HomeMy WebLinkAboutApril 8, 2015 City Council AgendaRegular City Council Agenda
April 8, 2015 Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: April 8, 2015
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Next Regular Meeting Date: April 22, 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 – March 25, 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 Cameron Benson - TD Bank Presentation –Grant Award
(G) PUBLIC COMMENTS (2 minutes each)
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(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, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE MEMORANDUM
OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF
LAW ENFORCEMENT TO INDEPENDENTLY INVESTIGATE
DEADLY FORCE POLICE SHOOTINGS, INVOLVING MIAMI
GARDENS POLICE PERSONNEL, WHICH OCCUR WITHIN THE
CORPORATE LIMITS OF THE CITY OF MIAMI GARDENS, 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
MAYOR OLIVER GILBERT )
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO
REIMPLEMENT THE CITY OF MIAMI GARDENS HONORS
PROGRAM; AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH THE SOUTH FLORIDA
WORKFORCE INVESTMENT BOARD; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER
GILBERT)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, IMPLEMENTING FAMILY
NIGHT PARTNERSHIPS IN THE CITY OF MIAMI GARDENS;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
MAYOR OLIVER GILBERT)
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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Regular City Council Agenda
April 8, 2015 Page 3
MIAMI GARDENS, FLORIDA, CREATING THE “MAYOR
GILBERT CULTURAL PASSPORT PROGRAM”; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR
OLIVER GILBERT)
K-5) 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 FELICIA ROBINSON)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING RAISING
AWARENESS ABOUT HEALTH AND HEALTH CARE
DISPARITIES DURING THE MONTH OF APRIL, NATIONAL
MINORITY HEALTH MONTH; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA
C. DAVIS)
K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING SENATE BILL 378
AUTHORIZING LAW ENFORCEMENT OFFICERS TO ISSUE
CIVIL CITATIONS AND OPPORTUNITIES TO PARTICIPATE IN
DIVERSION PROGRAMS, IN LIEU OF ARRESTS TO
JUVENILES OFFENDERS OF MINOR CRIMES; 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-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING HOUSE BILL 855
AND SENATE BILL 1524, AUTHORIZING A STATE SEAL OF
BILITERACY FOR HIGH SCHOOL GRADUATES; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID
WILLIAMS JR.)
K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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Regular City Council Agenda
April 8, 2015 Page 4
MIAMI GARDENS, FLORIDA, MAKING THE “MIAMI
GARDENS EXPRESS” THE OFFICIAL NAME OF THE CITY OF
MIAMI GARDENS’ TROLLEY SYSTEM; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-10) 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 EXCLUSIVE
SPONSORSHIP AGREEMENT WITH NIKE, INC. FOR THE
CITY’S YOUTH FOOTBALL PROGRAM; 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-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA AWARDING A BID TO H & J
ASPHALT INC, IN THE AMOUNT OF NINE HUNDRED-FORTY
EIGHT THOUSAND FOUR HUNDRED FORTY-SEVEN AND 50
CENTS ($948,447.50), WHICH INCLUDES 10% CONTINGENCY
FOR THE COMPLETION OF THE ROAD MILLING AND
RESURFACING FROM NW 17 AVENUE TO NW 22 AVENUE
AND NW 155 STREET TO NW 167 STREET (BUNCHE PARK);
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)(SPONSORED BY THE CITY MANAGER)
K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RENEW THAT CERTAIN CONTRACT WITH
AIP-US, LLC, FOR AN ADDITIONAL ONE (1) YEAR PERIOD, IN
THE AMOUNT OF FIFTY-SEVEN THOUSAND, SEVENTY-FIVE
DOLLARS AND TWENTY CENTS ($57,075.20) FOR NETWORK
SECURITY; AUTHORIZING AN AUTOMATIC RENEWAL FOR
AN ADDITIONAL ONE (1) YEAR PERIOD; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(L) RESOLUTION(S)
L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING A RENEWAL OF
THE AGREEMENT WITH NATIONAL CORE SERVICES CORP.
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Regular City Council Agenda
April 8, 2015 Page 5
D/B/A GROUNDS GROUP LANDSCAPING FOR LANDSCAPE
MAINTENANCE SERVICES; AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER, IN AN AMOUNT
NOT TO EXCEED THE AMOUNT OF SIXTY THREE
THOUSAND, ONE HUNDRED FORTY-SIX DOLLARS
($63,146.00), FOR THIS PURPOSE; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
None
(N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S)
N-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION
SUBMITTED BY FLORIDA EDUCATION PROPERTIES
ROLLING OAKS, LLC. FOR THE PROPERTY LOCATED AT
18200 N.W. 22ND AVENUE, MORE PARTICULARLY DESCRIBED
ON EXHIBIT “A” ATTACHED HERETO, FROM R-1 SINGLE
FAMILY RESIDENTIAL TO NC, NEIGHBORHOOD
COMMERCIAL; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER) (1st Reading – March 25, 2015)
(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.
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Regular City Council Agenda
April 8, 2015 Page 6
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.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 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:
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
Communication
Strategic Plan Obj./Strategy:
Public Safety.
X
Sponsor Name
Oliver Gilbert III,
Mayor
Department:Police Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE A MEMORANDUM OF UNDERSTANDING
WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT TO
INDEPENDENTLY INVESTIGATE DEADLY FORCE POLICE
SHOOTINGS, INVOLVING MIAMI GARDENS POLICE PERSONNEL,
WHICH OCCUR WITHIN THE CORPORATE LIMITS OF THE CITY OF
MIAMI GARDENS, 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:
Background
Item K-1) Consent Agenda
Resolution
FDLE/Police Involved Shootings
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
The Florida Department of Law Enforcement (FDLE), as a State law enforcement agency, is
legally authorized to investigate the use of deadly or non-deadly force by a law enforcement
officer. The FDLE currently has existing Memorandums of Understanding with the Miami-Dade
Police Department and the Miami-Dade County State Attorney’s Office to investigate deadly
force police shootings.
When there are police involved shootings, independent review helps agencies build trust in the
communities they serve, especially during situations when deadly force is used by their
personnel. In the spirit of transparency, and as a way of implementing a key element of the
recommendations found in Interim Report of President Obama’s Task Force on 21st Century
Policing (Action Item 2.2.2 Attachment B), it is recommended that the Florida Department of
Law Enforcement investigate deadly force shooting incidents involving Miami Gardens Police
Department personnel, which occur within the corporate limits of the City of Miami Gardens.
This resolution would authorize the City Manager to enter into an agreement with the Florida
Department of Law Enforcement to investigate all police involved shootings involving Miami
Gardens Police Department personnel, which occur within the corporate limits of the City of
Miami Gardens.
Proposed Action:
That the City Council approves the attached Resolution.
Attachment:
Attachment A: Interim Report of the President’s Task Force on 21st Century Policing
Attachment C: FDLE Investigations of Non-FDLE Officer Involved Shooting Policy
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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 A MEMORANDUM 5
OF UNDERSTANDING WITH THE FLORIDA DEPARTMENT OF 6
LAW ENFORCEMENT (FDLE) TO INDEPENDENTLY 7
INVESTIGATE POLICE INVOLVED SHOOTINGS IN THE CITY OF 8
MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF 9
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, the Florida Department of Law Enforcement (FDLE) is authorized to 12
conduct independent investigations of the use of deadly and non-deadly force by law 13
enforcement officers, and 14
WHEREAS, the independent investigation and review of police shootings is 15
becoming an increasingly common practice in law enforcement, and has been found to 16
assist agencies with building trust in the communities that they serve, and 17
WHEREAS, City staff is recommending that the City Council authorize the City 18
Manager to negotiate and execute a Memorandum of Understanding with FDLE to 19
investigate police involved shootings involving the City’s Police Department, 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 authorizes the City Manager to negotiate and execute a Memorandum of 27
Understanding with the Florida Department of Law Enforcement (FDLE) to 28
independently investigate police involved shootings in the City of Miami Gardens. 29
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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: MAYOR OLIVER GILBERT 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
64
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 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:
General Fund/Other
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
Oliver Gilbert III,
Mayor
Department:Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE
ANY AND ALL STEPS NECESSARY TO REIMPLEMENT THE CITY OF
MIAMI GARDENS HONORS PROGRAM; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH THE SOUTH
FLORIDA WORKFORCE INVESTMENT BOARD; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
Staff Summary:
Background
In 2012, the City Council approved the implementation of a formal internship project whereby the City
Item K-2) Consent Agenda
Resolution
Honors Program
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
of Miami Gardens employed select students for the duration of one year (two concurrent 6-month
periods). The proposed legislation recommends that the City Manager reinstitute the “City of Miami
Gardens Honors Program,” (“Honors Program” or “Program”) in efforts to provide opportunities to the
next generation to enter the field of public service.
The Honors Program
The Honors Program purports to expose prospective participants to various career paths in the areas of
public administration and public service. Eligibility for the Program requires: (1) residency in the City of
Miami Gardens, and (2) matriculation through junior year in high school. High academic performance
and community service may serve as additional factors for selection. There are no age requirements;
however, no application shall be accepted from any individual that has completed more than two (2)
years of college. College credit earned while students are in high school shall not be considered for the
purpose of disqualifying applicants from the Honors Program. Prospective participants must complete
the application process and will be screened for eligibility by a committee to be comprised of the City
Manager, City Attorney, and City Clerk, or their designees.
With an eye toward shaping our future utilizing the talents of the youth of today, the Honors Program is
designed to provide insight and practical experience in the operations of municipal government. The
assigned tasks will offer exposure to pivotal administrative functions. During their tenure in the
Program, it is expected that interns will be transitioned through multiple City Departments providing for
the greatest exposure to a variety of professional responsibilities. For participants, the Program not only
engages students in the process of government, but also creates an in-road to future employment with
the City of Miami Gardens. Ideally, candidates selected for the Program will graduate from college, or
vocational training, and ultimately be considered for employment with the City. Participation in the
Honors Program does not guarantee future employment nor does it prevent the City Manager from
hiring other qualified interns that did not participate in the Program.
Funding
Pursuant to agreement, the City of Miami Gardens shall be reimbursed by the South Florida Workforce
Investment Board in an amount not to exceed $50,000.
Proposed Action:
Mayor Oliver Gilbert recommends that the City Council adopt the attached resolution.
Attachment:
None.
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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 TAKE ANY AND ALL STEPS NECESSARY TO 5
REIMPLEMENT THE CITY OF MIAMI GARDENS HONORS 6
PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE 7
AN AGREEMENT WITH THE SOUTH FLORIDA WORKFORCE 8
INVESTMENT BOARD; PROVIDING FOR THE ADOPTION OF 9
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 10
11
WHEREAS, in 2012, the City Council approved the implementation of the “City of 12
Miami Gardens Honors Program” (“Program”), and 13
WHEREAS, the Program allowed City of Miami Gardens youth to be employed by 14
the City for one year, and 15
WHEREAS, participants in the Miami Gardens Honors Program were residents 16
from the City of Miami Gardens, who matriculated through their junior year in high school, 17
and 18
WHEREAS, the purpose of the Program was to expose participants to various 19
career paths in public administration/service, and 20
WHEREAS, Mayor Oliver Gilbert is recommending that the City Council re-21
implement the Honor’s Program, and 22
WHEREAS, the program would not have an age limit requirement, however, 23
persons who have completed more than two (2) years of college would not be eligible, 24
unless such credits were earned while students are in high school, and 25
WHEREAS, funding for the Program will come from an Agreement between the 26
City and the South Florida Workforce Investment Board, 27
28
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2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 30
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 and directs the City Manager to take any and all steps necessary to 35
reimplement the City of Miami Gardens Honors Program in accordance with the 36
attached Agenda Cover Memorandum. The City Council further authorizes the City 37
Manager to enter into an Agreement with the South Florida Workforce Investment Board 38
for this purpose. 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: MAYOR OLIVER GILBERT III 60
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3
61
Moved by: __________________ 62
63
VOTE: _________ 64
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
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 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:
N/A
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
Oliver Gilbert III,
Mayor
Department:Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, IMPLEMENTING FAMILY NIGHT PARTNERSHIPS IN THE CITY OF
MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City of Miami Gardens, in partnership with local community-based organizations, will join efforts
and resources to create a series of family-oriented, community events under the title of “Family Night
Partnership.”
