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HomeMy WebLinkAboutApril 22, 2015 City Council AgendaRegular City Council Agenda April 22, 2015 Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: April 22, 2015 18605 NW 27th Avenue Miami Gardens, Florida 33056 Next Regular Meeting Date: May 13, 2015 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Oliver Gilbert Vice Mayor Felicia Robinson Councilman Rodney Harris Councilwoman Lisa C. Davis Councilman David Williams Jr. Councilwoman Lillie Q. Odom Councilman Erhabor Ighodaro, Ph.D. City Manager Cameron Benson City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time 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 – April 8, 2015 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) City Manager – Skanska – Municipal Complex Construction Update (G) PUBLIC COMMENTS (2 minutes each) Page 1 of 134 Regular City Council Agenda April 22, 2015 Page 2 (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THAT THE CITY ATTORNEY AND CITY MANAGER TAKE ANY AND ALL STEPS NECESSARY TO DISSOLVE THE MIAMI GARDENS EXCELLENCE IN EDUCATION COUNCIL; PROVIDING FOR A TRANSFER OF FUNDS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR ROBINSON) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REQUESTING THAT THE U.S. SENATE AND U.S. HOUSE OF REPRESENTATIVES OPPOSE “FAST TRACK” LEGISLATION; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING COUNCILWOMAN LISA C. DAVIS’ ANNUAL MOTHER’S DAY EVENT; AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT ONE THOUSAND DOLLARS ($1,000.00) FROM THE CITY COUNCIL SPECIAL EVENT ACCOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING COUNCILWOMAN LISA C. DAVIS’ FATHER’S DAY EVENT; AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT ONE Page 2 of 134 Regular City Council Agenda April 22, 2015 Page 3 THOUSAND DOLLARS ($1,000.00) FROM THE CITY COUNCIL SPECIAL EVENT ACCOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, COMMEMORATING HAITIAN FLAG DAY ON MAY 18, 2015; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN IGHODARO) K-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 AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TRANSIT AGENCY (MDT) FOR THE INSTALLATION OF BUS BENCHES, LIGHTING, TRASH RECEPTACLES, AND SIDEWALK IMPROVEMENTS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT ”A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PURCHASE SALE AGREEMENT WITH ANSTON CAPITAL, INC. FOR THAT CERTAIN CITY OWNED PROPERTY LOCATED AT N.W. 191ST STREET AND 27TH AVENUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH SUBSEQUENT PURCHASERS AND TO BRING ANY SUBSEQUENT CONTRACT TO THE CITY COUNCIL FOR APPROVAL, IF NEGOTIATIONS FAIL WITH ANSTON CAPITAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THAT CERTAIN AGREEMENT WITH BMG MONEY, INC., TO AUTHORIZE LOANS FOR CITY EMPLOYEES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN Page 3 of 134 Regular City Council Agenda April 22, 2015 Page 4 EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S) None QUASI-JUDICIAL ZONING HEARINGS: (M) ORDINANCES ON FOR FIRST READING(S): None (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (O) RESOLUTION(S)/PUBLIC HEARING(S) None (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (S) 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. 2830, 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) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 4 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 22, 2015 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: Excellence in Education Council Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X Sponsor Name Felicia Robinson, Vice Mayor Department: City Manager Office of the Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THAT THE CITY ATTORNEY AND CITY MANAGER TAKE ANY AND ALL STEPS NECESSARY TO DISSOLVE THE MIAMI GARDENS EXCELLENCE IN EDUCATION COUNCIL; PROVIDING FOR A TRANSFER OF FUNDS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On February 24, 2010, the City Council authorized the City Manager and City Attorney to take all steps necessary to create the Miami Gardens Excellence in Education Council (“Education Council”) as a nonprofit organization. The Education Council was formed for the purpose of advancing educational and cultural opportunities in the City of Miami Gardens. Although, the Education Council operated for a Item K-1) Consent Agenda Resolution Dissolve/Excellence in Education Council Page 5 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 number of years, in recent months, the Education Council has not functioned due to a consistent inability to maintain a quorum by board members at scheduled meetings. Moreover, the State of Florida requires that certain reports be filed in order to continue successful operation of the Education Council as a nonprofit organization. Consequently, without a quorum, it becomes difficult to file these reports. Despite persistent efforts to convene the board members of the Education Council, all have been unsuccessful. Subsequently, said reports have not been filed with the proper state and federal agencies and have put the organization at great risk, in addition to becoming a potential liability to the City. Vice Mayor Felicia Robinson is recommending that the City Council dissolve the Education Council yet continue its stated mission through a partnership with The Parks and Recreation Department in the creation of the Positive Youth Development Program (PYDP). Upon dissolution of the Education Council, any funds previously held by the Education Council will be transferred to the City for to the operations of the PYDP. Proposed Action: That the City Council approves the attached Resolution. Attachment(s) Attachment (A) – Positive Youth Development Program Description Page 6 of 134 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, DIRECTING THAT THE CITY 4 ATTORNEY AND CITY MANAGER TAKE ANY AND ALL STEPS 5 NECESSARY TO DISSOLVE THE MIAMI GARDENS 6 EXCELLENCE IN EDUCATION COUNCIL; PROVIDING FOR A 7 TRANSFER OF FUNDS; PROVIDING FOR INSTRUCTIONS TO 8 THE CITY CLERK; PROVIDING FOR THE ADOPTION OF 9 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, on February 24, 2010, the City Council authorized the City Manager 12 and City Attorney to take all steps necessary to create the Miami Gardens Excellence in 13 Education Council (“Education Council”), and 14 WHEREAS, the Education Council was formed for the purpose of advancing 15 educational and cultural opportunities in the City of Miami Gardens, and 16 WHEREAS, the Education Council operated successfully for a number of years, 17 but in recent months, the Education Council has not operated because of the failure to 18 have a quorum present for meetings, and 19 WHEREAS, the State of Florida requires that certain reports be filed in order to 20 continue operation, but without a quorum, it becomes difficult to file these reports, and 21 WHEREAS, despite attempts to reconstitute the Education Council, these 22 attempts have not been successful, and 23 WHEREAS, Vice Mayor Felicia Robinson is recommending that the City Council 24 dissolve the Education Council and that the City continue the mission of the Education 25 Council, and 26 WHEREAS, upon dissolution of the Education Council, any funds held by the 27 Education Council must be distributed to a state or local government or to an exempt 28 organization, and 29 Page 7 of 134 2 WHEREAS, it is being recommended that the funds be distributed to the City of 30 Miami Gardens, to be used to for the creation of the Positive Youth Development 31 Program, 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 34 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 35 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 36 made a specific part of this Resolution. 37 Section 2: DIRECTION: The City Council of the City of Miami Gardens hereby 38 directs that the City Attorney and City Manager take any and all steps necessary to 39 dissolve the Miami Gardens Excellence in Education Council, and that funds being held 40 by the Miami Gardens Excellence in Education Council be transferred to the City of 41 Miami Gardens, to be used for the creation of the Positive Youth Development Program. 42 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 43 upon its final passage. 