 Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910048
NW 175 Street/NW 12 Avenue Stormwater Drainage Project X Sponsor Name Dr. Danny Crew, City Manager Department: Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH ROCK POWER PAVING, INC., ATTACHED HERETO AS EXHIBIT “A,” FOR THE N.W. 175TH/N.W.
12TH AVENUE STORMWATER WATER DRAINAGE PROJECT, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND, NINE HUNDRED SEVEN DOLLARS ($100,907.00), INCLUDING A TEN PERCENT (10%) CONTINGENCY; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: The City of Miami Gardens received a grant totaling $100,000 from the Florida Department of Environmental
Protection for drainage improvements at NW 175 Street and NW 12 Avenue that includes French drains and installation of catch basins in order to eliminate “ponding” and to afford better
drainage. Specifications for the designated area stated above were prepared by Craven, Thompson and Associates, Bid #09-10-048, and advertised on April 7, 2010. A broadcast notice was
sent to vendors. Fifty-six bid packages were requested. The bids were opened on April 30, 2010. Thirteen bids were received and publicity read. Only ten bids received were deemed responsive.
Two bids had insufficient insurance coverage and one bid didn’t provide a bid bond in the required amount. ITEM J-7) CONSENT AGENDA RESOLUTION Agreement with Rock Power Paving Inc. Page
146 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Bids were evaluated for compliance with the specifications and their ability to perform the work. The apparent low
bidder is Rock Power Inc., located in Miami, FL. Staff checked references of the apparent low bidder for past performances, finances, and insurances. All of the references were very
favorable, the finances are satisfactory, and insurance is sufficient. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s office
for review. Proposed Action: That City Council approves the attached resolution allowing the City Manager to execute a contract with Rock Power, Inc, located in Miami, Florida for the
NW 175 Street/NW 12 Avenue Stormwater Drainage Project for an amount not to exceed $100,907, which includes 10% contingency for unforeseen conditions. Attachment: Attachment A -Tabulation
sheet Page 147 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THAT CERTAIN AGREEMENT WITH ROCK POWER PAVING, INC., ATTACHED HERETO AS EXHIBIT “A,” FOR THE N.W. 175TH/N.W. 12TH AVENUE STORMWATER WATER DRAINAGE PROJECT,
IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND, NINE HUNDRED SEVEN DOLLARS ($100,907.00), INCLUDING A TEN PERCENT (10%) CONTINGENCY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens received a grant in the amount of One Hundred Thousand Dollars ($100,000.00) from the Department of Environmental Protection for
drainage improvement at N.W. 175th Street and N.W. 12th Avenue, and WHEREAS, specifications for the repair were prepared by Craven Thompson & Associates, in accordance with Bid #09-10-048
and same was advertised on April 7, 2010, and WHEREAS, the apparent lowest responsive bidder is Rock Power Paving, Inc., and WHEREAS, City staff is recommending that City Council authorize
an Agreement with Rock Power Paving, Inc. for the completion of the Stormwater Drainage Project, 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. 1 Page 148 of 162
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes
the City Manager to execute that certain Agreement with Rock Power Paving, Inc., attached hereto as Exhibit “A,” for the N.W. 175th/N.W. 12th Avenue Stormwater Drainage Project, in an