Item K-3) Consent Agenda
Resolution
Family Night
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
Leaders of local community-based organizations have collectively set forth an activity-based plan of
action leveraging the facilities and resources of the City to bring the Residents of the community
together in the spirit of fellowship and fun. Family Night Partnership events may include, but are not
limited to, live music, dance, movie nights, pool parties, in addition to educational and other activities
appropriate for all members of the community. Use of the Betty T. Ferguson Recreational Complex and
Amphitheater is available at no charge.
Additionally, local non-profit organizations will make resources available for attending families and
Residents. The City will assist in facilitating food trucks on site. Free food will be available pending
sponsorship opportunities. All Family Night Partnership events will be implemented into the City’s public
relations strategy and advertised via radio and print media.
Proposed Action:
Mayor Oliver Gilbert recommends that the City Council adopt the attached resolution directing the City
Manager to take any and all steps necessary to implement Family Night Partnership.
Attachment:
None.
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RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, IMPLEMENTING FAMILY NIGHT 4
PARTNERSHIPS IN THE CITY OF MIAMI GARDENS; 5
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 6
PROVIDING FOR AN EFFECTIVE DATE. 7
8
WHEREAS, Mayor Oliver Gilbert is recommending that the City partner with 9
community based organizations within the City to create a series of family-oriented, 10
community-based, events under the title of “Family Night Partnerships,” and 11
WHEREAS, these Partnerships will include a process for bringing the Residents 12
of the City together for activities such as live music, dance, movie nights, etc., and 13
WHEREAS, the Partnerships will allow the use of the Betty T. Ferguson 14
Recreational complex and Amphitheater at no charge, and 15
WHEREAS, local nonprofits and community based organizations will also 16
participate in these Partnerships by making resources available, 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby authorizes the implementation of Family Night Partnerships in the City of Miami 24
Gardens. . 25
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26
upon its final passage. 27
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 29
Page 25 of 134
2
30
___________________________________ 31
OLIVER GILBERT, III, MAYOR 32
33
34
35
ATTEST: 36
37
38
__________________________________ 39
RONETTA TAYLOR, MMC, CITY CLERK 40
41
42
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 43
44
45
SPONSORED BY: 46
47
Moved by: __________________ 48
49
VOTE: _________ 50
51
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 52
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 53
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 54
Councilman David Williams Jr ____ (Yes) ____ (No) 55
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 56
Councilman Rodney Harris ____ (Yes) ____ (No) 57
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58
59
Page 26 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 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:
(Enter Fund & Dept)
Ex: General Fund
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 X
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Oliver Gilbert III,
Mayor
Department:Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, CREATING THE “MAYOR GILBERT CULTURAL PASSPORT
PROGRAM”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
To ensure that school-aged children in the City of Miami Gardens have access to cultural facilities in
Miami-Dade County, the Mayor proposes the creation of the Mayor Gilbert Cultural Passport Program.
Through this Program, parents of school-aged children who reside in the City of Miami Gardens may
apply for a ‘cultural passport’ for their child/children. Once approved, the cultural passport will grant
that child and their parents access to various facilities in Miami-Dade County at no cost.
Item K-4) Consent Agenda
Resolution
Mayor Gilbert Cultural
Passport Program
Page 27 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Research shows that students who are exposed to art and cultural institutions demonstrate stronger
critical thinking skills, display higher levels of social tolerance, and exhibit greater historical empathy.
Through this program, the City of Miami Gardens will take a concrete step toward promoting the
development of well-rounded members of our community.
Funding for this program will be secured primarily through charitable donations and price concessions
from participating cultural facilities.
Proposed Action:
It is recommended that the City Council adopt the attached Resolution.
Attachment:
No.
Page 28 of 134
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, CREATING THE “MAYOR GILBERT CULTURAL 4
PASSPORT PROGRAM”; PROVIDING FOR THE ADOPTION OF 5
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 6
7
WHEREAS, to ensure that school-aged children in the City of Miami Gardens 8
have access to cultural facilities in Miami-Dade County, the Mayor proposes the 9
creation of the “Mayor Gilbert Cultural Passport Program,” and 10
WHEREAS, through this Program, parents of school-aged children who reside in 11
the City of Miami Gardens may apply for a ‘cultural passport’ for their child/children, and 12
once approved, the cultural passport will grant that child and their parents access to 13
various facilities in Miami-Dade County at no cost, and 14
WHEREAS, Research shows that students who are exposed to art and cultural 15
institutions demonstrate stronger critical thinking skills, display higher levels of social 16
tolerance, and exhibit greater historical empathy, and 17
WHEREAS, through this Program, the City of Miami Gardens will take a concrete 18
step toward promoting the development of well-rounded members of our community, 19
and 20
WHEREAS, funding for this Program will be secured primarily through charitable 21
donations and price concessions from participating cultural facilities, 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 29 of 134
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28
hereby approves the creation of the “Mayor Gilbert Cultural Passport Program.” 29
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: MAYOR OLIVER GILBERT III 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 8, 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:
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)
Sponsor Name
Felicia Robinson,
Vice Mayor
Department:Office of the Mayor/City 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”). The Education Council was formed for the purpose of advancing educational and
cultural opportunities in the City of Miami Gardens.
Item K-5) Consent Agenda
Resolution
Dissolve/Excellence in
Education Council
Page 31 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Although, the Education Council operated successfully for a number of years, in recent months,
the Education Council has not operated because of the failure to have a quorum present for
meetings. Moreover, the State of Florida requires that certain reports be filed in order to
continue operation, but without a quorum, it becomes difficult to file these reports. Despite
efforts to reconstitute the Education have not been successful.
Vice Mayor Felicia Robinson is recommending that the City Council dissolve the Education
Council and that the City continue the mission of the Education Council. Upon dissolution of the
Education Council, any funds held by the Education Council must be distributed to a state or
local government or to an exempt organization. It is being recommended that the funds be
distributed to the City of Miami Gardens, with a determination of how those funds will be spent
to be made at a future time.
Proposed Action:
That the City Council approves the attached Resolution.
Attachment:
Page 32 of 134
RESOLUTION NO. 2014____ 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 33 of 134
2
WHEREAS, it is being recommended that the funds be distributed to the City of 30
Miami Gardens, with a determination of how those funds will be spent to be made at a 31
future time, 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, with a determination of how those funds will be spent to be made at a 42
future time. 43
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 44
upon its final passage. 45
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 46
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2014. 47
48
___________________________________ 49
OLIVER GILBERT, III, MAYOR 50
51
52
53
ATTEST: 54
55
56
__________________________________ 57
RONETTA TAYLOR, MMC, CITY CLERK 58
Page 34 of 134
3
59
60
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 61
62
63
SPONSORED BY: VICE-MAYOR FELICIA ROBINSON 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 35 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 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, SUPPORTING RAISING AWARENESS ABOUT
HEALTH AND HEALTH CARE DISPARITIES DURING THE MONTH OF
APRIL, NATIONAL MINORITY HEALTH MONTH; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Raising public awarenss about health and health care disparities that continues to affect racial and
ethnic minorities, and efforts to the advanced health equity is of the utmost importance to
Councliwoman Lisa C. Davis.
April is National Minority Health Month. The Theme for 2015 is “30 years of Advancing Health
Item K-6) Consent Agenda
Resolution
National Minority Health Month
Page 36 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Equity/The Heckler Report: A Force for Ending Health Disparities in America.” This theme
commemorates the U.S. Department of Health and Human Services (HHS) efforts towards eliminating
health disparities among racial and ethnic minorities that were mobilized by the findings from the
Report of the Secretary’s Task Force on Black and Minority Health. Commonly referred to as the Heckler
Report. This landmark report marked the first convening of a group of health experts by the U.S.
government to conduct a comprehensive study of racial and ethnic minority health and elevated
minority health to a national stage. This milestone anniversary serves as a paramount opportunity to
highlight national and local efforts towards eliminating health disparities and advancing health equity,
including legislative policy and actions such as the Affordable Health Care Act, the HHS Action Plan to
Reduce Racial and Ethnic Health Disparities, and the National Partnership for Action to End Health
Disparities.
Councilwoman Lisa Davis is passionate about providing health care awareness to Miami Gardens
residents, which is evident by her annual Diabetes Awareness initiative. She wants to raise a clarion call
for all Americans to take action towards ending health disparities in their community. Councilwoman
Davis believes together through a collective effort an accelerated momentum towards achieving a
nation free of disparities in health and health care can be achieved.
Proposed Action:
That the City Council adopts the attached Resolution supporting raising awareness about health and
health care disparities during National Minority Health Month, April 2015..
Attachment:
Exhibit “A” Abstract of Heckler Report
Page 37 of 134
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING RAISING 4
AWARENESS ABOUT HEALTH AND HEALTH CARE 5
DISPARITIES DURING THE MONTH OF APRIL, NATIONAL 6
MINORITY HEALTH MONTH; PROVIDING FOR THE ADOPTION 7
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 8
DATE. 9
10
WHEREAS, raising public awareness about health and health care disparities 11
that affect minorities, and efforts to the advance health equity is of the utmost 12
importance to Councilwoman Lisa C. Davis, and 13
WHEREAS, April is National Minority Health Month, this year’s theme is “30 14
years of Advancing Health Equity/The Heckler Report: A Force for Ending Health 15
Disparities in America,” and 16
WHEREAS, this year’s theme commemorates the U.S. Department of Health and 17
Human Services (HHS) efforts towards eliminating health disparities among racial and 18
ethnic minorities as found in the Report of the Secretary’s Task Force on Black and 19
Minority Health, commonly referred to as the Heckler Report, and 20
WHEREAS, this landmark Report marked the first convening of a group of health 21
experts by the U.S. government to conduct a comprehensive study of racial and ethnic 22
minority health and elevated minority health to a national stage, and 23
WHEREAS, this milestone anniversary serves as a paramount opportunity to 24
highlight national and local efforts towards eliminating health disparities and advancing 25
health equity, including legislative policy and actions such as the Affordable Health Care 26
Act, the HHS Action Plan to Reduce Racial and Ethnic Health Disparities, and the 27
National Partnership for Action to End Health Disparities, and 28
WHEREAS, Councilwoman Lisa Davis is passionate about providing health care 29
awareness to Miami Gardens residents, which is evident by her annual Diabetes 30
Page 38 of 134
2
Awareness initiative, and she wants to raise a clarion call for all Americans to take 31
action towards ending health disparities in their community, and 32
WHEREAS, Councilwoman Davis believes together through a collective effort an 33
accelerated momentum towards achieving a nation free of disparities in health and 34
health care can be achieved, and 35
WHEREAS, Councilwoman Davis is recommending that the City Council 36
commemorate April as National Minority Health Month, 37
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 41
made a specific part of this Resolution. 42
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43
hereby supporting raising awareness about health and health care disparities during the 44
month of April, National Minority Health Month. 45
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 46
upon its final passage. 47
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 48
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 49
50
___________________________________ 51
OLIVER GILBERT, III, MAYOR 52
53
54
55
ATTEST: 56
57
58
Page 39 of 134
3
__________________________________ 59
RONETTA TAYLOR, MMC, CITY CLERK 60
61
62
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 63
64
65
SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 66
67
Moved by: __________________ 68
69
VOTE: _________ 70
71
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 72
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 73
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 74
Councilman David Williams Jr ____ (Yes) ____ (No) 75
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 76
Councilman Rodney Harris ____ (Yes) ____ (No) 77
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 78
79
Page 40 of 134
Reducing Racial And Ethnic Disparities: The Action
Plan From The Department Of Health And Human
Services
Abstract From Heckler Report
The Department of Health and Human Services (HHS) recently unveiled the most comprehensive
federal commitment yet to reducing racial and ethnic health disparities. The 2011 HHS Action Plan to
Reduce Racial and Ethnic Health Disparities not only responds to advice previously offered by
stakeholders around the nation, but it also capitalizes on new and unprecedented opportunities in
the Affordable Care Act of 2010 to benefit diverse communities. The Action Plan advances five major
goals: transforming health care; strengthening the infrastructure and workforce of the nation’s
health and human services; advancing Americans’ health and well-being; promoting scientific
knowledge and innovation; and upholding the accountability of HHS for making demonstrable
progress. By mobilizing HHS around these goals, the Action Plan moves the country closer to
realizing the vision of a nation free of disparities in health and health care.