44 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 45 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 46 47 ___________________________________ 48 OLIVER GILBERT, III, MAYOR 49 50 51 52 ATTEST: 53 54 55 __________________________________ 56 RONETTA TAYLOR, MMC, CITY CLERK 57 58 59 Page 8 of 134 3 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 60 61 62 SPONSORED BY: VICE-MAYOR FELICIA ROBINSON 63 64 Moved by: __________________ 65 66 VOTE: _________ 67 68 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 69 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 70 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 71 Councilman David Williams Jr ____ (Yes) ____ (No) 72 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 73 Councilman Rodney Harris ____ (Yes) ____ (No) 74 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 75 76 Page 9 of 134 D P E T s b i D i m a p n y i a T b l ( A. Op e r a t i n Dep a r t m e n t N a m Pri m a r y C o n t a c t : Ema i l : Ss m i t h 3 @ B. Yo u t h T o The C i t y o f M i a m sum m e r o f 2 0 1 5 . bou n d a r i e s . T h e nc l u d i n g : d r u g s , Dep a r t m e n t o f C nc o m e o f $ 4 4 , 0 0 mid d l e , a n d 2 s e n are c o n s i d e r e d t o per s i s t e n t l o w p e nar r o w i n g o f p e r c you t h a r e r o u t i n e n t h e PY D P s u m m and M i a m i C a r o l C. Se r v i c e s The PY D P em b r a c beg i n s o n Ju n e 1 5 ea d e r s h i p , c i v i c (YL A ) . 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P a r t i c i p a n t s ek f o r a t o t a l o f s gn i s t h e i n c o r p o d w i t h o r g a n i z a t i o hes , m e n t o r s , a n d f i e l d t r i p s w i t h nat i o n s i n w h i c h d m e n t o r o p p o r t sig h t o n t h e i r p u pan t s ’ s e l f - w o r t h , ant s w i l l r e c e i v e d co n t i n u e t h e i r c % a t t e n d a n c e r a t e act o r s a s d e t e r m ibl e b y a d o n a t i oos i t i v e Y o u gr o u p s o f t e n ( 1 0 g t h e a w e s o m e f le c a r i n g f o r n a t wi l l p l a n a n d r e sev e n ( 7 ) s e r v i c e ra t i o n o f m e n t o r ons s u c h a s t h e 1 d s p e c i a l g u e s t . th e i r m e n t o r s t h t h e y i n t e r a c t w un i t i e s , p r e p a r i n rp o s e i n s c h o o l , s e l f - e s t e e m , a n a f i v e h u n d r e d d om m i t m e n t t o b e a n d a c t i v e l y p a min e d b y t h e p r o g on f r o m t h e d i s suth D e v e l o p 0) t h r o u g h o u t t h fee l i n g o f a l t r u i s tiv e p l a n t s , r e m o ese a r c h f i v e ( 5 ) d pr o j e c t s . rin g a n d t h e a v a i l 100 B l a c k M e n o f In a d d i t i o n t o p a to f a c i l i t a t e a s t r wit h o n e a n o t h e g p r o g r a m p a r t i c an d t h e i r c o m m d c a r e e r a s p i r a t i o dol l a r ( $ 5 0 0 ) s t i p bec o m i n g c i v i c m rt i c i p a t e i n e a c h gra m l o g i c m o d e l sol v e d E x c e l l e n c e pme n t P r o g r e s e v e n ( 7 ) w e e k sti c s e r v i c e , s t u d ovi n g e v a s i v e p l a day s p e r w e e k a t lab i l i t y o f p o s i t i v e f S o u t h F l o r i d a , a art n e r i n g w i t h t h e ron g e r b o n d . 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T h e PYDP w win g t h e s u m m e r P s u m m e r s e s s i o n an d p r o g r a m m i n ent i n t h e s u m m e mun i t y , h o m e s , a e r e c e i v i n g a m i n ve t h e s t i p e n d . mou n t o f t w e n t yking with the ogy, botany, y age youth in a service ven (7) week nd sororities h will attend traveled to will provide r recess with n to instill a g within the er portion of and schools. nimum of an The funding y-five dollars Pa g e 12 of 13 4 S L L C S a S O I a I c s Ser v i c e T a s k Lif e S k i l l s I n s t r u c t Lea d e r s h i p E d u c a Civ i c E n g a g e m e n t Ser v i c e L e a r n i n g / and c o m m u n i t y s Sou r c e : 2 0 1 5 C i t y o Out c o m e s nc r e a s e d k n o w l e abi l i t i e s , mp r o v e d d e c i s i o cop i n g a n d p r o b l e ski l l s tio n ati o n t E d u c a t i o n /Ci t y W o r k s – b e s ser v i c e . of M i a m i G a r d e n s P edg e , s k i l l s , on m a k i n g , em- s o l v i n g 20 1 5 P st p r a c t i c e p r o g r a Par k s a n d R e c r e a t i o 7 W e e k P o In d i c a t o r s Th i s 7 w e e k p r o de m o n s t r a t e t h pa r t i c i p a n t s w i l l in c r e a s e d a w a r e de m o c r a t i c p r o c an d l i f e s k i l l s . Th i s 7 w e e k p r o de m o n s t r a t e t h pa r t i c i p a n t s w i l los i t i v e Y o u 7 W e e k P o s i t i v e am t o i n c r e a s e c i v on – Po s i t i v e Y o u t h si t i v e Y o u t h D e v gr a m w i l l at 8 0 % o f l h a v e a n ene s s o f t h e ces s , l e a d e r s h i p , gr a m w i l l at 7 0 % o f l d i s p l a y uth D e v e l o p e Y o u t h D e v e l o p vic u n d e r s t a n d i n g h D e v e l o p m e n t P r o vel o p m e n t ( S u m m Da t a S o u r c e / Pr e a n d p o s t q qu a l i f i e d e v a l u Pr e a n d p o s t t e mo d e l pme n t P r o g r me n t L o g i c M o d # o 5 0 50 50 g 50 gr a m mer S e s s i o n ) O u t /Me a s u r e m e n t que s t i o n n a i r e s c r e uat o r . est b a s e d o n e v i dram el of P a r t i c i p a n t s 0 0 0 0 tco m e s T a b l e s To o l eat e d b y a den c e d b a s e d L S T Total # of un (days/Sessio 21 35 35 35 Data Colle Manageme Pre and pos during first program. T P r e a n d p o s during first program. nits serviced ons) ction & ent st test administer and last week of st test administer and last week of red the red the Pa g e 13 of 13 4 I s S Y a P a r s P B T 6 S mp r o v e d c u l t u r a sel f - e s t e e m a n d s Sou r c e : 2 0 1 5 C i t y o D. Se r v i c e T You t h e n r o l l e d i n aca d e m i c r e c o r d s Par t i c i p a n t s m u s t abl e t o d e m o n s t rec o m m e n d e d t h slo t s w i l l b e g i v e n PYD P w i l l c o n t i n u E. Se r v i c e L Bet t y T . F e r g u s o n The PY D P p o r t i o n 6:0 0 p . m . 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I t i s a n t i c i p a ks a n d R e c r e a t i o n gh F r i d a y f r o m 7 : 3st test administer and last week of termined by ge to enroll. ent/parent is e basis. It is ing program ated that the n. 30 a.m. – red the Pa g e 14 of 13 4 A c o A t o t a l o f t h r e e ( 3 con s i s t e n t w i t h i n of t h e C i t y o f M i a3) t e a m m e m b e r ndu s t r y s t a n d a r d ami G a r d e n s w i t h 20 1 5 P rs a r e r e q u i r e d t o s f o r p r o g r a m m i n h a l l a p p l i c a b l e k nos i t i v e Y o u o a d e q u a t e l y p r o g ng w i t h t h i s a g e g now l e d g e , s k i l l s , auth D e v e l o p gra m w i t h e n r o l l gro u p a c c o r d i n g abi l i t i e s , a n d e x p epme n t P r o g r ed y o u t h . T h i s s t to t h e C h i l d r e n T eri e n c e t o s u c c e sram ta f f i n g l e v e l p r o v Tru s t . P r o p o s e d ssf u l l y o p e r a t e t h vid e s a r a t i o o f 1 7 st a f f s a r e c u r r e n t e P Y D P 7:1, which is t employees Pa g e 15 of 13 4 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 22, 2014 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name Lisa C. Davis, Councilwoman Department:Office of the Mayor /City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REQUESTING THAT THE U.S. SENATE AND U.S. HOUSE OF REPRESENTATIVES OPPOSE “FAST TRACK” LEGISLATION; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The U.S. economy is still struggling to recover from the Great Recession. Millions of American’s workers are unemployed and underemployed, wages and consumer demand are far below where they should be, and inequality is at historic highs. Employment in manufacturing dropped by more than 4 million from 2000 to 2014. The growing trade deficits exacerbated by the North American Free Trade Agreement (NAFTA) displaced nearly 700,000 Item K-2) Consent Agenda Resolution Fast Track Legislation Page 16 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 jobs, and trade deficits with China since China’s accession to the World Trade Organizations have resulted in the loss of 3.2 million jobs, more than 2 million of them in manufacturing. Jobs lost due to trade devastate families and entire communities and permanently reduce lifetime earnings for hundreds of thousands of workers. The long decline of the American manufacturing base-exacerbated by bad trade policies that reward outsourcing has undermined our economic security and poses a direct threat to our national security as well as local economics. The off-shoring of manufacturing service jobs deprives local, state and federal governments of sorely needed