amount not to exceed One Hundred Thousand, Nine Hundred Seven Dollars ($100,907.00). Said amount includes a ten percent (10) contingency. Section 3. EFFECTIVE DATE: This Resolution shall
take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JUNE 9, 2010. _________________________________
SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED
BY:_____________________ 2 Page 149 of 162
3 1 2 3 4 5 VOTE: _____ 6 Mayor Shirley Gibson (Yes) ___(No) 7 Vice Mayor Aaron Campbell, Jr. (Yes) ___(No) 8 Councilman Melvin L. Bratton (Yes) ___(No) 9 Councilman Oliver Gilbert,
III (Yes) ___(No) 10 Councilwoman Barbara Watson (Yes) ___(No) 11 Councilwoman Sharon Pritchett (Yes) ___(No) 12 Councilman André Williams (Yes) ___(No) 13 14 15 Page 150 of 162
PAVING $108,480.50 ITB#09‐10‐048 NW12th Avenue/NW 174th Street Drainage Improvements April 30, 2010 @2:00 p.m. Tabulation Sheet Rock Power Paving Quality Paving Corp Florida Engineering
KMC Corp Miami, FL Miami, FL* Hialeah Gardens,FL Pompano Bch, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond 10% yes yes yes yes General Req LS 1 $3,885.00 $3,885.00
$2,000.00 $2,000.00 $4,550.00 $4,550.00 $5,000.00 $5,000.00 MOT LS 1 $1,450.00 $1,450.00 $2,500.00 $2,500.00 $4,725.00 $4,725.00 $5,000.00 $5,000.00 DRAINAGE Rem&Dis Pipe LF 160 $7.00
$1,120.00 $3.00 $480.00 $7.00 $1,120.00 $5.00 $800.00 Rem&Dis Struct EA 2 $237.00 $474.00 $100.00 $200.00 $250.00 $500.00 $250.00 $500.00 15" RCP LF 612 $23.00 $14,076.00 $32.00 $19,584.00
$35.40 $21,664.80 $28.00 $17,136.00 15" RCP w/Exf LF 400 $95.00 $38,000.00 $74.00 $29,600.00 $92.70 $37,080.00 $95.00 $38,000.00 4' Basin EA 5 $2,000.00 $10,000.00 $1,900.00 $9,500.00
$1,650.00 $8,250.00 $2,200.00 $11,000.00 4' Manhole EA 1 $1,704.00 $1,704.00 $1,900.00 $1,900.00 $1,510.00 $1,510.00 $2,200.00 $2,200.00 Baffle EA 6 $125.00 $750.00 $150.00 $900.00 $186.50
$1,119.00 $400.00 $2,400.00 Storm Struct EA 2 $280.00 $560.00 $400.00 $800.00 $450.00 $900.00 $500.00 $1,000.00 Struct Clean EA 4 $105.00 $420.00 $120.00 $480.00 $120.00 $480.00 $350.00
$1,400.00 Pipe Clean LF 285 $2.10 $598.50 $4.00 $1,140.00 $3.50 $997.50 $5.00 $1,425.00 S‐1 Asphalt SY 1545 $6.30 $9,733.50 $5.55 $8,574.75 $6.50 $10,042.50 $7.50 $11,587.50 8" Limerock
SY 470 $8.00 $3,760.00 $18.00 $8,460.00 $12.00 $5,640.00 $8.50 $3,995.00 12" Subgrade SY 470 $1.05 $493.50 $5.00 $2,350.00 $7.50 $3,525.00 $2.00 $940.00 Rem&Dis 1" SY 1545 $1.82 $2,811.90
$1.00 $1,545.00 $1.50 $2,317.50 $1.00 $1,545.00 Rem&Dis 8" SY 430 $1.00 $430.00 $1.00 $430.00 $2.00 $860.00 $3.00 $1,290.00 Rem&Dis 12" SY 430 $1.00 $430.00 $1.00 $430.00 $4.00 $1,720.00
$3.00 $1,290.00 SIGN & MARK Stripe 12"White LF 50 $0.90 $45.00 $0.60 $30.00 $0.70 $35.00 $0.75 $37.50 Stripe 4" White LF 750 $0.32 $240.00 $0.40 $300.00 $0.30 $225.00 $0.50 $375.00 Stripe
24" White LF 50 $1.05 $52.50 $0.65 $32.50 $1.50 $75.00 $1.50 $75.00 Stripe 8" White LF 430 $0.75 $322.50 $0.50 $215.00 $0.50 $215.00 $0.65 $279.50 Stripe 18" White LF 270 $0.95 $256.50
$0.60 $162.00 $1.00 $270.00 $1.50 $405.00 Messages EA 4 $30.00 $120.00 $100.00 $400.00 $40.00 $160.00 $200.00 $800.00 TOTAL $91,732.90 $92,013.25 $107,981.30 Page 151 of 162
PAVING $132,857.65 ITB#09‐10‐048 NW12th Avenue/NW 174th Street Drainage Improvements April 30, 2010 @2:00 p.m. Tabulation Sheet Horizon Contractors JVA Engingeering Straightline Engineering
Willaims Paving Co. Hialeah, FL Miami, FL Miami Gardens, FL Medley, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond 10% yes yes yes yes General Req LS 1 $6,000.00
$6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 $4,500.00 $4,500.00 MOT LS 1 $6,000.00 $6,000.00 $6,500.00 $6,500.00 $1,500.00 $1,500.00 $6,500.00 $6,500.00 DRAINAGE Rem&Dis Pipe LF