Page 41 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 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, SUPPORTING SENATE BILL 378 AUTHORIZING
LAW ENFORCEMENT OFFICERS TO ISSUE CIVIL CITATIONS AND
OPPORTUNITIES TO PARTICIPATE IN DIVERSION PROGRAMS, IN
LIEU OF ARRESTS TO JUVENILES OFFENDERS OF MINOR CRIMES;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
Councilwoman Lisa C. Davis strongly believes in second chances and that our children are our future.
Supporting Senate Bill 378 provides a solid foundation for giving our young people (juveniles) who have
made bad choices resulting in an arrest a second chance. Florida Statute 985.11 originally authorized
issuance of civil citation in lieu of arrest, but only for first-time juvenile offenders. Senate Bill 378 has
Item K-7) Consent Agenda
Resolution
Support for Senate Bill 378
Page 42 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
been proposed in an effort to expand law enforcement officers’ authority to issue warnings, notices to
parents/guardians, participation in diversion programs, or proscribing community service, in lieu of
arrests to juveniles beyond first-time offenders of minor crimes.
Senate Bill 378 will also give young offenders more opportunities to become productive members of
society by including juveniles who have committed minor crimes more than one time and who would
otherwide have been arrested.
Proposed Action:
That the City Council adopts the attached Resolution supporting Senate Bill 378(2015) to expand the
Florida Stat. Sec. 985.12 title Civil Citation to issue warnings, notices to parents/guardians, participation
in diversion programs, or proscribing community service.
Attachment:
Exhibit “A” Senate Bill 378
Page 43 of 134
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING SENATE BILL 378 4
AUTHORIZING LAW ENFORCEMENT OFFICERS TO ISSUE 5
CIVIL CITATIONS AND OPPORTUNITIES TO PARTICIPATE IN 6
DIVERSION PROGRAMS, IN LIEU OF ARRESTS TO JUVENILES 7
OFFENDERS OF MINOR CRIMES; PROVIDING FOR 8
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 9
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 10
EFFECTIVE DATE. 11
12
WHEREAS, currently Section 985.11, Florida Statutes authorizes law 13
enforcement officers to issue civil citations to first time juvenile misdemeanor offenders, 14
and 15
WHEREAS, Senate Bill 378 has been proposed in an effort to expand the 16
authority of law enforcement officers to issue warnings, and offer opportunities for 17
participation in diversion programs, in lieu of arrests to juveniles beyond first-time 18
offenders of minor crimes, and 19
WHEREAS, Councilwoman Lisa Davis is requesting that the City Council lend its 20
support to Senate Bill 378 to offer juvenile offenders a second chance, 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 Senate Bill 378. 28
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 29
directed to provide copies of this Resolution to the Speaker of the Florida House of 30
Representatives and to the President of the Florida Senate. 31
Page 44 of 134
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its final passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39
40
41
ATTEST: 42
43
44
__________________________________ 45
RONETTA TAYLOR, MMC, CITY CLERK 46
47
48
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 49
50
51
SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 52
53
Moved by: __________________ 54
55
VOTE: _________ 56
57
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 59
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 60
Councilman David Williams Jr ____ (Yes) ____ (No) 61
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 62
Councilman Rodney Harris ____ (Yes) ____ (No) 63
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64
65
66
Page 45 of 134
Page 46 of 134
Page 47 of 134
Page 48 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 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 X
Funding Source:
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
David Williams Jr.,
Councilman
Department:Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, SUPPORTING HOUSE BILL 855 AND SENATE
BILL 1524, AUTHORIZING A STATE SEAL OF BILITERACY FOR HIGH
SCHOOL GRADUATES; PROVIDING FOR INSTRUCTIONS TO THE
CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
House Bill 855 and Senate Bill 1524 are pending before the Florida House of Representatives and the
Florida Senate respectively. Both Bills support literacy for students who demonstrate a proficiency in
English and an additional language. The Bills provide a mechanism for creating a State Seal of Biliteracy
to be affixed to the high school diplomas for students who demonstrate a proficiency in English and an
Item K-8) Consent Agenda
Resolution
Support for House Bill 855
and Senate Bill 1524
Page 49 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
additional language. The Biliteracy Seal would provide an incentive for students to excel in the language
studies and promote advantages of by literacy for school officials and the general public. The Biliteracy
Seal will be used as an additional alternative assessment in the home language for ESOL students who
meet all the requirements for high school graduation. Nine states have approved Biliteracy Seals, and
the Seal is under consideration by thirteen other states. The American Council on the Teaching of
Foreign Languages, the National Association of bilingual Education, the National Council of State
Supervisors for Languages and TESOL International Association have officially drafted recommendations
for the implementation of the Seal of Biliteracy. Councilman David Williams is requesting that the City
Council lend its support to House Bill 855 and Senate Bill 1524.
Proposed Action:
That the City Council approves the attached Resolution.
Attachment:
No.
Page 50 of 134
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING HOUSE BILL 855 4
AND SENATE BILL 1524 AUTHORIZING A STATE SEAL OF 5
BILITERACY FOR HIGH SCHOOL GRADUATES; PROVIDING 6
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR 7
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, House Bill 855 and Senate Bill 1524 are pending before the Florida 11
House of Representatives and the Florida Senate respectively, and 12
WHEREAS, both Bills support literacy for students who demonstrate a 13
proficiency in English and an additional language, and 14
WHEREAS, the Bills provide a mechanism for creating a State Seal of Biliteracy 15
to be affixed to the high school diplomas for students who demonstrate a proficiency in 16
English and an additional language, and 17
WHEARAS, the Biliteracy Seal would provide an incentive for students to excel in 18
the language studies and promote advantages of by literacy for school officials and the 19
general public, and 20
WHEREAS, the Biliteracy Seal will be used as an additional alternative 21
assessment in the home language for ESOL students who meet all the requirements for 22
high school graduation, and 23
WHEREAS, nine states have approved Biliteracy Seals, and the Seal is under 24
consideration by thirteen other states, and 25
WHEREAS, the American Council on the Teaching of Foreign Languages, the 26
National Association of bilingual Education, the National Council of State Supervisors 27
for Languages and TESOL International Association, have officially drafted 28
recommendations for the implementation of the Seal of Biliteracy, and 29
Page 51 of 134
2
WHEREAS, Councilman David Williams is requesting that the City Council lend 30
its support to House Bill 855 and Senate Bill 1524, 31
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 33
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 34
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 35
made a specific part of this Resolution. 36
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 37
hereby supports House Bill 855 and Senate Bill 1524. 38
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 39
authorized to provide copies of this Resolution to the Speaker of the Florida House of 40
Representatives and to the President of the Florida Senate. 41
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 42
upon its final passage. 43
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 44
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 45
46
___________________________________ 47
OLIVER GILBERT, III, MAYOR 48
49
50
51
ATTEST: 52
53
54
__________________________________ 55
RONETTA TAYLOR, MMC, CITY CLERK 56
57
58
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59
60
Page 52 of 134
3
61
SPONSORED BY: COUNCILMAN DAVID WILLIAMS, Jr. 62
63
Moved by: __________________ 64
65
VOTE: _________ 66
67
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 68
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 69
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 70
Councilman David Williams Jr ____ (Yes) ____ (No) 71
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72
Councilman Rodney Harris ____ (Yes) ____ (No) 73
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 74
75
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FLORIDA HOUSE OF REP RESENTATIVE S
A bill to be entitled 1
An act relating to K-12 educational instruction; 2
creating s. 1003.4284, F.S.; creating the State Seal 3
of Biliteracy; requiring the State Board of Education 4
to adopt rules for awarding the seal; creating s. 5
1003.562, F.S.; creating the English Language Learners 6
Advisory Council within the Department of Education; 7
providing purpose and duties; providing for 8
appointment and membership; providing meeting 9
requirements; providing for staff and administrative 10
support; amending s. 1008.22, F.S.; requiring the 11
department to provide for the development and adoption 12
of statewide, standardized assessments in native 13
languages for students with limited English 14
proficiency; requiring school districts to administer 15
such assessments; amending s. 1008.34, F.S.; revising 16
components used to calculate school grades to include 17
certain Learning Gains of English language learners; 18
providing an effective date. 19
20
Be It Enacted by the Legislature of the State of Florida: 21
22
Section 1. Section 1003.4284, Florida Statutes, is created 23
to read: 24
1003.4284 State Seal of Biliteracy.— 25
(1) The State Seal of Biliteracy is established to 26
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FLORIDA HOUSE OF REP RESENTATIVE S
recognize high school students who have attained a high level of 27
proficiency in speaking, reading, and writing in a foreign 28
language. The State Seal of Biliteracy shall be affixed to a 29
student's high school diploma, and the student's high school 30
transcript shall indicate that he or she has earned the seal. 31
For purposes of this section, a foreign language includes 32
American Sign Language and Native American languages. 33
(2) The State Board of Education shall adopt rules 34
establishing criteria for awarding the State Seal of Biliteracy. 35
The criteria must require a student to demonstrate proficiency 36
in English by meeting high school graduation requirements in 37
English Language Arts and proficiency in a foreign language. The 38
criteria must allow for a student to demonstrate proficiency in 39
a foreign language through multiple methods, including, but not 40
limited to, nationally or internationally recognized language 41
proficiency tests. 42
(3) Each school district shall notify students and parents 43
in writing of the requirements for earning the State Seal of 44
Biliteracy. 45
Section 2. Section 1003.562, Florida Statutes, is created 46
to read: 47
1003.562 English Language Learners Advisory Council.— 48
(1) The English Language Learners Advisory Council is 49
created within the Department of Education. 50
(2) The purpose of the advisory council is to review and 51
recommend in an annual report to the Governor, the President of 52
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the Senate, the Speaker of the House of Representatives, and the 53
Commissioner of Education: 54
(a) Reform initiatives to statewide English language 55
learner (ELL) accountability policies, including research-based 56
assessment accommodations appropriate for ELLs. 57
(b) Proposed changes to state law, State Board of 58
Education rules, or agreements with the Federal Government that 59
would remove barriers to or enhance the implementation of 60
education programs offered to ELLs. 61
(c) Proposed changes to teacher preparation and credential 62
standards, professional development and inservice education, 63
ESOL program models, and instructional materials and strategies. 64
(d) The best methods for increasing parental engagement in 65
programs for ELLs. 66
(e) Criteria for awarding the State Seal of Biliteracy. 67
(f) Proposed funding allocations for programs serving 68
ELLs. 69
(g) Applied research projects that use research 70
capabilities within the state, including, but not limited to, 71
resources of the State University System, for the purpose of 72
achieving improved outcomes for ELLs. 73
(h) Other matters identified by advisory council members. 74
(3) The advisory council shall be composed of the 75
following members: 76
(a) The Commissioner of Education, or his or her designee, 77
who shall serve as chair of the advisory council and shall serve 78
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ex officio as a nonvoting member. 79
(b) The director of the Office of Policy and Budget of the 80
Executive Office of the Governor, or his or her designee, who 81
shall serve ex officio as a nonvoting member. 82
(c) The chair of the Florida Legislative Hispanic Caucus, 83
or his or her designee. 84
(d) The chair of the Florida Legislative Black Caucus, or 85
his or her designee. 86
(e) Fifteen members of the public who shall be appointed 87
by the Governor as follows: 88
1. One member who has professional or occupational 89
expertise in university-level preparation of ESOL teachers and 90
second-language research. 91
2. One member who has professional or occupational 92
expertise in college-level preparation of ESOL or special 93
education teachers. 94
3. One member who has professional or occupational 95
expertise in secondary school and adult programs for ELLs. 96
4. One member who has professional or occupational 97
expertise in prekindergarten or elementary school programs for 98
ELLs. 99
5. One member who has experience as the principal of a 100
school the student population of which includes ELLs. 101
6. Ten members who have professional or occupational 102
expertise in, or are generally knowledgeable about, issues that 103
relate to programs and services for ELLs, one each nominated by 104
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the following organizations: 105
a. The state professional organization for ESOL teachers, 106
Sunshine State TESOL of Florida. 107
b. The Florida Association of Bilingual/ESOL Supervisors. 108
c. LULAC Florida Corp., the League of United Latin 109
American Citizens. 110
d. The Florida State Conference of the NAACP. 111
e. An ESOL parent leadership council. 112
f. The Florida PTA. 113
g. The Florida League of Cities. 114
h. The Florida Association of School Administrators. 115
i. The Florida Educational Research Association. 116
j. The Florida School Boards Association. 117
(f) One member of the Florida Education Association who 118
shall be appointed by the President of the Senate. 119
(g) One member with experience as the superintendent of a 120
school district the student population of which includes ELLs 121
who shall be appointed by the Speaker of the House of 122
Representatives. 123
(4)(a) Members of the advisory council appointed by the 124
Governor, the President of the Senate, and the Speaker of the 125
House of Representatives shall be appointed to 4-year terms, 126
except that initially, to provide for staggered terms, the 127
Governor shall appoint seven members to serve 2-year terms. 128
(b) A vacancy shall be filled in the same manner as the 129
original appointment. A vacancy occurring on the advisory 130
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council before expiration of a term shall be filled for the 131
remainder of the unexpired term. A member of the advisory 132
council is eligible for reappointment. 133
(5) The advisory council shall hold its first meeting no 134
later than October 1, 2015, and at least one meeting per quarter 135
per calendar year thereafter. Meetings may be held via 136
teleconference or other electronic means; however, the advisory 137
council must meet in person during its first meeting of each 138
year. 139
(6) Each member of the advisory council shall serve 140