revenues, jeopardizing the livelihoods of millions of federal, state, county and municipal employees and construction workers whose jobs depend upon infrastructure building, repair and maintenance. Under NAFTA style trade rules, the U.S. trade deficit has increased dramatically since 1993, the year before NAFTA went into effect to more than $476 billion in 2013. The disproportionate voice of powerful global corporations in the formation of U.S. “free trade” agreements has advanced an economic agenda that threatens democracy by imposing a constraint on the laws and rules that local, state and federal governments can implement without being the target of a trade law challenge. The working people of the United States cannot afford another trade agreement that hollows out our industrial base, drives down wages, and adds to our substantial trade deficit. Promoting economic growth with equity in the State of Florida, Miami-Dade County and the City of Miami Gardens requires an approach that reforms the entire trade negotiations process to ensure that voices of workers, farmers, small businesses, families and communities are heard and their interests are addressed. Traditional “fast-track” trade negotiating authority has effectively shut state and local government out of the process, limiting our ability to influence the discussion to ensure the State of Florida, Miami-Dade County and the City of Miami Gardens can participate in the benefits of trade. Traditional “fast-track” trade negotiating authority ensures that negotiations occur behind closed doors with minimal transparency, empowering the privileged lobbyists while ignoring traditional democratic, participatory rule and law-making processes. Traditional “fast-track” trade negotiating authority limits the opportunity for states and their citizens to correct shortcomings in the negotiation process by not making the text public until it is final and can no longer be improved. Traditional “fast-track” trade negotiating authority prohibits amendments to trade details and their underlying legislation and strictly limits the time allowed for congressional debate. Traditional “fast-track” trade negotiating authority hands too much power to the executive branch to negotiate any trade deal it wants, then require a yes-or-no vote on it within 90 days, with no ability to amend it or delay it. Traditional “fast-track” trade negotiating authority does not provide citizens with adequate time to read and form opinions about the typically thousand page trade deals before Congress is required to vote. The people of the State of Florida, Miami-Dade County and the City of Miami Gardens have the best chance to benefit from pending trade and investment agreements only if the process by which they are negotiated undergoes a transformation to make the process open, fair and inclusive. Proposed Action: Councilwoman Lisa C. Davis solicits the City Council support by adopting the attached Resolution calling upon its elected officials in the U.S. Senate and U.S. House of Representative to oppose “Fast Track” legislation that would keep trade policy-making behind closed doors and would otherwise fail to restructure the misguided and failed trade negotiating policies of the past. This resolution further calls Page 17 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 upon the U. S. Senate and U.S. House of Representatives to ensure that state and local elected officials have robust opportunities to participate in developing a new trade negotiating authority and to avoid mistakes of the past. Attachment: Page 18 of 134 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, REQUESTING THAT THE U.S. 4 SENATE AND U.S. HOUSE OF REPRESENTATIVES OPPOSE 5 “FAST TRACK” LEGISLATION; PROVIDING FOR 6 INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 7 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, millions of American’s workers are unemployed and underemployed, 11 and wages and consumer demand are far below where they should be, and inequality is 12 at historic highs, and 13 WHEREAS, employment in manufacturing dropped by more than 4 million from 14 2000 to 2014, and the growing trade deficits exacerbated by the North American Free 15 Trade Agreement (NAFTA) displaced nearly 700,000 jobs, and trade deficits with China 16 since China’s accession to the World Trade Organizations have resulted in the loss of 17 3.2 million jobs, more than 2 million of them in manufacturing, and 18 WHEREAS, the off-shoring of manufacturing service jobs deprives local, state 19 and federal governments of needed revenues, jeopardizing the livelihoods of millions of 20 federal, state, county and municipal employees and construction workers whose jobs 21 depend upon infrastructure building, repair and maintenance, and 22 WHEREAS, under NAFTA style trade rules, the U.S. trade deficit has increased 23 dramatically since 1993, the year before NAFTA went into effect to more than $476 24 billion in 2013, and 25 WHEREAS, traditional “fast-track” trade negotiating authority has effectively shut 26 state and local government out of the process, limiting their ability to influence the 27 discussion to ensure the State of Florida, Miami-Dade County and the City of Miami 28 Gardens can participate in the benefits of trade, and 29 Page 19 of 134 2 WHEREAS, traditional “fast-track” trade negotiating ensures that negotiations 30 occur behind closed doors with minimal transparency, empowering the privileged 31 lobbyists while ignoring traditional democratic, participatory rule and law-making 32 processes, limits the opportunity for states and their citizens to correct shortcomings in 33 the negotiation process by not making the text public until it is final and can no longer be 34 improved, and prohibits amendments to trade details and their underlying legislation 35 and strictly limits the time allowed for congressional debate, and 36 WHEREAS, traditional “fast-track” trade negotiating authority does not provide 37 citizens with adequate time to read and form opinions about the typically thousand page 38 trade deals before Congress is required to vote, and 39 WHEREAS, the State of Florida, Miami-Dade County and the City of Miami 40 Gardens have the best chance to benefit from pending trade and investment 41 agreements only if the process by which they are negotiated undergoes a 42 transformation to make the process open, fair and inclusive, and 43 WHEREAS, Councilwoman Lisa C. Davis solicits the City Council support by 44 adopting the attached Resolution calling upon its elected officials in the U.S. Senate and 45 U.S. House of Representativs to oppose “Fast Track” legislation, 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 47 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 48 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 49 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 50 made a specific part of this Resolution. 51 Page 20 of 134 3 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 52 hereby request that the U.S. Senate and U.S. House of Representative oppose “Fast 53 Track” legislation. 54 Section 3: DIRECTIONS TO THE CITY CLERK: The City Clerk is hereby 55 directed to send copies of this Resolution to Orrin Hatch, the President pro tempore of 56 the United States Senate and to the Speaker of the United States House, John 57 Boehner. 58 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 59 upon its final passage. 