160 $11.00 $1,760.00 $15.00 $2,400.00 $5.00 $800.00 $10.00 $1,600.00 Rem&Dis Struct EA 2 $350.00 $700.00 $200.00 $400.00 $200.00 $400.00 $400.00 $800.00 15" RCP LF 612 $35.00 $21,420.00
$44.00 $26,928.00 $60.00 $36,720.00 $45.00 $27,540.00 15" RCP w/Exf LF 400 $90.00 $36,000.00 $95.00 $38,000.00 $90.00 $36,000.00 $125.00 $50,000.00 4' Basin EA 5 $2,400.00 $12,000.00
$2,100.00 $10,500.00 $1,900.00 $9,500.00 $2,000.00 $10,000.00 4' Manhole EA 1 $2,400.00 $2,400.00 $2,250.00 $2,250.00 $3,000.00 $3,000.00 $1,800.00 $1,800.00 Baffle EA 6 $400.00 $2,400.00
$295.00 $1,770.00 $200.00 $1,200.00 $175.00 $1,050.00 Storm Struct EA 2 $400.00 $800.00 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $600.00 $1,200.00 Struct Clean EA 4 $190.00 $760.00 $200.00
$800.00 $200.00 $800.00 $150.00 $600.00 Pipe Clean LF 285 $5.00 $1,425.00 $8.00 $2,280.00 $4.00 $1,140.00 $2.75 $783.75 S‐1 Asphalt SY 1545 $7.00 $10,815.00 $8.10 $12,514.50 $10.00 $15,450.00
$6.00 $9,270.00 8" Limerock SY 470 $12.00 $5,640.00 $13.50 $6,345.00 $10.00 $4,700.00 $16.00 $7,520.00 12" Subgrade SY 470 $3.00 $1,410.00 $2.25 $1,057.50 $5.00 $2,350.00 $4.50 $2,115.00
Rem&Dis 1" SY 1545 $1.00 $1,545.00 $4.50 $6,952.50 $2.00 $3,090.00 $2.50 $3,862.50 Rem&Dis 8" SY 430 $1.00 $430.00 $4.50 $1,935.00 $2.00 $860.00 $2.00 $860.00 Rem&Dis 12" SY 430 $1.00
$430.00 $1.80 $774.00 $2.00 $860.00 $2.00 $860.00 SIGN & MARK Stripe 12"White LF 50 $2.00 $100.00 $2.00 $100.00 $3.00 $150.00 $1.40 $70.00 Stripe 4" White LF 750 $0.50 $375.00 $0.60
$450.00 $2.00 $1,500.00 $0.60 $450.00 Stripe 24" White LF 50 $3.00 $150.00 $4.00 $200.00 $3.00 $150.00 $3.20 $160.00 Stripe 8" White LF 430 $1.00 $430.00 $1.00 $430.00 $2.00 $860.00
$1.00 $430.00 Stripe 18" White LF 270 $2.00 $540.00 $3.00 $810.00 $3.00 $810.00 $1.80 $486.00 Messages EA 4 $70.00 $280.00 $100.00 $400.00 $250.00 $1,000.00 $100.10 $400.40 TOTAL $113,810.00
$131,796.50 $130,840.00 Page 152 of 162
non‐responsive PAVING ITB#09‐10‐048 NW12th Avenue/NW 174th Street Drainage Improvements April 30, 2010 @2:00 p.m. Tabulation Sheet Acosta Tractors Metro Express Inc This is only a tabulation
of prices submitted, Hialeah Gardens, FL Medley, FL and is not an indication of award Item UOM Qty $UOM TOTAL $UOM TOTAL Bid Bond 10% yes yes Bids submitted General Req LS 1 $11,650.00
$11,650.00 $4,000.00 $4,000.00 Insurance coverage as follows: MOT LS 1 $1,175.00 $1,175.00 $3,000.00 $3,000.00 Kkailas Corp; Governor Construction DRAINAGE Bids submitted non‐responsive‐bid
bond: Rem&Dis Pipe LF 160 $5.56 $889.60 $10.00 $1,600.00 GPE Engineering Rem&Dis Struct EA 2 $500.00 $1,000.00 $100.00 $200.00 15" RCP LF 612 $44.53 $27,252.36 $70.00 $42,840.00 15"
RCP w/Exf LF 400 $107.67 $43,068.00 $90.00 $36,000.00 4' Basin EA 5 $2,378.67 $11,893.35 $3,500.00 $17,500.00 4' Manhole EA 1 $2,263.34 $2,263.34 $3,900.00 $3,900.00 Baffle EA 6 $216.06
$1,296.36 $300.00 $1,800.00 Storm Struct EA 2 $166.67 $333.34 $500.00 $1,000.00 Struct Clean EA 4 $186.39 $745.56 $150.00 $600.00 Pipe Clean LF 285 $3.34 $951.90 $6.00 $1,710.00 S‐1
Asphalt SY 1545 $8.14 $12,576.30 $6.00 $9,270.00 8" Limerock SY 470 $8.13 $3,821.10 $9.00 $4,230.00 12" Subgrade SY 470 $4.78 $2,246.60 $8.00 $3,760.00 Rem&Dis 1" SY 1545 $3.07 $4,743.15
$2.00 $3,090.00 Rem&Dis 8" SY 430 $8.89 $3,822.70 $2.00 $860.00 Rem&Dis 12" SY 430 $8.89 $3,822.70 $3.00 $1,290.00 SIGN & MARK Stripe 12"White LF 50 $0.78 $39.00 $2.00 $100.00 Stripe
4" White LF 750 $0.28 $210.00 $0.50 $375.00 Stripe 24" White LF 50 $1.67 $83.50 $3.00 $150.00 Stripe 8" White LF 430 $0.39 $167.70 $1.90 $817.00 Stripe 18" White LF 270 $1.12 $302.40
$2.50 $675.00 Messages EA 4 $38.89 $155.56 $70.00 $280.00 TOTAL $134,509.52 $139,047.00 Page 153 of 162
This is only a tabulation of prices submitted, and is not an indication of award Page 154 of 162