without compensation but may be reimbursed for per diem and 141
travel expenses pursuant to s. 112.061. 142
(7) The Department of Education shall provide staff and 143
administrative support for the advisory council. 144
(8) By February 1 of each year, the advisory council shall 145
submit a written report to the Governor, the President of the 146
Senate, the Speaker of the House of Representatives, and the 147
Commissioner of Education containing the advisory council's 148
recommendations. 149
Section 3. Paragraph (c) of subsection (3) of section 150
1008.22, Florida Statutes, is amended to read: 151
1008.22 Student assessment program for public schools.— 152
(3) STATEWIDE, STANDARDIZED ASSESSMENT PROGRAM.—The 153
Commissioner of Education shall design and implement a 154
statewide, standardized assessment program aligned to the core 155
curricular content established in the Next Generation Sunshine 156
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State Standards. The commissioner also must develop or select 157
and implement a common battery of assessment tools that will be 158
used in all juvenile justice education programs in the state. 159
These tools must accurately measure the core curricular content 160
established in the Next Generation Sunshine State Standards. 161
Participation in the assessment program is mandatory for all 162
school districts and all students attending public schools, 163
including adult students seeking a standard high school diploma 164
under s. 1003.4282 and students in Department of Juvenile 165
Justice education programs, except as otherwise provided by law. 166
If a student does not participate in the assessment program, the 167
school district must notify the student's parent and provide the 168
parent with information regarding the implications of such 169
nonparticipation. The statewide, standardized assessment program 170
shall be designed and implemented as follows: 171
(c) Students with disabilities; Florida Alternate 172
Assessment; students with limited English proficiency.— 173
1. Each district school board must provide instruction to 174
prepare students with disabilities in the core content knowledge 175
and skills necessary for successful grade-to-grade progression 176
and high school graduation. 177
2. A student with a disability, as defined in s. 1007.02, 178
for whom the individual education plan (IEP) team determines 179
that the statewide, standardized assessments under this section 180
cannot accurately measure the student's abilities, taking into 181
consideration all allowable accommodations, shall have 182
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assessment results waived for the purpose of receiving a course 183
grade and a standard high school diploma. Such waiver shall be 184
designated on the student's transcript. The statement of waiver 185
shall be limited to a statement that performance on an 186
assessment was waived for the purpose of receiving a course 187
grade or a standard high school diploma, as applicable. 188
3. The State Board of Education shall adopt rules, based 189
upon recommendations of the commissioner, for the provision of 190
assessment accommodations for students with disabilities and for 191
students who have limited English proficiency. 192
a. Accommodations that negate the validity of a statewide, 193
standardized assessment are not allowed during the 194
administration of the assessment. However, instructional 195
accommodations are allowed in the classroom if identified in a 196
student's IEP. Students using instructional accommodations in 197
the classroom that are not allowed on a statewide, standardized 198
assessment may have assessment results waived if the IEP team 199
determines that the assessment cannot accurately measure the 200
student's abilities. 201
b. If a student is provided with instructional 202
accommodations in the classroom that are not allowed as 203
accommodations for statewide, standardized assessments, the 204
district must inform the parent in writing and provide the 205
parent with information regarding the impact on the student's 206
ability to meet expected performance levels. A parent must 207
provide signed consent for a student to receive classroom 208
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instructional accommodations that would not be available or 209
permitted on a statewide, standardized assessment and 210
acknowledge in writing that he or she understands the 211
implications of such instructional accommodations. 212
c. If a student's IEP states that online administration of 213
a statewide, standardized assessment will significantly impair 214
the student's ability to perform, the assessment shall be 215
administered in hard copy. 216
d. For a student who has limited English proficiency and 217
for whom it is appropriate as determined in accordance with the 218
No Child Left Behind Act of 2001, a school district shall 219
provide for the administration of statewide, standardized 220
assessments in the student's native language. The Department of 221
Education shall create a timetable and action plan for the 222
development and adoption of these statewide, standardized 223
assessments, beginning with assessments for the two most 224
prevalent languages represented in the limited English 225
proficient student population within the state. 226
4. For students with significant cognitive disabilities, 227
the Department of Education shall provide for implementation of 228
the Florida Alternate Assessment to accurately measure the core 229
curricular content established in the Next Generation Sunshine 230
State Standards. 231
Section 4. Paragraph (b) of subsection (3) of section 232
1008.34, Florida Statutes, is amended to read: 233
1008.34 School grading system; school report cards; 234
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district grade.— 235
(3) DESIGNATION OF SCHOOL GRADES.— 236
(b)1. Beginning with the 2014-2015 school year, a school's 237
grade shall be based on the following components, each worth 100 238
points: 239
a. The percentage of eligible students passing statewide, 240
standardized assessments in English Language Arts under s. 241
1008.22(3). 242
b. The percentage of eligible students passing statewide, 243
standardized assessments in mathematics under s. 1008.22(3). 244
c. The percentage of eligible students passing statewide, 245
standardized assessments in science under s. 1008.22(3). 246
d. The percentage of eligible students passing statewide, 247
standardized assessments in social studies under s. 1008.22(3). 248
e. The percentage of eligible students who make Learning 249
Gains in English Language Arts as measured by statewide, 250
standardized assessments administered under s. 1008.22(3). 251
f. The percentage of eligible students who make Learning 252
Gains in mathematics as measured by statewide, standardized 253
assessments administered under s. 1008.22(3). 254
g. The percentage of eligible students in the lowest 25 255
percent in English Language Arts, as identified by prior year 256
performance on statewide, standardized assessments, who make 257
Learning Gains as measured by statewide, standardized English 258
Language Arts assessments administered under s. 1008.22(3). 259
h. The percentage of eligible students in the lowest 25 260
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percent in mathematics, as identified by prior year performance 261
on statewide, standardized assessments, who make Learning Gains 262
as measured by statewide, standardized mathematics assessments 263
administered under s. 1008.22(3). 264
i. The percentage of English language learners who make 265
Learning Gains in English language proficiency as measured by 266
the statewide English language proficiency assessment. 267
j.i. For schools comprised of middle grades 6 through 8 or 268
grades 7 and 8, the percentage of eligible students passing high 269
school level statewide, standardized end-of-course assessments 270
or attaining national industry certifications identified in the 271
Industry Certification Funding List pursuant to rules adopted by 272
the State Board of Education. 273
274
In calculating Learning Gains for the components listed in sub-275
subparagraphs e.-h., the State Board of Education shall require 276
that learning growth toward achievement levels 3, 4, and 5 is 277
demonstrated by students who scored below each of those levels 278
in the prior year. In calculating the components in sub-279
subparagraphs a.-d., the state board shall include the 280
performance of English language learners only if they have been 281
enrolled in a school in the United States for more than 2 years. 282
2. For a school comprised of grades 9, 10, 11, and 12, or 283
grades 10, 11, and 12, the school's grade shall also be based on 284
the following components, each worth 100 points: 285
a. The 4-year high school graduation rate of the school as 286
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defined by state board rule. 287
b. The percentage of students who were eligible to earn 288
college and career credit through College Board Advanced 289
Placement examinations, International Baccalaureate 290
examinations, dual enrollment courses, or Advanced International 291
Certificate of Education examinations; or who, at any time 292
during high school, earned national industry certification 293
identified in the Industry Certification Funding List, pursuant 294
to rules adopted by the state board. 295
Section 5. This act shall take effect July 1, 2015. 296
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By Senator Simmons
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A bill to be entitled 1
An act relating to English language learners; amending 2
s. 1003.4282, F.S.; requiring that a school district 3
notify students and parents in writing of options for 4
transferring high school credits and earning 5
comparative, concordant, or passing scores on 6
alternative assessments; providing transfer students 7
with options for satisfying the English Language Arts 8
(ELA) assessment requirement to earn a standard high 9
school diploma; amending s. 1003.433, F.S.; providing 10
alternatives and additional learning opportunities for 11
transfer students who enter a Florida public school at 12
grade 10 under certain circumstances; providing that a 13
limited English proficient transfer student who has 14
met certain requirements, but has not passed the grade 15
10 ELA assessment by grade 12, may receive a standard 16
high school diploma if the student earns a concordant 17
or passing score on an alternative assessment; 18
amending s. 1003.56, F.S.; requiring a school district 19
to notify limited English proficient students and 20
their parents of the requirements and options for 21
earning a standard high school diploma; amending s. 22
1008.22, F.S.; requiring the Commissioner of Education 23
to identify concordant and passing scores on 24
alternative assessments that are offered in languages 25
other than English and demonstrate the college 26
readiness of limited English proficient students; 27
requiring that the State Board of Education adopt by 28
rule alternative assessments and their respective 29
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concordant and passing scores; providing an effective 30
date. 31
32
Be It Enacted by the Legislature of the State of Florida: 33
34
Section 1. Subsections (2) and (8) of section 1003.4282, 35
Florida Statutes, are amended to read: 36
1003.4282 Requirements for a standard high school diploma.— 37
(2) NOTIFICATION REQUIREMENTS.—The school district must 38
notify students and parents, in writing, of the requirements for 39
a standard high school diploma, available designations, options 40
for transferring high school credits and for earning 41
comparative, concordant, or passing scores on alternative 42
assessments, and the eligibility requirements for state 43
scholarship programs and postsecondary admissions. The 44
Department of Education shall directly and through the school 45
districts notify registered private schools of public high 46
school course credit and assessment requirements. Each private 47
school must make this information available to students and 48
their parents so they are aware of public high school graduation 49
requirements. 50
(8) UNIFORM TRANSFER OF HIGH SCHOOL CREDITS.—Beginning with 51
the 2012-2013 school year, if a student transfers to a Florida 52
public high school from out of country, out of state, a private 53
school, or a home education program and the student’s transcript 54
shows a credit in Algebra I, the student must pass the 55
statewide, standardized Algebra I EOC assessment in order to 56
earn a standard high school diploma unless the student earned a 57
comparative score, passed a statewide assessment in Algebra I 58
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administered by the transferring entity, or passed the statewide 59
mathematics assessment the transferring entity uses to satisfy 60
the requirements of the Elementary and Secondary Education Act, 61
20 U.S.C. s. 6301. If a transfer student’s transcript shows a 62
credit in high school reading or English Language Arts (ELA) II, 63
or III, or IV, in order to earn a standard high school diploma, 64
the student must take and pass the statewide, standardized grade 65
10 Reading assessment or, when implemented, the grade 10 ELA 66
assessment, unless the student earned a concordant or passing 67
score identified pursuant to s. 1008.22(7) and (9) or passed a 68
statewide assessment in ELA II, III, or IV administered by the 69
transferring entity to satisfy the requirements of the 70
Elementary and Secondary Education Act, 20 U.S.C. s. 6301 or 71
earn a concordant score. If a transfer student’s transcript 72
shows a final course grade and course credit in Algebra I;, 73
Geometry;, Biology I;, or United States History; or ELA II, III, 74
or IV, the transferring course final grade and credit shall be 75
honored without the student taking the requisite statewide, 76
standardized EOC assessment and without the assessment results 77
constituting 30 percent of the student’s final course grade. 78
Section 2. Subsection (1) of section 1003.433, Florida 79
Statutes, is amended to read: 80
1003.433 Learning opportunities for out-of-state and out-81
of-country transfer students and students needing additional 82
instruction to meet high school graduation requirements.— 83
(1) Students who enter a Florida public school at the 10th, 84
11th, or 12th grade from out of state or out of country shall 85
not be required to spend additional time in a Florida public 86
school in order to meet the high school course requirements if 87
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the student has met all requirements of the school district, 88
state, or country from which he or she is transferring. A 89
district school board must notify a transfer student who is 90
limited English proficient and his or her parent, as required in 91
s. 1003.56(3)(i), of the requirements for earning a standard 92
high school diploma and the options available under s. 93
1003.4282, if applicable, including the opportunity to earn a 94
concordant or passing score on an alternative assessment 95
identified pursuant to s. 1008.22(7) and (9). Such students who 96
are not proficient in English should receive immediate and 97
intensive instruction in English language acquisition, including 98
the instruction required pursuant to s. 1003.56. However, to 99
receive a standard high school diploma, any a transfer student 100
must earn at least a 2.0 grade point average and meet the 101
requirements under s. 1008.22. A limited English proficient 102
student who has met the minimum grade point average and has met 103
the assessment requirements under s. 1008.22, except for passage 104
of the grade 10 ELA assessment by the end of grade 12, may 105
receive a standard high school diploma if he or she has earned a 106
concordant or passing score on an alternative assessment 107
identified pursuant to s. 1008.22(7) and (9), or passed a 108
statewide assessment in ELA II, III, or IV administered by the 109
transferring entity to satisfy the requirements of the 110
Elementary and Secondary Education Act, 20 U.S.C. s. 6301. 111
Section 3. Paragraph (i) is added to subsection (3) of 112
section 1003.56, Florida Statutes, and subsection (4) of that 113
section is amended, to read: 114
1003.56 English language instruction for limited English 115
proficient students.— 116
Page 69 of 134
Florida Senate - 2015 SB 1524
10-00485B-15 20151524__
Page 5 of 6
CODING: Words stricken are deletions; words underlined are additions.