60 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 61 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 62 63 ___________________________________ 64 OLIVER GILBERT, III, MAYOR 65 66 67 ATTEST: 68 69 70 __________________________________ 71 RONETTA TAYLOR, MMC, CITY CLERK 72 73 74 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 75 76 SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 77 78 Moved by: __________________ 79 80 VOTE: _________ 81 82 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 83 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 84 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 85 Councilman David Williams Jr ____ (Yes) ____ (No) 86 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 87 Page 21 of 134 4 Councilman Rodney Harris ____ (Yes) ____ (No) 88 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 89 90 Page 22 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 22, 2015 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: Councilwoman Davis’ “Special Events Account” 01- 11-01-511-492-01, in the amount of $1,000.00 Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X Sponsor Name Lisa C. Davis, Council Member Department:Office of the Mayor/City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING COUNCILWOMAN LISA C. DAVIS’ ANNUAL MOTHER’S DAY EVENT; AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT ONE THOUSAND DOLLARS ($1,000.00) FROM THE CITY COUNCIL SPECIAL EVENT ACCOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Each year in recognition of Mother’s Day, Councilwoman Lisa C. Davis has sponsored an event honoring extraordinary women who have made exemplary contributions to their families and community. Item K-3) Consent Agenda Resolution Annual Mother's Day Event Page 23 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 Councilwoman Davis continues that tradition and will be acknowledging mothers, Wednesday, 13, 2015, City Council meeting. Funds for this event will be allocated from City Council Special Events Account No. 01-11-01-511-492-01. Fiscal Impact Currently this line item has a balance of $2,800 available for this appropriation. Proposed Action: That the City Council approve the attached Resolution. Attachment: Page 24 of 134 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING COUNCILWOMAN 4 LISA C. DAVIS’ ANNUAL MOTHER’S DAY EVENT; 5 AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE 6 AMOUNT ONE THOUSAND DOLLARS ($1,000.00) FROM THE 7 CITY COUNCIL SPECIAL EVENT ACCOUNT; PROVIDING FOR 8 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, each year in recognition of Mother’s Day, Councilwoman Lisa C. 12 Davis has sponsored an event honoring extraordinary women who have made 13 exemplary contributions to their families and community, and 14 WHEREAS, in honor of Mother’s Day, well deserving members of the community 15 will be honored for their outstanding service to the community and families, and 16 WHEREAS, in order to ensure the success of this year’s event, Councilwoman 17 Davis is requesting sponsorship in the amount of One Thousand Dollars ($1,000.00), to 18 be allocated from the City Council Special Event account, and 19 WHEREAS, Councilwoman Davis will be acknowledging mothers, Wednesday, 20 May 13, 2015, at the City Council meeting, 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25 made a specific part of this Resolution. 26 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27 hereby supports Councilwoman Lisa C. Davis’ Annual Mother’s Day Event. The City 28 Council further authorizes a sponsorship of the event in the amount One Thousand Five 29 Hundred Dollars ($1,000.00) from the City Council Special Event account. 30 Page 25 of 134 2 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 31 upon its final passage. 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 34 35 ___________________________________ 36 OLIVER GILBERT, III, MAYOR 37 38 39 40 ATTEST: 41 42 43 __________________________________ 44 RONETTA TAYLOR, MMC, CITY CLERK 45 46 47 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48 49 50 SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 51 52 Moved by: __________________ 53 54 VOTE: _________ 55 56 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 58 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59 Councilman David Williams Jr ____ (Yes) ____ (No) 60 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61 Councilman Rodney Harris ____ (Yes) ____ (No) 62 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63 64 Page 26 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 22, 2015 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: Councilwoman Davis’ “Special Events Account” 01- 11-01-511-492-01, in the amount of $1,000.00 Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X Sponsor Name Lisa C. Davis, Council Member Department:Office of the Mayor/City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING COUNCILWOMAN LISA C. DAVIS’ FATHER’S DAY EVENT; AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT ONE THOUSAND DOLLARS ($1,000.00) FROM THE CITY COUNCIL SPECIAL EVENT ACCOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: In honor of Father’s Day, Councilwoman Lisa C. Davis is recognizing several outstanding men from this community for exemplary contributions to their families and community. Item K-4) Consent Agenda Resolution Father's Day Event Page 27 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 This presentation will take place, at the Wednesday, June 10 2015, City Council meeting. Funds for this event will be allocated from City Council Special Events Account No. 01-11-01-511-492-01. Fiscal Impact This line item after the appropriation of Mother Day’s event will have a remaining balance of $1,800 available to be appropriated for this sponsorship. Proposed Action: That the City Council approve the attached Resolution. Attachment: Page 28 of 134 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING COUNCILWOMAN 4 LISA C. DAVIS’ FATHER’S DAY EVENT; AUTHORIZING A 5 SPONSORSHIP OF THE EVENT IN THE AMOUNT ONE 6 THOUSAND DOLLARS ($1,000.00) FROM THE CITY COUNCIL 7 SPECIAL EVENT ACCOUNT; PROVIDING FOR THE ADOPTION 8 OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 WHEREAS, Father’s Day is a celebration honoring fathers and celebrating 12 fatherhood, paternal bonds, and the influence of fathers in society, and 13 WHEREAS, in honor of Father’s Day, Councilwoman Lisa C. Davis is recognizing 14 several outstanding men from this community for exemplary contributions to their 15 families and community, and 16 WHEREAS, this presentation will take place on Wednesday, June 17, 2015, at 17 the City Council meeting, and 18 WHEREAS, funds for this event will be allocated from the City Council Special 19 Events account, 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 22 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 23 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 24 made a specific part of this Resolution. 25 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 26 hereby supports Councilwoman Lisa C. Davis’ Father’s Day Event. The City Council 27 further authorizes a sponsorship of the event in the amount One Thousand Dollars 28 ($1,000.00) from the City Council Special Event account. 29 Page 29 of 134 2 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 30 upon its final passage. 31 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 32 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 33 34 ___________________________________ 35 OLIVER GILBERT, III, MAYOR 36 37 38 39 ATTEST: 40 41 42 __________________________________ 43 RONETTA TAYLOR, MMC, CITY CLERK 44 45 46 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 47 48 49 SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 50 51 Moved by: __________________ 52 53 VOTE: _________ 54 55 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 56 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 57 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 58 Councilman David Williams Jr ____ (Yes) ____ (No) 59 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 60 Councilman Rodney Harris ____ (Yes) ____ (No) 61 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62 63 Page 30 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 22, 2015 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: Councilman Ighodaro’s Discretionary Account 01-11-01- 511-496 Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A Sponsor Name Erhabor Ighodaro, Councilman Department:Office of the Mayor/City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, COMMEMORATING HAITIAN FLAG DAY ON MAY 18, 2015; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Councilman Ighodaro understands the important role Haitian Americans have played and the positive contributions they make to our country and our community. In honor of Haitian Flag Day, Councilman Ighodaro is hosting an event, May 18, 2015, from 11:00 a.m. to 2:00 p.m., to honor those who have contributed greatly to the community. Item K-5) Consent Agenda Resolution Haitian Flag Day Page 31 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 The event is coinciding with Haitian Flag Day, which was created May 18, 1803. Haiti was the first Black republic in the World and the first country in the Western Hemisphere to abolish slavery completely. May 18th is observed as the creation of the Haitian flag in a town outside of Port-au-Prince called Arcahaie. In commemoration Haitians celebrate May 