City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 9, 2010 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: N/A 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 Councilman Oliver Gilbert III Department: Mayor and City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA ADOPTING A “HOMEOWNERS BILL OF RIGHTS” AS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. Summary: Councilman Gilbert is recommending that the City adopt a “Homeowners Bill of Rights.” According to statistics compiled by the University of Florida,
in 2009, the issuance of building permits was down by 55 percent statewide. However, the number of unlicensed contractor complaints rose by 12 percent. These statistics only address
the unlicensed contractor issue. However, the City has received numerous complaints regarding licensed contractors and design professionals who perform substandard work. These contractors
charge exorbitant fees and are slow to complete simple home improvement projects. Given the current economic climate, homeowners cannot afford to incur additional and unnecessary construction
costs. The Homeowners Bill of Rights will educate residents of their rights when hiring contractors and design professionals. The Homeowners Bill of Rights will also outline the rights
of residents when interacting with the City’s Building Services Division. The Building Services Division will distribute the Homeowners Bill of Rights to homeowners after the initial
submission of an application for a building permit. Additionally, the Bill of Rights will be prominently displayed in the lobby of the Building Services Division, on the City’s website
and published in The Community Newspapers. ITEM J-8) CONSENT AGENDA RESOLUTION Homeowners Bill of Rights Page 155 of 162
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Councilman Gilbert also proposes an incentive program for contractors and design professionals who submit exemplary
construction documents. Design professionals will be awarded a $50.00 rebate on permit fees if plans are approved, during the plan processing phase, with no more than two (2) rejections
over the course of three (3) or more submittals to the City’s Building Services Division. In addition, the design professionals will receive concierge service from the Building Services
Division, which will include an assigned point of contact and individualized routing of plan review, at no additional cost. Currently, a fee of $102.32 is assessed when plans are resubmitted
to the Building Services Division for a third review. If plans remain unsatisfactory and require a fourth review, the Building Services Division assesses a fee four times the original
amount. The rebate program will encourage contractors and design professionals to produce produce satisfactory plans from the onset of the construction plan processing phase. Section
10‐21 of the Miami‐Dade County Code of Ordinances authorizes municipalities, by way of Resolution, to enforce the County’s code regulating contractors. However, the City is preempted
from disciplining violators. Therefore, Councilman Gilbert recommends that the City Council direct the City Manager, or his designee, to report violators to the Miami‐Dade County Construction
Trades Qualifying Board (DCC) and the Florida Department of Business and Professional Regulation (DBPR) for discipline. DCC and DBPR currently maintain lists of unlicensed and disciplined
contractors and design professionals. The City’s Building Services Division will provide access to this list to empower residents with the tools needed to make educated business decisions.