(3) Each district school board shall implement the 117
following procedures: 118
(i) Notify a transfer student and his or her parent of the 119
requirements for earning a standard high school diploma; any 120
applicable options available under s. 1003.4282(8); and 121
concordant and passing scores on alternative assessments as 122
identified pursuant to s. 1008.22(7) and (9), which satisfy the 123
grade 10 English Language Arts assessment requirement. 124
(4) Each district school board’s program for limited 125
English proficient students shall be evaluated and monitored 126
periodically, including compliance with the notification 127
requirements in paragraph (3)(i). 128
Section 4. Present subsection (7) of section 1008.22, 129
Florida Statutes, is amended, subsections (9), (10), and (11) of 130
that section are redesignated as subsections (10), (11), and 131
(12), respectively, and a new subsection (9) is added to that 132
section, to read: 133
1008.22 Student assessment program for public schools.— 134
(7) CONCORDANT SCORES.—The Commissioner of Education must 135
identify scores on the SAT and ACT that if achieved satisfy the 136
graduation requirement that a student pass the grade 10 137
statewide, standardized Reading assessment or, upon 138
implementation, the grade 10 ELA assessment. The commissioner 139
must may identify concordant scores on assessments other than 140
the SAT and ACT. If the content or scoring procedures change for 141
the grade 10 Reading assessment or, upon implementation, the 142
grade 10 ELA assessment, new concordant scores must be 143
determined. If new concordant scores are not timely adopted, the 144
last-adopted concordant scores remain in effect until such time 145
Page 70 of 134
Florida Senate - 2015 SB 1524
10-00485B-15 20151524__
Page 6 of 6
CODING: Words stricken are deletions; words underlined are additions.
as new scores are adopted. The state board shall adopt by rule 146
concordant scores in rule. 147
(9) LIMITED ENGLISH PROFICIENT STUDENTS; ALTERNATIVE 148
ASSESSMENTS.—The Commissioner of Education must identify 149
alternative assessments and their respective passing scores 150
which are offered in languages other than English and are 151
appropriate for demonstrating the college readiness of limited 152
English proficient students as provided in ss. 1003.4282 and 153
1003.433. The state board shall adopt by rule passing scores on 154
alternative assessments identified pursuant to this subsection. 155
Section 5. This act shall take effect July 1, 2015. 156
Page 71 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8 , 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
XPublic 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, MAKING THE “MIAMI GARDENS EXPRESS” THE OFFICIAL
NAME OF THE CITY OF MIAMI GARDENS’ TROLLEY SYSTEM; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
On September 22, 2014 City Council approved specifications (Resolution No. 2014-165-2144) for trolley-
type buses for use on the City’s Bus Circulator System. The design of the bus includes branding graphics
and website address. The brand naming allows the City to differentiate its vehicles and accessibility
points from other transit systems. Therefore, is it requested that City Council consider Miami Gardens
Express as the official name of the City of Miami Gardens’ trolley system.
Fiscal Impact
The cost of the design of the bus is part of the agreement signed with the contractor, therefore, there is
no fiscal impact.
Item K-9) Consent Agenda
Resolution
Miami Gardens' Trolley System
Page 72 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
That the City Council approve the attached resolution authorizing Miami Gardens Express as the official
branding name for the City of Miami Gardens’ trolley system.
Attachment:
None.
Page 73 of 134
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, MAKING THE “MIAMI GARDENS EXPRESS” THE 4
OFFICIAL NAME OF THE CITY OF MIAMI GARDENS’ TROLLEY 5
SYSTEM; PROVIDING FOR THE ADOPTION OF 6
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 7
8
WHEREAS, on September 22, 2014, the City Council approved specifications 9
(Resolution No. 2014-165-2144) for trolley-type buses for use on the City’s Bus 10
Circulation System, and 11
WHEREAS, the design of the bus includes branding graphics and website 12
address, and 13
WHEREAS, the brand naming allows the City to differentiate its vehicles and 14
accessibility points from other transit systems, and 15
WHEREAS, Mayor Oliver Gilbert is recommending that the official name of the 16
trolley system be called the “Miami Gardens Express”, 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby makes “Miami Gardens Express” the official name of the City of Miami Gardens’ 24
Trolley System. 25
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26
upon its final passage. 27
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 29
Page 74 of 134
2
30
___________________________________ 31
OLIVER GILBERT, III, MAYOR 32
33
34
35
ATTEST: 36
37
38
__________________________________ 39
RONETTA TAYLOR, MMC, CITY CLERK 40
41
42
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 43
44
45
SPONSORED BY: CITY MANAGER CAMERON BENSON 46
47
Moved by: __________________ 48
49
VOTE: _________ 50
51
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 52
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 53
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 54
Councilman David Williams Jr ____ (Yes) ____ (No) 55
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 56
Councilman Rodney Harris ____ (Yes) ____ (No) 57
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58
59
Page 75 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 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:
None 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)
Business and Economic
Development
X
Sponsor Name
Cameron Benson,
City Manager
Department:
Parks & RecreationDepartment
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF MIAMI GARDENS, FLORIDA AUTHORIZING
THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY
THAT CERTAIN EXCLUSIVE SPONSORSHIP AGREEMENT WITH NIKE, INC. FOR THE
CITY’S YOUTH FOOTBALL PROGRAM; 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:
Background
Nike, Inc. (Nike) of Beaverton, Oregon is one of the most popular American multinational corporations
engaged in the design, development, manufacturing and worldwide marketing and selling of footwear,
Item K-10) Consent Agenda
Resolution
Sponsorship Agreement w/ Nike
Page 76 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
apparel, equipment, accessories and services for youth, college and professional sports. Nike has
continually been on the cutting edge in creating high-performing, diverse and inclusive apparel for the
modern athlete. Given the superior reputation in providing athletic apparel, it is with great enthusiasm
that Nike expressed interest in entering into a 3-year agreement with the City of Miami Gardens to
exclusively outfit our youth football and cheerleading programs. In exchange, Nike will provide
uniforms for all five of our 14-Under youth football teams along with in-kind services for additional
football related activities.
In addition to sponsoring uniforms, Nike will also provide in-kind services such as: Coaches Clinics, a
Youth Combine and Training Programs designed to improve knowledge, skills and performance. Coaches
will receive coaching tips and techniques on current trends. Each youth combine will consist of a series
of skills and performance measurements inclusive of:
The 40-yd dash: Reveals ability to accelerate and sustain top end speed. Both of these qualities
are fundamental to the game of football and it is essential for an athlete to maximize your top
end speed.
The 5-10-5 Agility Shuttle: Tests ability to accelerate, decelerate, and change direction. Football
demands this of an athlete. It is designed to measure body control at top speeds.
The Vertical Jump: A measurement of relative peak power, by taking into account your body
weight. This figure provides an indication of ability to quickly generate force, which transfers to
overall speed and explosiveness.
Kneeling Powerball Toss: Assesses ability to develop and access your power from the hips
through your upper body. It requires and reveals coordination, strength, and power.
The aforementioned in-kind support will assist in determining how prepared our football program
participants are for the next level of competition. Each participant will receive a NIKE SPARQ (Speed,
Power, Agility, Reaction and Quickness) rating. The rating serves as a standardized test for athleticism
relative to age and size. This trademarked program can also help to identify areas of athleticism needing
improvement. These metrics will provide our youth with exposure in a national database of athletes.
Fiscal Impact
There is no fiscal impact.
Proposed Action:
The City Council approve the above resolution, authorizing the City Manager to enter into and execute a
sponsorship agreement between the City of Miami Gardens Parks and Recreation Department and Nike
Inc.
Attachment:
Attachment A – Sponsorship agreement with Nike
Page 77 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 AND THE CITY CLERK TO EXECUTE AND ATTEST, 5
RESPECTIVELY THAT CERTAIN EXCLUSIVE SPONSORSHIP 6
AGREEMENT WITH NIKE, INC. FOR THE CITY’S YOUTH 7
FOOTBALL PROGRAM; A COPY OF WHICH IS ATTACHED 8
HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO 9
THE CITY CLERK; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, Nike, Inc. (Nike) desires to provide a three (3) year exclusive 13
sponsorship for the City’s youth football teams, and 14
WHEREAS, under the terms of the sponsorship, Nike will exclusively provide 15
football uniforms, coaching clinics and youth combine training, and 16
WHEREAS, it is necessary to execute an Agreement for this purpose, 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby authorizes the City Manager and the City Clerk to execute and attest, 24
respectively that certain Sponsorship Agreement with Nike, Inc. for the City’s youth 25
football program, a copy of which is attached hereto as Exhibit “A”. 26
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 27
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 28
be maintained by the City, and one to be delivered to Nike, Inc. 29
30
31
Page 78 of 134
2
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, ESQ., CITY ATTORNEY 47
48
49
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 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 79 of 134
Miami Gardens Youth Football Program
Sponsorship Agreement
TERM: Three (3) year term commencing February 1, 2015 to February 1, 2018
It is Nike’s desire to enter into an exclusive Head to Toe (Footwear, Apparel and Equipment) agreement with Miami Gardens
Youth Football program including: Players, Coaches and Football Staff.
INCENTIVES
In Year one ( 1 ) of the agreement, NIKE will provide the Miami Gardens Youth Football League with one set of
the NIKE Mach Speed Uniform for each of the 5 eighth grade teams (35 athletes/team), includes top and bottom.
(Total retail value is $58,000)
Provide NFR (Nike Football Rating) support ($3500 retail/year)
o Youth Combine/Training Experience ($5000 retail/year)
My Team Shop: BSN SPORTS’ online player pay site is recommended to be used by all participants. An online
retail shop will be created and 10% of sales proceeds will go back to Miami Gardens Youth Football Program.
PURCHASE AGREEMENT:
All Footwear, Equipment, Uniforms and Apparel purchased at specified team dealer pricing (30% off retail on footwear and
35% off retail for stock apparel and equipment, excluding custom uniforms). Miami Gardens Youth Football agrees that all
new purchases for Miami Gardens Youth Football will be Nike products.
SALES/SERVICE AGREEMENT:
All sales and service will be with the Nike designated team dealer. Organization must comply within Nike ordering guidelines,
approximately six-nine months in advance to guarantee delivery.
NON COMPETE:
Unless otherwise agreed in writing Miami Gardens Youth Football will wear and use Nike products Head to Toe and will not
wear or use competitor’s products on either game day, practice day or during training without written agreement from Nike.
The undersigned, agree to commence with the above-mentioned proposal, until such time as the official contract has been
completed by the Nike and agreed to by both parties.
Miami Gardens Youth Football Nike USA, Inc.