18th as a major national holiday to observe the ideals of unity, patriotism and freedom. The flag was sewn by Catherin Flon who was directed to use the colors of red and blue as stripes with a palm tree surrounded by the Phrygian cap of liberty, trophies as wells as a banner that is inscribed with the words ‘Through Unity There is Strength”. Every year in the United States Haitians around the country gather in recognition of this rich tradition to honor their heritage and legacy by wearing or waving the Haitian flag. Celebrations include music, dancing, speeches, food, and parades. Haitian Flag Day is important to Haitians all around the world including the diaspora and in south Florida. Proposed Action: RECOMMENDATION: That City Council approves the resolution as a tribute, learning and celebrating the generations of Haitian Americans, as well as Miami Gardens’ Haitian residents and employees who have positively influenced and enriched our nation and community. Haitian Flag Day will be commemorated with a celebration in Miami Gardens, May 18, 2015, at the City Hall Municipal Complex Courtyard. Funds for the event will be allocated from: 01-11-01-511-496. Attachment: Page 32 of 134 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, COMMEMORATING HAITIAN FLAG 4 DAY ON MAY 18, 2015; PROVIDING FOR THE ADOPTION OF 5 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 6 7 WHEREAS, in honor of Haitian Flag Day, Councilman Ighodaro is hosting an 8 event on May 18, 2015, to honor those who have contributed greatly to the community, 9 and 10 WHEREAS, the event is coinciding with Haitian Flag Day, which was created 11 May 18, 1803, and 12 WHEREAS, May 18th is observed as the creation of the Haitian Flag in a town 13 outside of Port-au-Prince called Arcahaie, and 14 WHEREAS, in commemoration Haitians celebrate May 18th as a major national 15 holiday to observe the ideals of unity, patriotism and freedom, and 16 WHEREAS, Haiti was the first Black republic in the world and the first country in 17 the Western Hemisphere to abolish slavery completely, and 18 WHEREAS, every year in the United States, Haitians around the country gather 19 in recognition of this rich tradition to honor their heritage and legacy by wearing or 20 waving the Haitian flag, and celebrating with music, dancing, speeches, food, and 21 parades, and 22 WHEREAS, Haitian Flag Day is important to Haitians all around the world 23 including the Diaspora and in South Florida, 24 WHEREAS, Councilman Ighodaro would like to acknowledge and support Haitian 25 Flag Day, 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 28 Page 33 of 134 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 29 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 30 made a specific part of this Resolution. 31 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 32 hereby commemorates Haitian Flag Day on May 18, 2015. 33 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 34 upon its final passage. 35 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 36 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 37 38 ___________________________________ 39 OLIVER GILBERT, III, MAYOR 40 41 42 43 ATTEST: 44 45 46 __________________________________ 47 RONETTA TAYLOR, MMC, CITY CLERK 48 49 50 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 51 52 53 SPONSORED BY: COUNCILMAN ERHABOR IGHODARO, PH.D. 54 55 Moved by: __________________ 56 57 VOTE: _________ 58 59 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 61 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 64 Councilman Rodney Harris ____ (Yes) ____ (No) 65 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 66 Page 34 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 22 , 2015 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: Public Works 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 Cameron Benson, City Manager Department:Public Works 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 AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY TRANSIT AGENCY (MDT) FOR THE INSTALLATION OF BUS BENCHES, LIGHTING, TRASH RECEPTACLES, AND SIDEWALK IMPROVEMENTS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT ”A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: On May 27, 2009 the City Council approved Resolution No.2009-103-1048 (Exhibit A), authorizing the City Manager and the City Attorney to negotiate and execute an interlocal agreement between Miami- Dade County Transit Agency (MDT) and the City of Miami Gardens for Federal funding pass-through arrangements with the American Recovery and Reinvestment Act (ARRA). The City of Miami Gardens was a sub-recipient of the aforementioned Federal funding to install bus benches, lighting, benches, trash receptacles, and sidewalk improvements. The total amount allocated to the City was $1,061,800. On April 20, 2010 the aforementioned interlocal agreement was executed (Exhibit B). Item K-6) Consent Agenda Resolution Amendment/Miami-Dade Transit Agreement Page 35 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 MDT completed the installation of 37 bus shelters in 2013, and they are scheduled to complete the installation of an additional four (4) bus shelters before the end of 2015. MDT has requested that the interlocal agreement be amended (Exhibit C) to include the bus shelter maintenance responsibilities assumed by the City. The City currently maintains the 37 bus shelters. It costs the City $60 per month to perform routine maintenance on each shelter. Unanticipated repairs are performed at an additional cost as per existing contract unit prices. The City’s Public Works department staff has negotiated the proposed amendment to the interlocal agreement, and the agreement reflects current maintenance activities that are performed by the department. Fiscal Impact Maintenance of the 37 bus shelters will continue to be funded through the use of the Citizens’ Independent Transportation Trust (CITT) funding. There are no changes anticipated on our maintenance practices as a result of the amendment to the interlocal agreement. The maintenance of the additional four (4) bus shelters proposed to be installed this year will be included under the current CITT funding. It will cost an additional $240 per month to maintain the four (4) new bus shelters, after installation is completed, plus any unanticipated repairs. This additional cost will also be funded from the CITT funding. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute, in its substantial form, the Amendment Number One to the Interlocal Agreement between Miami-Dade Transit Agency and the City of Miami Gardens for Federal Funding Pass-Through Arrangements with the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit Administration (FTA 5307) for the City to Install Bus Shelters, Lighting, Trash Receptacles and Sidewalk Improvements. Attachment: Exhibit A – Resolution No.2009-103-1048 Exhibit B – Interlocal Agreement Exhibit C – Interlocal Agreement – Proposed Amendment Number One Page 36 of 134 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE 4 CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT 5 CERTAIN AMENDMENT NUMBER ONE TO THE INTERLOCAL 6 AGREEMENT WITH MIAMI-DADE COUNTY TRANSIT AGENCY (MDT) 7 FOR THE INSTALLATION OF BUS BENCHES, LIGHTING, TRASH 8 RECEPTACLES, AND SIDEWALK IMPROVEMENTS, A COPY OF 9 WHICH IS ATTACHED HERETO AS EXHIBIT ”A”; PROVIDING FOR 10 INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 11 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 12 EFFECTIVE DATE. 13 14 WHEREAS, on May 27, 2009, the City Council adopted Resolution No.2009-103-15 1048, which authorized the City Manager and the City Attorney to negotiate and 16 execute an Interlocal Agreement with the Miami-Dade County Transit Agency (MDT) to 17 receive federal pass-through funding from the American Recovery and Reinvestment 18 Act (ARRA), and 19 WHEREAS, under the terms of the Interlocal Agreement, MDT installed bus 20 benches, lighting, trash receptacles, and sidewalk improvements, in the City, and 21 WHEREAS, MDT has completed the installation of thirty-seven (37) bus shelters 22 in 2013, and it is anticipated that MDT will install an additional four (4) bus shelters in 23 the City by the end of 2015, and 24 WHEREAS, the City and MDT desire to amend the Interlocal Agreement to 25 require the City to cover the cost of maintenance for the new four (4) new bus shelters, 26 and 27 WHEREAS, the maintenance will be funded through the Citizen’s Independent 28 Transportation Trust (CITT), 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 31 Page 37 of 134 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 32 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 33 made a specific part of this Resolution. 