Proposed Action: Councilman Oliver Gilbert recommends that the City Council approve this Resolution. Attachment: Attachment A : Homeowners Bill of Rights Page 156 of 162
RESOLUTION NO. 2010____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA ADOPTING A “HOMEOWNERS BILL OF RIGHTS” AS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING DIRECTIONS
TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has received numerous complaints from residents regarding contractors
who charge exorbitant fees and are slow to complete construction projects, and WHEREAS, such complaints are often made after the homeowner has spent thousands of dollars for simple home
improvements, and WHEREAS, homeowners are often mislead about the true costs associated with obtaining building permits, and WHEREAS, Councilman Gilbert would like to create a “Homeowners
Bill of Rights” to ensure that homeowners are aware of their rights and responsibilities when hiring contractors and design professionals, and WHEREAS, the Homeowners Bill of Rights
will require contractors and design professionals to keep residents informed of the building permitting process, and WHEREAS, Councilman Gilbert also proposes an incentive program whereby
contractors and design professionals will be awarded a rebate in the amount of Fifty Dollars ($50.00) when construction documents are approved with no more than two (2) rejections over
the course of three (3) or more submittals to the City’s Building Services Division, and WHEREAS, the rebate incentive will encourage contractors and design professionals to produce
satisfactory plans from the onset of the construction plan processing phase, and Page 157 of 162
2 WHEREAS, the awarded design professional will also receive concierge services from the Building Services Division, to include an assigned point of contact and individualized routing
of plan review at no additional cost, and WHEREAS, Councilman Gilbert also recommends that the City provide access to a list of contractors and design professionals who have been disciplined
by the Florida Department of Business and Professional Regulation and Miami-Dade County Construction Trades Qualifying Board, to empower residents with the tools needed to make educated
business decisions, 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 adopts the Homeowners Bill of Rights attached hereto as Exhibit “A”. The City Council of the City of Miami Gardens further directs the City Manager to do the following:
a) Award permit fee rebates in the amount of Fifty Dollars ($50.00) to contractors and design professionals when construction documents are approved with no more than two (2) rejections
over the course of three (3) or more submittals to the Building Services Division; b) Offer concierge services through the Building Services Division to include an assigned contact person
and individualized routing of plan reviews at no additional cost; c) Offer additional incentives as deemed necessary; d) Enforce Section 10-21 of the Miami-Dade County Code of Ordinances
regulating contractors, and report violations to the Miami-Dade County Page 158 of 162
3 Construction Trades Qualifying Board and the Florida Department of Professional and Business Regulation; and e) Provide access to the list of contractors disciplined by the Florida
Department of Professional and Business Regulation and the Miami-Dade County Construction Qualifying Board. 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 ________, 2010. ___________________________________ SHIRLEY GIBSON,
MAYOR ATTEST: _______________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: COUNCILMAN OLIVER GILBERT III Moved by:
__________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____(No) Vice Mayor Aaron Campbell ____ (Yes) ____(No) Councilman Melvin L. Bratton ____(Yes) ____(No) Councilman Oliver
Gilbert III ____ (Yes) ____(No) Councilman Andre’ Williams ____(Yes) ____(No) Councilwoman Sharon Pritchett ____ (Yes) ____(No) Councilwoman Barbara Watson ____ (Yes) ____(No) Page 159
of 162
4 Page 160 of 162
HOMEOWNERS BILL OF RIGHTS Homeowners shall be entitled to the following rights when interacting with the City of Miami Gardens Building Services Division: 1. The right to be notified
by the City of Miami Gardens Building Services Division if an application is incomplete and requires additional information. 2. The right to be notified by the City of Miami Gardens
Building Services Division immediately after the second denial of a plan and prior to the commencement of a third plan review. 3. The right to contact the City of Miami Gardens Building
Services Division with questions or concerns regarding plan review or inspections. 4. The right to an expeditious and courteous response from the City of Miami Gardens Building Services
Division. 5. The right to be notified by the City of Miami Gardens Building Services Division, once the Department is made aware of the discipline of a contractor or other design professional
by the State of Florida, Miami-Dade County or any other regulatory board, if the professional professional is attempting to pull a permit on behalf of the homeowner. 6. The right to
request that the City of Miami Gardens Building Services Division report contractor violations to the Florida Department of Professional Regulations and/or the Miami-Dade Qualifying
Trades Board or any other State or local regulatory agency. 7. The right to have residential permits issued within thirty (30) days of permit application submission, unless the plans
fail to comply with the Florida Building Code or other law enacted by the State of Florida, Miami-Dade County or the City of Miami Gardens. Homeowners shall be entitled to the following
rights when interacting with construction contractors and other design professionals, in accordance with Florida law: 8. The right to review and inspect all construction documents and
permit cards. 9. The right to verify required licenses of all contractors, subcontractors and design professionals issued by the State of Florida, Miami-Dade County or any other regulatory
agency. 1 Page 161 of 162
2 10. The right to verify current general liability, professional liability and worker’s compensation insurance for the contractor, sub-contractors and design professionals. 11. The
right to be notified by the contractor of the Florida Homeowner’s Construction Recovery Fund pursuant to Florida Statute 489.1425. 12. The right to have liens removed from the property
within 75 days of payment for construction services or supplies pursuant to Florida Statute 489.129. 13. The right to be notified by the contractor prior to the abandonment of a construction
project pursuant to Florida Statute 489.129. 14. The right to be refunded any excess funds within 30 days after the abandonment of a construction job pursuant to Florida Statute 489.129.
15. The right to pay the original contract price for a construction project as outlined in Florida Statute 489.129. 16. The right to approve any material changes to plans or specifications,
as defined by Florida Building Code and pursuant to Section 10-22 of the Miami-Dade County Code of Ordinances. 17. The right to be provided with a list and current contact information
for all subcontractors and materialmen involved in a construction project as outlined in Section 10-22 of the Miami-Dade County Code of Ordinances. Page 162 of 162