By________________________________________ By _________________________________
Title ______________________________________ Title ________________________________
Date_______________________________________ Date: _______________________________
Page 80 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 2015
Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes No Ordinance Reading:
1st Reading 2nd Reading
X Public Hearing:
Yes No Yes No
Funding Source:
CITT Funds Advertising Requirement:
Yes No
X
Contract/P.O. Required:
Yes No RFP/RFQ/Bid #:ITB# 14-15-016 Milling &
Resurfacing Project – Bunche
Park
X
Strategic Plan Related
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image X
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Improve City Infrastructure
(Sidewalk Repairs and road
repaving in the Entire City)
X
Sponsor Name
Cameron Benson,
City Manager
Department:Development Services
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA
AWARDING A BID TO H & J ASPHALT INC, IN THE AMOUNT OF NINE HUNDRED-
FOURTY EIGHT THOUSAND FOUR HUNDERED FORTY-SEVEN AND 50 CENTS
($948,447.50), WHICH INCLUDES 10% CONTINGENY FOR THE COMPLETION OF THE
ROAD MILLING AND RESURFACING FROM NW 17 AVENUE TO NW 22 AVENUE AND NW
155 STREET TO NW 167 STREET (BUNCHE PARK); PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Miami-Dade County voters approved the People’s Transportation Plan (PTP) in 2002. The City of Miami
Gardens incorporated in 2003 and did not receive its share from the half-penny proceeds. Revenues
from the half-penny surtax were first allocated to the City during the current Fiscal Year 2012-13.
The City anticipates receiving approximately $3M from the Citizen’s Independent Transportation Trust
(CITT) for the current Fiscal Year for the development and construction of new transportation projects
throughout the City.
Item K-11) Consent Agenda
Resolution
Bid Award/ H&J Asphalt Inc.
Page 81 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
The Public Works Department completed in 2006 a Roadway Assessment Report. In the report the City
roads were classified as very good, good, fair, poor, or very poor. The report also addressed sidewalk
conditions including meeting the specifications of the American with Disabilities Act (ADA). The
aforementioned road condition classification serves as a tool to prioritize needed pavement
improvement projects. The Bunche Park area is being completed in two phases. The initial phase is the
area generally bounded on the north by NW 167 Street and NW 155 Street to the south, on the east by
NW 17 Avenue and on the west by NW 22 Avenue (See exhibit A).
Staff prepared specifications for the milling and resurfacing of the roads within the above area and
advertised ITB#14-15-016 Milling & Resurfacing Project Bunch Park NW 17th Avenue to NW 22nd Avenue
& NW 155th Street to NW 167th Street. The solicitation was advertised on January 22, 2015. A broadcast
notice was sent to 434 vendors. The bids were publicly opened on February 19, 2015. Five bids were
received and publicly read at that time.
Staff evaluated the bids for compliance with the specifications, and their ability to perform the work.
The lowest, responsive, responsible bid was H & J Asphalt, Inc. located in Miami, Florida.
Reference checks were sent out for the apparent low bidder. Their references were favorable. The
Finance Director reviewed the company’s financials. The Finance Director determined that the financials
for H & J Asphalt, Inc. are sufficient for this project. This company has successfully completed a milling
project for the City in the past.
It is noted that the recommended bidder will hire two (2) unemployed residents from the City for this
project.
Fiscal Impact
The project is budgeted and funded under the People’s Transportation Program (CITT) in the amount of
$948,447.50.
Proposed Action:
It is recommended that the City Council approve the attached resolution authorizing the City Manager
to execute a contract with H& J Asphalt Inc. to mill and resurface the area from NW 17th Avnue to NW
22nd Avenue & NW 155th Street to NW 167th Street for an amount not to exceed 948,447.50, which
includes 10% contingencies.
Attachment:
Exhibit A: Project Area Map
Exhibit B: Tabulation
Page 82 of 134
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA AWARDING A BID TO H & J ASPHALT INC., IN 4
THE AMOUNT OF NINE HUNDRED-FORTY EIGHT THOUSAND FOUR 5
HUNDRED FORTY-SEVEN AND 50 CENTS ($948,447.50), WHICH 6
INCLUDES 10% CONTINGENCY, FOR THE COMPLETION OF A ROAD 7
MILLING AND RESURFACING PROJECT FROM NW 17 AVENUE TO 8
NW 22 AVENUE AND NW 155 STREET TO NW 167 STREET; 9
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10
PROVIDING AN EFFECTIVE DATE. 11
12
WHEREAS, roadway pavement improvements are needed in the Bunch Park 13
area, and 14
WHEREAS, City staff prepared specifications for ITB#14-15-016 for a milling and 15
resurfacing project in Bunch Park on NW 17th Avenue to NW 22nd Avenue & NW 155th 16
Street to NW 167th Street in the Bunch Park area, and 17
WHEREAS, the lowest, responsive and responsible bidder was H & J Asphalt, 18
Inc., located in Miami Florida, and 19
WHEREAS, the total cost for the milling and resurfacing project is, the amount 20
not to exceed 948,447.50, which includes a 10% contingency. 21
WHEREAS, this project will be funded with Citizens Independent Transportation 22
Trust (ITT) funds, 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27
made a specific part of this Resolution. 28
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29
hereby awards a bid to H & J Asphalt, Inc., in the amount of Nine Hundred-Forty Eight 30
Thousand Four Hundred Forty-Seven and 50 cents ($948,447.50), which includes 10% 31
Page 83 of 134
2
contingency for the completion of the road milling and resurfacing from NW 17 Avenue 32
to NW 22 Avenue and NW 155 Street to NW 167 Street. 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, ESQ., CITY ATTORNEY 51
52
53
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 54
55
Moved by: __________________ 56
57
VOTE: _________ 58
59
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60
Vice Mayor Lisa Davis ____ (Yes) ____ (No) 61
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62
Councilman David Williams Jr ____ (Yes) ____ (No) 63
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 64
Councilman Rodney Harris ____ (Yes) ____ (No) 65
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 66
67
Page 84 of 134
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Page 85 of 134
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13
4
CITY OF MIAMI GARDENS
CONSTRUCTION CONTRACT
THIS CONTRACT made as of this _______ day of ______________,20___, by and
between_________________________, hereinafter referred to as the CONTRACTOR, and the CITY OF
MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY.
WITNESSETH, that whereas, the CITY has awarded to the CONTRACTOR the Work of
performing certain construction:
NOW, THEREFORE, the CITY and the CONTRACTOR, for consideration hereinafter named,
agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
1.1 Enumeration of Contract Documents:
The Contract Documents comprise the entire agreement between CITY and
CONTRACTOR and consist of the following:
(1) This Agreement and General Conditions (Exhibit 1)
(2) Construction performance bond.
(3) Construction payment bond.
(4) Insurance certificate(s).
(5) Notice of Award and Notice to Proceed.
(6) Invitation to Bid and the Specifications prepared by the CITY (Exhibit 2).
(7) CONTRACTOR's Response to the CITY's Invitation to Bid No. 14-15-016 dated
______________________ (Exhibit 3).
Any amendments executed by the CITY and the CONTRACTOR shall become part of
this Agreement. Documents not included in this Article do not, and shall not, form any
part of this Agreement. In the event of any conflict between the documents or any
ambiguity or missing specification or instruction, the following priority is established:
a. Specific direction from the City Manager (or designee).
b. This Agreement dated __________________ and any attachments.
c. Exhibit 1.
d. Exhibit 2.
e. Exhibit 3.
1.2 Conflict, Error or Discrepancy:
If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in
the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before
proceeding with the Work affected shall obtain a written interpretation or clarification from CITY.
1.3 Representation of CONTRACTOR:
Execution of the Contract by the CONTRACTOR is a representation that CONTRACTOR has
visited the Work site and is familiar with the local conditions under which the Work is to be
performed.
Page 87 of 134
ARTICLE 2. SCOPE OF WORK
The CONTRACTOR hereby agrees to furnish all of the materials, tools, equipment, labor, services,
incidentals and everything necessary to perform; and shall perform, all of the Work, herein referred to as
Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME
3.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRACTOR shall
commence scheduling activities and permit applications within five (5) calendar days after receipt of the
Notice of Award. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR’S
submission to CITY of all required documents including, but not limited to: Performance and Payment
Bonds, Insurance Certificates fully executed Contract.
3.1.1 The receipt of all necessary permits by CONTRACTOR and acceptance of the full construction
schedule in accordance with general terms and conditions section, submittal schedule and
schedule of values is a condition precedent to the issuance of the Notice to Proceed to mobilize
on the Project site and commence with the Work. The CONTRACTOR shall submit all necessary
documents required by this provision within ten (10) calendar days of the issuance of Notice of
Award.
3.2 The Work must begin within ten (10) calendar days from Notice to Proceed or the date fixed in the
Notice to Proceed, whichever is later, and shall be carried on at a rate to insure its substantially
completed within ninety (90) calendar days from the issuance of the Notice to Proceed, completed and
ready for final payment in accordance with Article 6 within One Hundred Twenty (120) calendar days from
the date certified by CITY as the date of Final Completion.
3.3 Upon failure of CONTRACTOR to substantially complete the WORK, herein referred to as
Substantial Completion, within the specified period of time, plus approved time extensions, if any,
CONTRACTOR shall pay to CITY the sum of Three Hundred Fifty Dollars ($350.00) for each calendar
day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial
Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work
within the time specified in Section 3.2 above, plus approved time extensions, if any, for completion and
readiness for final payment, CONTRACTOR shall pay to CITY the sum of Two Hundred Dollars ($200.00)
for each calendar day after the time specified in Section 3.2 above, plus any approved extensions, if any,
for completion and readiness for final payment. These amounts are not penalties, but are liquidated
damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely
ascertaining the amount of damages which the CITY will suffer as a result of the CONTRACTOR’S failure
to perform and that will be obviate a formal resolution concerning the amount of said damages and the
cost and effect of the failure of CONTRACTOR to complete the Contract as required hereunder.
Page 88 of 134
The above-stated liquidated damages shall apply separately to each portion of the Project for
which a time for completion is given.
3.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work
under this Contract.
3.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for
all costs incurred by the Architect/Engineer in administering the construction of the WORK beyond the
completion date specified above, plus approved time extensions, if any. Architect/Engineer construction
costs shall be pursuant to the contract between CITY and Architect/Engineer, a copy of which is available
upon request of the CONTRACTOR. All such costs shall be deducted from the monies due
CONTRACTOR for performance of WORK by means of unilateral credit change orders issued by CITY,
as costs are incurred by Architect/Engineer and agreed to by CITY.
ARTICLE 4. COMPENSATION
CITY shall pay CONTRACTOR as full compensation for the all material, services, labor and
performance, including overhead and profit, associated with completion of all the Work in full conformity
with the requirements as stated or shown in the Contract Documents, the sum of
__________________________________ dollars ($862,225.00).
ARTICLE 5. PROGRESS PAYMENTS
CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than
once a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract
Price as progress payments. The CONTRACTOR’S application shall show a complete breakdown of the
Project components as dictated by the CITY, including an updated Schedule of Values showing the
quantities completed and the amount requested, together with such supporting evidence as may be
required by the CITY. CONTRACTOR shall submit with each Application for Payment, an updated
progress schedule acceptable to the CITY as required by the General Conditions and a release of liens
relative to the Work which is the subject of the Application. Each Application for Payment shall be
submitted in triplicate to the CITY. The CITY shall make payment to the CONTRACTOR within thirty (30)
business days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of
an acceptable updated progress schedule.
Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained
by the CITY until Final Completion and acceptance by the CITY in accordance with the terms and
conditions stipulated in the Contract Documents.
The CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
a) Defective Work not remedied.
Page 89 of 134
b) Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR.
c) Failure of CONTRACTOR to make payments properly to Sub-
Contractors or for material or labor.
d) Damage to another CONTRACTOR not remedied.
e) Liquidated damages, as well as costs incurred by the CITY for extended
construction administration.
When the above grounds are removed or resolved or CONTRACTOR
provides a surety bond or a consent of Surety, satisfactory to the CITY which will
protect the CITY in the amount withheld, payment may be made in whole or in
part.
ARTICLE 6. ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final
inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The
CONTRACTOR shall only receive payments if CITY finds the Work acceptable, the requisite documents
have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, the Architect/Engineer and CITY’S Representative will
submit a statement stating such to the CITY Manager.
Before the Final Payment, CONTRACTOR shall deliver to CITY a complete waiver of lien(s) or
release of all lien(s), as applicable, arising out of this Contract, or receipts in full for all Work; and an
Affidavit certifying that all suppliers and Sub-Contractors have been paid in full, and that all other
indebtedness connected with the Work has been paid.