34 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 35 hereby authorizes the City Manager and the City Clerk to execute and attest, 36 respectively that certain Amendment Number One to the Interlocal Agreement with 37 Miami-Dade County Transit Agency (MDT) for the installation of bus benches, lighting, 38 trash receptacles, and sidewalk improvements, a copy of which is attached hereto as 39 Exhibit ”A”. 40 Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 41 authorized to obtain two (2) fully executed copies of the subject Agreement with one to 42 be maintained by the City, and one to be delivered to Miami-Dade County Transit 43 Agency (MDT). 44 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 45 upon its final passage. 46 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 47 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 48 49 ___________________________________ 50 OLIVER GILBERT, III, MAYOR 51 52 53 54 ATTEST: 55 56 57 __________________________________ 58 RONETTA TAYLOR, MMC, CITY CLERK 59 60 61 Page 38 of 134 3 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 62 63 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 64 65 Moved by: __________________ 66 67 VOTE: _________ 68 69 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 70 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 71 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 72 Councilman David Williams Jr ____ (Yes) ____ (No) 73 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 74 Councilman Rodney Harris ____ (Yes) ____ (No) 75 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 76 77 Page 39 of 134 EXHIBIT APage 40 of 134 EXHIBIT APage 41 of 134 EXHIBIT APage 42 of 134 EXHIBIT BPage 43 of 134 EXHIBIT BPage 44 of 134 EXHIBIT BPage 45 of 134 EXHIBIT BPage 46 of 134 EXHIBIT BPage 47 of 134 EXHIBIT BPage 48 of 134 EXHIBIT BPage 49 of 134 EXHIBIT BPage 50 of 134 EXHIBIT BPage 51 of 134 EXHIBIT BPage 52 of 134 EXHIBIT BPage 53 of 134 EXHIBIT BPage 54 of 134 EXHIBIT BPage 55 of 134 EXHIBIT BPage 56 of 134 EXHIBIT BPage 57 of 134 EXHIBIT BPage 58 of 134 EXHIBIT BPage 59 of 134 EXHIBIT BPage 60 of 134 EXHIBIT BPage 61 of 134 EXHIBIT BPage 62 of 134 EXHIBIT BPage 63 of 134 EXHIBIT BPage 64 of 134 EXHIBIT BPage 65 of 134 EXHIBIT BPage 66 of 134 EXHIBIT BPage 67 of 134 EXHIBIT BPage 68 of 134 EXHIBIT BPage 69 of 134 EXHIBIT BPage 70 of 134 EXHIBIT BPage 71 of 134 EXHIBIT BPage 72 of 134 EXHIBIT BPage 73 of 134 EXHIBIT BPage 74 of 134 EXHIBIT BPage 75 of 134 EXHIBIT BPage 76 of 134 EXHIBIT BPage 77 of 134 EXHIBIT BPage 78 of 134 Amendment Number One to the Interlocal Agreement Between Miami-Dade Transit and the City of Miami Gardens Page 1 of 9 Amendment Number One Interlocal Agreement between Miami-Dade Transit Agency and the City of Miami Gardens for Federal Funding Pass-Through Arrangements with the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit Administration (FTA 5307) for the City to Install Bus Shelters, Lighting, Trash Receptacles and Sidewalk Improvements This AMENDMENT NUMBER One, entered into this __________day of _______________ 20__, by and between CITY OF MIAMI GARDENS a municipal corporation of the State of Florida, hereinafter called the ‘CITY’, and Miami-Dade County, a political subdivision of the State of Florida, acting by and through Miami- Dade Transit (MDT), hereinafter called the ‘County’. RECITALS: WHEREAS, the CITY, and the COUNTY entered into an Interlocal Agreement for Federal Funding with the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the City to Install Bus Shelters, Lighting, Trash Receptacles and Sidewalk Improvements on December 3, 2010; hereinafter called the ‘Interlocal Agreement’; and WHEREAS, the parties wish to amend the Interlocal Agreement; and WHEREAS, at the CITY’s request, the COUNTY has assumed the construction of the Shelters at locations indicated in the attached Exhibit “A” which by referenced hereto shall become a part hereof in accordance with COUNTY CONTRACT NO. CICC7360-Plan RPQ #193823 and WHEREAS, the CITY, by Resolution No. _______________ dated ___________________, attached hereto as Exhibit ‘B’, which by reference hereto shall become a part hereof, desires to amend the Interlocal Agreement and authorizes its officers to do so, NOW, THEREFORE, the Interlocal Agreement is hereby amended as follows: 1. GENERAL a. Unless otherwise specified herein, the terms used in this AGREEMENT, shall be defined as provided in the “Interlocal Agreement Between Miami- Dade Transit Agency and the City of Miami Gardens for Federal Funding Pass-Through Arrangements with the American Recovery and Reinvestment Act (ARRA) of 2009 Federal Transit (FTA 5307) for the EXHIBIT CPage 79 of 134 Amendment Number One to the Interlocal Agreement Between Miami-Dade Transit and the City of Miami Gardens Page 2 of 9 City to Install Bus Shelters Lighting, Trash Receptacles and Sidewalk Improvements between the parties which enabled the ARRA funding of the construction of the new Bus Shelters which are to be maintained by CITY hereunder. b. Assignment The CITY and the COUNTY agree that, by executing this AGREEMENT, all maintenance responsibilities, pertaining to the Shelters at the following locations indicated in Exhibit “A” will be assigned to the CITY in perpetuity. CITY shall prepare a Maintenance Plan and submit such Plan to the COUNTY; such plan shall meet or exceed all Federal requirement pertaining bus shelter maintenance. c. County’s Representative The Miami-Dade County Transit Director or his or her designee shall be the County’s representative under this AGREEMENT with authority to exercise all duties and rights of the County herein. 2. CITY’S MAINTENANCE RESPONSIBILITIES The CITY shall be solely responsible for the maintenance and preservation of the BUS SHELTERS within the PROJECT LIMITS; and shall: a. Mow, cut and/or trim and edge the grass or turf in accordance with the latest edition of the State of Florida “Guide for Roadside Mowing”, as modified or amended from time to time and the latest edition of the “Maintenance Rating Program”, as modified or amended from time to time Provide maintenance enforcement and preservation of the bus shelters, as it may be applicable, in accordance with the requirements of Miami Gardens Code of Ordinances within the Project Limits; and shall: b. Empty adjacent Trash Containers and properly dispose of litter from adjacent roadway and swale. c. Wash and clean BUS SHELTERS and BUS SHELTER platforms on an as needed basis. EXHIBIT CPage 80 of 134 Amendment Number One to the Interlocal Agreement Between Miami-Dade Transit and the City of Miami Gardens Page 3 of 9 d. Properly remove and dispose of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. e. Maintain and make repair to concrete/asphalt surface to prevent safety hazards for those using or intending to use the BUS SHELTERS. f. Inspect for graffiti and immediately remove when discovered. g. Inspect, repair the BUS SHELTERS in accordance with the submitted maintenance plan. All maintenance reports and other document shall be made available to Miami-Dade Transit (MDT) upon request. The Report will include, but not be limited to, identifying the deficiencies found, the proposed corrective action, and a timeline to correct the deficiency The CITY shall not dispose of the BUS SHELTER(s) or any portion thereof without prior written approval from the COUNTY. The CITY agrees that this AGREEMENT is solely for the maintenance of the subject BUS SHELTERS and no other or incidental uses are contemplated or authorized. The CITY may be subject to periodic inspections by the COUNTY at County’s sole discretion. Such inspection findings will be shared with the CITY and shall be the basis of all decisions regarding agreement termination or modification. 3. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the COUNTY that the CITY responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the COUNTY may, at its option, issue a written notice, in care of the CITY MANAGER, to place the CITY on notice regarding its maintenance deficiencies. Thereafter, the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period, the COUNTY may, at its option, proceed as follows: EXHIBIT CPage 81 of 134 Amendment Number One to the Interlocal Agreement Between Miami-Dade Transit and the City of Miami Gardens Page 4 of 9 a. Maintain the and BUS SHELTERS or a part thereof, with COUNTY or contractor’s personnel and invoice the CITY for expenses incurred; or b. Terminate the Agreement in accordance with Section 5 of this Agreement and remove, by COUNTY or contractor’s personnel, all of the improvements, installed under this Agreement or any preceding agreements and charge the CITY the reasonable cost of such removal. Not withstanding any provision to the contrary if in the determination of the MDT Director or his or her designee the condition of the BUS SHELTERS poses a safety risk, MDT shall have the right, but not the obligation, to immediately repair and/or remove the shelter and bill the CITY for said expenses. 4. NOTICES All notices, requests, demands, consents, approvals, and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To the CITY City of Miami Gardens Attn: Town Manager City Hall 18605 NW 27th Avenue Miami Lakes, Florida 33056 To the COUNTY: Miami-Dade County, Transit Department Attn: Director or designee 701 NW 1st Court, 17th Floor Miami, Florida 33136 EXHIBIT CPage 82 of 134 Amendment Number One to the Interlocal Agreement Between Miami-Dade Transit and the City of Miami Gardens Page 5 of 9 5. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions:  a. By the COUNTY, if the CITY fails to perform its duties under Section 2, following thirty (30) days written notice. b. In accordance with section 287.058 (1) (c), Florida Statues, the COUNTY shall reserve the right to unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT which are subject to provisions of Chapter 119, or the Florida Statutes. c. Only if mutually agreed to by both parties with a six (6) month written notice. 6. TERMS a. The terms of this AGREEMENT shall only commence upon execution by all parties. This AGREEMENT shall continue in perpetuity or until termination as set forth in Section 5. b. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. c. This AGREEMENT is nontransferable and non-assignable in whole or in part without the prior written consent of the COUNTY. d. This AGREEMENT, regardless of where executed, shall be governed by and constructed in accordance with the laws of the State of Florida. EXHIBIT CPage 83 of 134 Amendment Number One to the Interlocal Agreement Between Miami-Dade Transit and the City of Miami Gardens Page 6 of 9 IN WITNESS WHEREOF, the parties have caused these presents to be executed by day and year first above written.  MIAMI-DADE COUNTY: CITY OF MIAMI GARDENS BY: _________________________ BY:___________________________ COUNTY Mayor or Designee Town Manager or Designee ATTEST: ___________________ (SEAL) ATTEST:_______________________ COUNTY Clerk CITY Clerk LEGAL REVIEW APPROVED as to form and legal sufficiency: BY: _______________________ COUNTY Attorney APPROVED as to form and legal sufficiency: BY: _______________________ CITY Attorney  EXHIBIT CPage 84 of 134 Amendment Number One to the Interlocal Agreement Between Miami-Dade Transit and the City of Miami Gardens Page 7 of 9 EXHIBIT ‘A’ PROJECT LIMITS Below are the BUS SHELTER locations to be maintained under this Amendment. Road: 1. NW 167 Street at NW 17th Avenue (EB – NS) ; 2. NW 2nd Avenue at NW 215th Street (SB – NS); 3. NW167 Street at NW 17th Avenue (WB – MB); 4. NW 2nd Avenue at NW 202nd Terrace (SB – NS); 5. NW 177 Street at West of 441 Avenue (WB – MB); 6. NW 177 Street at West of 441 (EB – MB); 7. NW 177 Street at NW 5th Avenue (EB – NS); 8. NW 177 Street at NW 5th Avenue (WB – NB); 9. NW 177 Street at NW 5th Avenue (WB – MB); 10. NW 177 Street at NW 7th Avenue (WB – NS); 11. NW 177th Street at NW 7th Avenue (EB – NS); 12. NW 7th Avenue at NW 183rd Street (NB – MB); 13. NW 7th Avenue at NW 183rd Street (NB – MB); 14. NW 175th Street at NW 27th Avenue (EB – MB); 15. NW 183 Street at NW 7th Avenue (WB – NS); 16. NW 183 Street at NW 23th Avenue (EB – NS); 17. NW 183 Street at NW 25th Court (EB – NS); 18. NW 22nd Avenue at NW 183 Street (SB – NS); 19. NW 12th Avenue at NW 195th Avenue (NB – MB); 20. NW 12th Avenue at NW 175th Street (NB – NS); 21. NW 12th Avenue at NW 195th Street (SB – NS); 22. NW 37th Avenue at NW 207th Street (SB – NS); 23. NW 37th Avenue at NW 191st Street (NB – MB); 24. NW 191st Street at NW 32nd Avenue (WB – NS); 25. NW 167th Street at NW 12th Avenue (WB – MB); 26. NW 12th Avenue at NW 193rd Street (NB – MB); 27. NW 12th Avenue at 195th Street (SB – NS); 28. NW 27th Avenue at NW 175th Street (SB – MB); 29. NW 199 Street at NW 32nd Avenue (EB – NS); 30. NW 199 Street at NW 29th Court (EB – NS); 31. NW 42nd Avenue at NW 165th Street (EB – NS); 32. NW 42nd Avenue at NW 159th Street (SB – NS); EXHIBIT CPage 85 of 134 Amendment Number One to the Interlocal Agreement Between Miami-Dade Transit and the City of Miami Gardens Page 8 of 9 33. NW 215 Street at NW 2nd Avenue (EB – NS); 34. NW 167 Street at NW 13th Avenue (EB – NS); 35. NW 207 Street at NW 27th Avenue (WB – MB); 36. NW 17th Avenue at 166th Street (SB – NS); 37. NW 2nd Avenue at NW 215th Street (NB – NS); Upcoming Bus Shelters - 2015 38. NW 17th Avenue at 166th Street (NB – NS); 39. NW 42nd Avenue at NW 157th Street (SB – NS); 40. NW 42nd Avenue at NW 157th Street (NB – NS); 41. NW 42nd Avenue at NW 157th Street (NB – NS); County: Miami-Dade EXHIBIT CPage 86 of 134 Counc Fiscal (Enter X Fundin Contra (Enter X Strate (Enter X Spons B cil Meeting D Impact: X in box) ng Source: act/P.O. Req X in box) gic Plan Rel X in box) or Name ackground Date: A Y N quired: Y lated Y C C A RESO GARDEN EXECUT ATTACH FOR THA 191ST S MANAGE TO BRIN FOR AP PROVIDI PROVIDI April 22, 2015 Yes No N/A Yes No X Yes No X ameron Ben ity Manager OLUTION O NS, FLOR E THAT ED HERET AT CERTA STREET A ER TO NEG NG ANY S PROVAL, NG FOR NG FOR A C 5 Item (En Ord (Ent X Pub (Ent Adv (Ent RFP Stra Enh Bus Pub Qua Qua Com nson, r Dep Sh OF THE C RIDA, AUT CERTAIN TO AS EX AIN CITY AND 27TH GOTIATE W SUBSEQUE IF NEGOT R THE AN EFFECT Staff City of M Agenda m Type: ter X in box) dinance Rea ter X in box) blic Hearing ter X in box) vertising Re ter X in box) P/RFQ/Bid ategic Plan P hance Organi s. & Economi blic Safety ality of Educa al. of Life & C mmuncation partment: hort Title: CITY COUN THORIZING PURCHA XHIBIT “A” OWNED P H AVENU WITH SUB ENT CONT TATIONS F ADOPTIO TIVE DATE f Summary Miami G a Cover Resolutio X ading: g: equirement #: Priority Area: izational c Dev ation City Image NCIL OF G THE C ASE AND ” WITH AN PROPERTY UE; AUTH BSEQUENT TRACT TO FAIL WITH ON OF E. y: Miam Gardens r Memo on Ordina 1st Rea Yes t:Yes N/A :Strategi specific obj City Ma THE CITY CITY MAN SALE A NSTON CA Y LOCATE HORIZING T PURCHA O THE CITY H ANSTON REPRESE 18605 NW 2 mi Gardens, Flo s ance ading 2 No Yes No c Plan Obj./S jective/strategy th anager Y OF MIAM NAGER T AGREEMEN APITAL, INC ED AT N.W THE CIT ASERS AN Y COUNC N CAPITA ENTATIONS 27th Avenue orida 33056 Other 2nd Reading s No Strategy: (list t his item will addr MI TO NT C. W. TY ND CIL AL; S; the ress) Item K-7) Consent Agenda Resolution Property NW 191st Street and 27th Avenue Page 87 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 In 2009, the City purchased approximately 40 acres of commercial property from Cornerstone Group LLC located at N. W. 191st Street and 27th Avenue. The City issued a taxable financing bond in the amount of $8.8 million for this purchase at an interest rate of 5.26% with a maturity date of August 1, 2014. On July 23, 2014, the City Council approved an extension of the financing bond with a maturity date of August 1, 2015. The balloon payment due on August 1, 2015 for the outstanding principal is approximately $7.5 million. Current The City Manager requested an appraisal on 35.668 acres be performed in December 2013. The Report submitted by Slack, Johnston, and Magenheimer, a Real Estate Appraiser, on January 4, 2014 indicated the appraised value of the property is $15,000,000. Resoultion 2014-108-2086 granted the City Manager authority to negotiate contracts for sale of the 35.668 acres. Currently, the City Manager has negotiated a Purchase Sale Agreement with Anston Capital, Inc. to purchase the property in the amount of $15,000,000. The City Manager is seeking authority from the Council to accept the contract with Anston Capital and negotiate with subsequent purchasers, if that fails. Fiscal Impact With the sale of this property, the City can pay off the