The CITY may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
A. Defective Work not remedied.
B. Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR.
C. Failure of CONTRACTOR to make payments properly to Sub-Contractors or for
material or labor.
D. Damage to another CONTRACTOR not remedied.
E. Liquidated damages and costs incurred by CITY for extended construction
administration.
When the above grounds are removed or resolved satisfactorily to the CITY, payment may be
made.
Page 90 of 134
Final payment constituting the entire unpaid balance of the Contract sum shall be paid by CITY to
the CONTRACTOR within thirty (30) days after completion of all Work, Contract fully performed and a
final certificate for payment has been issued by the CITY’S representative.
ARTICLE 7. MISCELLANEOUS
7.1 Conflict: Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to this Project, the more
stringent state or federal provision shall control.
7.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract.
Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of
CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers,
employees, agents, or subcontractors of the CITY, and CONTRACTOR shall be responsible for any
actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the
parties a partnership or joint venture.
7.3 Qualifications: CONTRACTOR, and the individual executing this Contract on behalf of the
CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole
proprietorship, etc.) in good standing, and that the CONTRACTOR has all the required licenses and
certifications of competency required by the State of Florida and the County of Miami-Dade to perform the
Work herein described. CONTRACTOR shall insure that all Sub-Contractors have all required licenses
and certifications of competency required by the State of Florida and the County of Miami-Dade to
perform the Work herein described.
7.4 Entire Contract – Modification: No statements, representations, warranties, either written or
oral, from whatever source arising, except as expressly stated in this Contract, shall have any legal
validity between the parties or be binding upon any of them. The parties acknowledge that this Contract
contains the entire understanding of the parties. No modifications hereof shall be effective unless made
in writing and executed by the parties hereto with the same formalities as this Contract is executed. If any
term in the CONTRACTOR’S proposal appears to be in direct or apparent conflict with the Contract, then
the terms of the Contract shall control.
7.5 Third Party Beneficiaries: Neither CONTRACTOR nor CITY intend to directly or substantially
benefit a third party by this Contract. The parties expressly acknowledge that it is not their intent to create
any rights or obligations in any third person or entity under this Contract Therefore, the parties agree that
there are no third-party beneficiaries to this Contract and that no third-party shall be entitled to assert a
claim against either of them based upon this Contract.
7.6 Notices: All notices required in this Contract shall be sent by certified mail, return receipt
requested and, if sent to the CITY shall be mailed to:
City of Miami Gardens
Attn: City Manager
18605 NW 27 Avenue
Page 91 of 134
Miami Gardens, FL 33056
With a Copy to: City Attorney
C/O City of Miami Gardens
18605 NW 27 Avenue
Miami Gardens, FL 33056
And if sent to the CONTRACTOR shall be mailed to:
Name: . Fed. ID#
Address: Telephone #
Address: Fax #
City, State & Zip:
Contact Person: Title:
7.7 Assignment and Performance: Neither this Contract nor any interest herein shall be assigned,
transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion
of the Work required by this Contract except as authorized in the General Conditions. CONTRACTOR
represents that all persons delivering the services required by this Contract have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately and competently
perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform
such services to CITY'S satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful
and respectable manner. The quality of CONTRACTOR'S performance and all interim and final
product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards.
7.8 Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement, duty,
and obligation set forth in these Contract Documents is substantial and important to the formation of this
Contract and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Contract
shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of
a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
7.9 Severance: In the event a portion of this Contract is found by a court of competent jurisdiction to
be invalid, the remaining provisions shall continue to be effective, unless CITY or CONTRACTOR elects
to terminate this Contract. An election to terminate this Contract based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
7.10 Applicable Law and Venue: This Contract shall be enforceable in Miami-Dade County, Florida,
and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or
conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either
Page 92 of 134
party may have to a trial by jury of any civil litigation related to, or arising out of the Project.
CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract.
7.11 Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this
Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney’s
fees, expenses and court costs, including appellate fees incurred in that action or proceeding, in addition
to any other relief to which such party or parties may be entitled.
7.12 Amendments: No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or similar
formality as this Contract and executed by the CITY and CONTRACTOR.
7.13 Prior Contracts: This document incorporates and includes all prior negotiations,
correspondence, conversations, Contracts, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, Contracts or understandings concerning the
subject matter of this Contract that are not contained in this document. Accordingly, the parties agree
that no deviation from the terms hereof shall be predicated upon any prior representations or Contracts,
whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11
above.
7.14 Future Litigation: Contractor certifies that it shall notify the City within five (5) days of the receipt
of any claims, lawsuits, or actions filed against Contractor relating to any construction projects, work
or tasks either performed by Contractor or to be performed by Contractor.
7.15 Indemnification: Contractor shall indemnify and hold harmless the City and its officers,
employees, agents and instrumentalities and Miami-Dade County and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities and Miami-Dade County
and its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Agreement by the Contractor or its employees, agents, servants, partners, principals
or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
thereon. Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep
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and save harmless and defend the City or its officers, employees, agents and instrumentalities and
Miami-Dade County and its officers, employees, agents and instrumentalities as herein provided. One
percent ( 1%) of the contract amount shall represent the consideration to be provided for this
indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity.
7.16 Compliance with Florida Public Records Laws. To the extent required by law, Contractor shall
comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically,
Contractor agrees to comply with Section 119.0701, Florida Statutes. Public records shall mean all
documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make the sole
determination of which records, if any, are exempt from inspection.
[The remainder of this page is intentionally left blank.]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows:
WITNESSES: CONTRACTOR:
________________________________ By:_________________________________
Print Name:_______________________ Print Name: __________________________
Title:_______________________________
Notarization:
Seal:
ATTEST: CITY OF MIAMI GARDENS
________________________________ ___________________________
City Clerk City Manager
APPROVED AS TO FORM:
________________________________
CITY Attorney
Dated:
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
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 X
Funding Source:
(Enter Fund & Dept)
Ex: General Fund-
Information
Technology
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:Information Technology
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA
AUTHORIZING THE CITY MANAGER TO EXTEND THAT CERTAIN EXISTING CONTRACT
WITH AIP-US FOR AN ADDITIONAL ONE (1) YEAR TERM IN THE AMOUNT OF FIFTY-
SEVEN THOUSAND SEVENTY-FIVE DOLLARS AND TWENTY CENTS ($57.075.20), WITH
AN AUTOMATIC RENEWAL FOR AN ADDITIONAL YEAR; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Background:
AIP‐US LLC is the City’s current provider of Network Security Solutions. The company was formed by the
leading Network Engineer from BearingPoint, Inc. It is a small company that allows the City individual
Item K-12) Consent Agenda
Resolution
Contract Renewal w/ AIP-US, LLC.
Page 96 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
and immediate attention. In FY 2008, the City contracted with AIP‐US to provide Network Security
Solutions and Services. AIP‐US provides the City with 15‐20 hours of service per week. Staff is proposing
that the City renew the contract for a two year term with a fixed fee of $57,075.20 annually.
Staff performed an analysis of the cost of continuing this service with AIP‐US versus contracting with
other industry leaders. This analysis revealed that the prevailing rate in the industry is $210 per hour,
which would equate to over $164,000 per year in service fees to the City . With the various threats to
networks and internet security, it is imperative that the city have this expertise available with a vendor
that is familiar with the entire enterprise. AIP‐US LLC provides the services needed at a significant
savings to the City.
Proposed Action:
It is recommend that the council authorize the City Manager to negotiate and execute a contract with
AIP‐US LLC for Network Security Solutions and Services in the amount of $57,075.20 per year for a
period of one year, with an option to renew for an additional one year period.
Attachment:
Attachment A – AIP‐US LLC Contract
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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 RENEW THAT CERTAIN CONTRACT WITH AIP-5
US, LLC, FOR AN ADDITIONAL ONE (1) YEAR PERIOD, IN THE 6
AMOUNT OF FIFTY-SEVEN THOUSAND, SEVENTY-FIVE 7
DOLLARS AND TWENTY CENTS ($57,075.20) FOR NETWORK 8
SECURITY; AUTHORIZING AN AUTOMATIC RENEWAL FOR AN 9
ADDITIONAL ONE (1) YEAR PERIOD; PROVIDING FOR THE 10
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 11
EFFECTIVE DATE. 12
13
WHEREAS, since 2008, the City has utilized AIP US, LLC for network security 14
solutions and services, and 15
WHEREAS, City staff performed a cost analysis and determined that AIP US, 16
LLC, offers the most competitive rates for network security solutions and services, and 17
WHEREAS, City staff is recommending that the City continue to contract with AIP 18
US, LLC for an additional year in the amount of Fifty-Seven Thousand, Seventy-Five 19
Dollars and Twenty Cents ($57,075.20) to AIP US, LLC, and 20
WHEREAS, City staff is also requesting that the City Council authorize an 21
additional automatic renewal of the Agreement for one year, subject to the Council 22
budgeting and appropriating funds for this purpose. 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27
made a specific part of this Resolution. 28
Section 2: AUTHORIZATION: The City Manager is authorized to renew that 29
certain contract with AIP US, LLC for an additional one (1) year period, in the amount of 30
Fifty-Seven Thousand, Seventy-Five Dollars and Twenty Cents ($57,075.20) for 31
Page 98 of 134
2
network security. The City Council further authorizes an automatic renewal for an 32
additional one (1) year period, subject to the City Council budgeting and appropriating 33
for this purpose. 34
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35
upon its final passage. 36
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 38
39
___________________________________ 40
OLIVER GILBERT, III, MAYOR 41
42
43
ATTEST: 44
45
46
__________________________________ 47
RONETTA TAYLOR, MMC, CITY CLERK 48
49
50
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 51
52
53
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 54
55
56
Moved by: __________________ 57
58
VOTE: _________ 59
60
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 62
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63
Councilman David Williams Jr ____ (Yes) ____ (No) 64
Councilwoman Lisa Davis ____ (Yes) ____ (No) 65
Councilman Rodney Harris ____ (Yes) ____ (No) 66
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67
68
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Agreement with AIP US, LLC
NETWORK, SECURITY, AND VOICE OPERATIONS SUPPORT SERVICES
AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of
___________, 2015 by and between the CITY of Miami Gardens, a Florida
municipal corporation (hereinafter referred to as “CITY”), and AIP US, LLC, a
Delaware Corporation, (hereinafter referred to as “Consultant”) and jointly
referred to as the Parties.
WITNESSETH
WHEREAS, the City would like to engage the services of Consultant to
provide network, security, and voice operations support services to the City, and
WHEREAS, Consultant has agreed to provide said services and the
parties would like to consummate their agreement in writing,
NOW THEREFORE, in consideration of the premises and the mutual
covenants herein named, the parties hereto agree as follows:
Article 1 Scope of Work
Consultant shall provide services as outlined in the Scope of Services
attached hereto as Exhibit "A" and incorporated herein by reference.
Article 2 Qualifications
CONSULTANT and the individual executing this Agreement on behalf of
the CONSULTANT warrant to the CITY that the CONSULTANT is authorized to
do business in the State of Florida, is in good standing and that CONSULTANT
possesses all of the required licenses and certificates of competency required by
the State of Florida and the County of Miami-Dade to perform the work herein
described.
Article 3 Personnel
Consultant agrees that the person that will be providing the Services to the
City will be Min Wang and other Consultant’s staff. The parties also recognize
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Agreement with AIP US, LLC
and agree that all services to be provided to the City shall be conducted remotely
and that Consultant shall not appear personally at the City to provide any
services.
Article 4 Compensation/Expenses
The person assigned to this Agreement shall work a maximum of sixteen
(16) hours per week for two (2) years.
The first year (from May 11, 2015 to May 8, 2016) shall be paid at an
hourly rate of sixty-eight dollars sixty cents ($68.60) per hour. The first year total
contract value shall not exceed fifty seven thousand, seventy-five dollars and
twenty cents ($57,075.20.)
The second year (from May 9, 2016 to May 7, 2017) shall be paid at an
hourly rate of sixty-eight dollars sixty cents ($68.60) per hour. The second year
total contract value shall not exceed fifty seven thousand, seventy-five dollars
and twenty cents ($57,075.20.)
The total contract value for 2 years shall not exceed the sum of one
hundred and fourteen thousand, one hundred and fifty dollars and forty cents
($114,150.40.)