current outstanding amount, reduce its annual debt service, and any additional amount from the sale will be added to the City’s fund balance. Proposed Action: The City Manager recommends the City Council adopt the attached resolution Attachments: Purchase Sale Agreement from Anston Capital Page 88 of 134 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO EXECUTE THAT CERTAIN PURCHASE AND 5 SALE AGREEMENT ATTACHED HERETO AS EXHIBIT “A” WITH 6 ANSTON CAPITAL, INC. FOR THAT CERTAIN CITY OWNED 7 PROPERTY LOCATED AT N.W. 191ST STREET AND 27TH 8 AVENUE; AUTHORIZING THE CITY MANAGER TO NEGOTIATE 9 WITH SUBSEQUENT PURCHASERS AND TO BRING ANY 10 SUBSEQUENT CONTRACT TO THE CITY COUNCIL FOR 11 APPROVAL, IF NEGOTATIONS FAIL WITH ANSTON CAPITAL; 12 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 13 PROVIDING FOR AN EFFECTIVE DATE. 14 15 WHEREAS, in 2009, the City purchased approximately 40 acres of commercial 16 property, which is located at N. W. 191st Street and 27th Avenue, and 17 WHEREAS, the City issued a taxable financing bond in the amount of $8.8 18 Million Dollars for this purchase at an interest rate of 5.26% with a maturity date of 19 August 1, 2014; and the balloon payment was originally due on August 1, 2014, and 20 WHEREAS, on July 23, 2014, the City Council approved an extension of the 21 financing bond with a maturity date of August 1, 2015, and the outstanding principal is 22 approximately 7.5 Million Dollars, and 23 WHEREAS, Anston Capital, Inc. desires to purchase the property for 24 $15,000,000.00, and 25 WHEREAS, the City Manager is seeking the authority to execute a Purchase 26 Sale Agreement with Anston Capital, Inc. for the sale of the property, and if negotiations 27 fail the City Manager seeks authorization to negotiate with subsequent purchasers, 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30 Page 89 of 134 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32 made a specific part of this Resolution. 33 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34 hereby authorizes the City Manager to execute that certain Purchase Sale Agreement 35 with Anston Capital, Inc., attached hereto as Exhibit “A” for that certain City owned 36 property located at N.W. 191st Street and 27th Avenue; and further authorizes the City 37 Manager to negotiate with subsequent purchasers and to bring any subsequent contract 38 to the City Council for approval, if negotiations fail with Anston Capital. 39 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 40 upon its final passage. 41 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 42 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 43 44 ___________________________________ 45 OLIVER GILBERT, III, MAYOR 46 47 48 49 ATTEST: 50 51 52 __________________________________ 53 RONETTA TAYLOR, MMC, CITY CLERK 54 55 56 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57 58 59 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 60 61 Moved by: __________________ 62 63 VOTE: _________ 64 Page 90 of 134 3 65 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 66 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 67 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 68 Councilman David Williams Jr ____ (Yes) ____ (No) 69 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 70 Councilman Rodney Harris ____ (Yes) ____ (No) 71 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 72 73 Page 91 of 134 Page 92 of 134 Page 93 of 134 Page 94 of 134 Page 95 of 134 Page 96 of 134 Page 97 of 134 Page 98 of 134 Page 99 of 134 Page 100 of 134 Page 101 of 134 Page 102 of 134 Page 103 of 134 Page 104 of 134 Page 105 of 134 Page 106 of 134 Page 107 of 134 Page 108 of 134 Page 109 of 134 Page 110 of 134 Page 111 of 134 Page 112 of 134 Page 113 of 134 Page 114 of 134 Page 115 of 134 Page 116 of 134 Page 117 of 134 Page 118 of 134 Page 119 of 134 Page 120 of 134 Page 121 of 134 Page 122 of 134 Page 123 of 134 Page 124 of 134 Page 125 of 134 Page 126 of 134 Page 127 of 134 Page 128 of 134 Page 129 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: April 22, 2015 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: NA Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: (Enter #) X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name Cameron Benson, City Manager Department:City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THAT CERTAIN AGREEMENT WITH BMG MONEY, INC., TO AUTHORIZE LOANS FOR CITY EMPLOYEES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Employees of the CMG are desirous of options to obtain short term loans for personal use. Previously the City permitted employees to cash out designated amounts of accumulated banked Personal Time Off (PTO) for personal use at the discretion of the City Manager. Due to budgetary constraints the City is unable to continue this practice. In an effort to provide Item K-8) Consent Agenda Resolution Agreement w/ BMG Money, Inc. Page 130 of 134 18605 NW 27th Avenue Miami Gardens, Florida 33056 employees with an alternative benefit option the City is proposing to contract with BMG Money, Inc., a licensed consumer finance lender. BMG Money has partnered with some of Florida's public, private and non-profit employers to offer a way for people with stable employment to access credit by focusing on employment based lending (Exhibit A). Current Situation Currently only CMG employees who have a 457 Deferred Compensation Account have the ability to withdraw monies for unforeseen emergencies. Analysis This is a voluntary option for CMG employees. Pursuant to the Agreement between BMG and CMG, BMG will enter into a Promissory Note with the employee and CMG will remit to BMG Money on a bi-weekly basis, funds deducted from employees’ wages. All documents and agreements, including those executed by any employee, are subject to disclosure to the extent required by Chapter 119 of the Florida statutes. Proposed Action: That Council authorizes the City Manager to negotiate and execute an agreement with BMG Money, Inc. in an effort to provide employees who wish to participate with an alternative benefit option to obtain a short term loan for personal use. Attachments: Exhibit A – BMG List of Program Employer Clients Page 131 of 134 RESOLUTION NO. 2015____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO NEGOTIATE AND EXECUTE THAT CERTAIN 5 AGREEMENT WITH BMG MONEY, INC., TO AUTHORIZE LOANS 6 FOR CITY EMPLOYEES; PROVIDING FOR THE ADOPTION OF 7 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the City is desirous of providing opportunities to City employees to 10 obtain short time loans for personal use, and 11 WHEREAS, as BMG Money, Inc., is a fully licensed consumer finance lender, 12 and 13 WHEREAS, BMG Money, Inc., has partnered with other Florida cities, nonprofit 14 entities and private entities to provide a process whereby employees can obtain a 15 private loan and enter into an Agreement with BMG Money, Inc., and 16 WHEREAS, applying for a loan is voluntary for employees, and 17 WHEREAS, employees will be required to execute documents directly with BMG 18 Money, Inc. for the loans, and will have to authorize the City do deduct money from their 19 wages/salaries and to remit money directly to BMG Money, Inc., and 20 WHEREAS, the City Manager is recommending that City enter into an 21 Agreement with BMG Money, Inc., for this purpose, 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26 made a specific part of this Resolution. 27 Page 132 of 134 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28 hereby authorizes the City Manager to negotiate and execute an Agreement with BMG 29 Money, Inc., to authorize loans for City employees. 30 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 31 upon its final passage. 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 34 35 ___________________________________ 36 OLIVER GILBERT, III, MAYOR 37 38 ATTEST: 39 40 41 __________________________________ 42 RONETTA TAYLOR, MMC, CITY CLERK 43 44 45 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 46 47 48 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 49 50 Moved by: __________________ 51 52 VOTE: _________ 53 54 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 56 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57 Councilman David Williams Jr ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59 Councilman Rodney Harris ____ (Yes) ____ (No) 60 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61 62 Page 133 of 134 Page 134 of 134