CONSULTANT will invoice City of Miami Gardens at the end of each
calendar month. All payments shall be due within thirty (30) days of receipt of an
invoice. In the event there is a dispute on an invoice, the City agrees to pay the
undisputed sums within the thirty (30) day period.
Article 5 Term
This Agreement shall commence on May 11, 2015, or upon the
execution by both parties, whichever is sooner, and shall continue for a period of
one year. Said Agreement shall be automatically renewable for an additional one
(1) year period, subject to the City Council budgeting and appropriating funds for
that purpose. The Term shall not start until all insurance required as stated
herein has been obtained and approved copy provided to the City.
Article 6 Indemnification
CONSULTANT shall, at CONSULTANT's sole cost and expense, defend,
indemnify, and hold the CITY and all of its elected officials, officers, agents, or
employees, harmless from and against any and all losses, demands, claims,
suits, liabilities, causes of action, judgment or damages, arising out of, related to,
or in any way connected with CONSULTANT’s performance or non-performance
of any provision of this Agreement including, but not limited to, liabilities arising
from contracts between CONSULTANT and third parties made pursuant to this
Agreement. CONSULTANT shall reimburse the CITY for all of its expenses
including reasonable attorney fees and costs incurred in connection with the
defense of any such claim or investigation, throughout the appeals process.
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Agreement with AIP US, LLC
Nothing contained herein shall be deemed a waiver of sovereign immunity by the
CITY.
Article 7 Insurance
CONSULTANT shall provide and maintain general liability insurance
coverage, for personal injury and property damage in the minimum amount of
Two Million ($2,000,000.00) Dollars, per incident, for personal injury, and Five
Hundred Thousand ($500,000.00) Dollars, per incident, for property damage.
Such liability policy of insurance shall designate the CITY as an additional
insured and CONSULTANT shall deliver a fully effective certificate to that effect,
evidencing no less than thirty (30) day cancellation power.
The parties acknowledge and agree that since all services to be provided
by CONSULTANT shall be provided remotely, from the state of New Jersey.
CONSULTANT shall comply with the worker’s compensation laws of the state of
New Jersey.
CONSULTANT shall not commence work pursuant to this Agreement until
all insurance required as stated herein has been obtained and the CITY has
approved such insurance.
Article 8 Termination
Either party may, for its convenience and without cause, terminate this
Agreement by giving the other party thirty (30) days notice prior to the effective
date of the termination. Upon written notice of termination, CONSULTANT shall
provide only those services and incur only those expenses specifically approved
or directed in writing by the CITY Manager or his designee.
In the event of termination or expiration of this Agreement, CONSULTANT
and CITY shall cooperate in good faith in order to effectuate a smooth and
harmonious transition from CONSULTANT to the CITY or to any other person or
entity the CITY may designate, and to maintain during such period of transition
that same services provide to the CITY pursuant to the terms of this Agreement.
CONSULTANT will take all reasonable and necessary actions to transfer
all records, etc. and data of the CITY in its possession in an orderly fashion to
either the CITY or its designee in a hard copy and computer format.
If either party terminates this Agreement, the CITY shall only pay
CONSULTANT for the services provided through the date of termination.
Article 9 Ownership
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Agreement with AIP US, LLC
All inventions, discoveries, deliverables, intellectual property, technical
communications and records originated or prepared by CONSULTANT pursuant
to this Agreement including papers, charts, computer programs, and other
documentation or improvements thereto shall be owned by the CITY.
Article 10 Modification/Amendment
This writing and exhibits contains the entire Agreement of the parties. No
representations were made or relied upon by either party, other than those that
are expressly set forth herein.
No agent, employee, or other representative of either party is empowered
to modify and amend the terms of this Agreement, unless executed in writing with
the same formality as this Document. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and
signed by the party granting such waiver.
Article 11 Severability
If any term or provision of this Agreement shall to any extent be held
invalid or illegal by a court of competent jurisdiction, the remainder of this
Agreement shall not be affected thereby, and each term and provision of this
agreement shall be valid and be enforced to the fullest extent permitted by law.
Article 12 Governing Law
This Agreement shall be construed in accordance with and governing by
the laws of the State of Florida, with venue lying in Miami-Dade County, Florida.
Article 13 Waiver
The failure of either party to this Agreement to object to or to take
affirmative action with respect to any conduct of the other which is in violation of
the terms of this Agreement shall not be construes as a waiver of the violation or
breach, or of any future violation, breach or wrongful conduct.
No waiver by the CITY of any provision of this Agreement shall be
deemed to be a waiver of any other provisions hereof or of any subsequent
breach by CONSULTANT of the same, or any other provision or the enforcement
thereof. The CITY’s consent to or approval of any act by CONSULTANT
requiring the CITY’s consent or approval shall not be deemed to render
unnecessary the obtaining of the CITY’s consent to or approval of any
subsequent consent or approval of CONSULTANT, whether or not similar to the
act so consented to or approved.
Article 14 Notices/Authorized Representatives
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Agreement with AIP US, LLC
Any notices required or permitted by this Agreement shall be in writing and
shall be deemed to have been properly given if transmitted by hand-delivery, by
registered mail with postage prepaid return receipt delivery, by registered or
certified mail with postage prepaid return receipt requested, or by Federal
Express addressed to the parties at the following address:
CITY: CONSULTANT:
Cameron Benson, CITY Manager Min Wang
CITY of Miami Gardens AIP US, LLC
18605 NW 27th Avenue 18 Edgemere Road
Miami Gardens, FL 33056 Livingston, NJ 07039 22003
With a copy to:
Sonja K. Dickens, Esq.
CITY Attorney
18605 NW 27th Avenue
Miami Gardens, FL 33056
Either party shall have the right to change its address for notice purposes
by sending written notice of such change of address to the other party in
accordance with the provisions herein.
Article 15 Independent Contractor
CONSULTANT is and shall remain an independent contractor not an
employee or agent of the CITY. Services provided by CONSULTANT shall be by
employees of CONSULTANT and nothing in this Agreement shall in any way be
interpreted or construed to deem said employees to be agents, employees, or
representatives of the CITY.
CONSULTANT shall be responsible for all compensation, tax
responsibilities, insurance benefits, other employee benefits, and any other
status or rights of its employees during the course of their employment with
CONSULTANT.
Article 16 Assignment
This Agreement is not assignable by either party.
Article 17 Prohibition Against Contingent Fees
CONSULTANT warrants that it has no employees or retained any
CONSULTANT or person, other than a bona fide employee working solely for
CONSULTANT, to solicit or secure this Agreement, and that it has not paid or
agreed to pay any person(s), CONSULTANT, corporation, individual or firm,
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Agreement with AIP US, LLC
other than a bond fide employee working solely for CONSULTANT, any fee,
commission, percentage, gift, or any other consideration, contingent upon or
resulting from the award or making of this Agreement.
Article 18 Attorneys' Fees
Should any dispute arise hereunder, the prevailing party shall be entitled
to recover all costs, expenses and attorney’s fees incurred in such dispute,
whether or not suit be brought, and such right shall include all of such costs,
expenses and attorney’s fees through all appeals or other actions.
Article 19 Non-Discrimination
CONSULTANT agrees to comply with all local and state civil rights
ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the
Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975.
CONSULTANT will not discriminate against any employee or applicant for
employment because of race, color, creed, religion, ancestry, national origin, sex,
disability or other handicap, age, marital/family status or status with regard to
public assistance. CONSULTANT will take affirmative action to insure that all
employment practices are free from such discrimination.
Article 20 Conflict of Interest
CONSULTANT agrees to adhere to and be governed by the Miami-Dade
County Conflict of Interest Ordinance Section 2-11.1, as amended, which is
incorporated by reference herein as if fully set forth herein, in connection with the
Agreement conditions hereunder.
Article 21 Binding Effect
All of the terms and provisions of this Agreement shall be binding upon
and inure to the benefit of the parties hereto, their respective assigns,
successors, legal representatives, heirs and beneficiaries, as applicable.
Article 22 Construction
This Agreement and the terms hereof shall be construed in accordance
with the laws of the State of Florida and venue for all actions in a court of
competent jurisdiction shall lie in Miami-Dade County, Florida.
Article 23 Entire Agreement
No statements, representations, warranties, either written or oral, from
whatever source arising, except as expressly stated in this Agreement, shall
have any legal validity between the parties or be binding upon any of them. The
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Agreement with AIP US, LLC
parties acknowledge that this Agreement contains the entire understanding and
agreement of the parties. No modifications hereof shall be effective unless made
in writing and executed by the parties hereto with the same formalities as this
Agreement is executed.
Article 24 Captions and Paragraph Headings
Captions and paragraph headings contained in this Agreement are for
convenience and reference only and in no way define, describe, extend or limit
the scope and intent of this Agreement, nor the intent of any provisions hereof.
Article 25 Joint Preparation
The preparation of this Agreement has been a joint effort of the parties,
and the resulting document shall not, solely as a matter of judicial construction,
be construed more severely against one of the parties that the other. It is the
parties’ further intention that this Agreement be construed liberally to achieve its
intent.
Article 26 Counterparts
This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the
same agreement.
Article 27 Exhibits are Inclusionary
All exhibits attached hereto or mentioned herein which contain additional
terms shall be deemed incorporated herein by reference. Typewritten or
handwritten provisions inserted in this form or attached hereto shall control all
printed provisions in conflict therewith.
Article 28 Retention of Records
CONSULTANT shall keep its books, records and accounts as may be
necessary in order to record complete and correct entries related to this
Agreement. CONSULTANT shall allow access to all documents, papers, letters
or other material subject to the provisions of Chapter 119, Florida Statutes, made
or received by CONSULTANT in conjunction with this Agreement.
CONSULTANT's failure to grant such access shall be grounds for immediate
termination of this Agreement by the CITY.
Article 29 Compliance with Florida Public Records Laws
To the extent required by law, CONSULTANT shall comply with the public
records laws in accordance with Chapter 119, Florida Statutes. Specifically,
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Agreement with AIP US, LLC
CONSULTANT agrees to comply with Section 119.0701, Florida Statutes. Public
records shall mean all documents, papers, letters, maps, books, tapes,
photographs, films, sound recordings, data processing software, or other
material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to law or ordinance or in connection
with the transaction of official business by any agency, as defined in Section
119.011, Florida Statutes, as amended. The City shall make the sole
determination of which records, if any, are exempt from inspection.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK;
SIGNATURE PAGE FOLLOWS
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Agreement with AIP US, LLC
IN WITNESS WHEREOF the undersigned parties have executed this
Agreement on the date indicated above.
CITY OF MIAMI GARDENS
_____________________________
Cameron Benson, City Manager
Date:______________________
ATTEST:
_______________________
CITY Clerk
Ronetta Taylor, CMC
Approved as to form and legal sufficiency:
______________________________
Sonja Dickens, CITY Attorney
AIP US, LLC
By:
____________________________ __________________________
Signature Date
____________________________
Print name and Title
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Agreement with AIP US, LLC
SCOPE OF WORK
1. Activities and Services
CONSULTANT will assign a resource person (Min Wang) who will be
responsible for the following activities under the directive of City of Miami
Gardens.
1.1 Project Management (on-going):
- Schedule at least one (or more) weekly call(s) to discuss weekly
status and tasks
- Attend other conference calls on an as-needed basis
- Provide other project management activities on an as-needed basis
1.2 Network Operations (on-going):
- Provide network configuration, migration, cut-over, and change
support
- Provide network troubleshooting / issue resolution support
- Provide new device installation support
- Provide network devices software upgrade (when needed) and
maintenance support
- Provide network Quality of Services (QoS) configuration support for
the VoIP system
- Monitor weekly LAN/WAN usage and performance (including Cisco
LMS)
1.3 Security Operations (on-going):
- Provide network security configuration, migration, cut-over, and
change support
- Provide security troubleshooting / issue resolution support
- Upgrade network security devices (e.g. IPS, Firewall, MARS) on an
on-going basis for new signature files, patches, upgrades, etc. and
other maintenance support
- Provide device hardening support to follow industry best practices
on network/security hardening configurations
- Monitor MARS and IPS status on an on-going basis; provide
remediation recommendations for any major threats detected. And
implement remediation recommendations after being approved
1.4 Voice Operations (on-going):
- Provide voice configuration, Move, Add, Change, Deletion (MACD)
support
- Provide voice troubleshooting / issue resolution support
- Provide on-going voice environment maintenance and escalation
support
Page 109 of 134
11 of 11
Agreement with AIP US, LLC
1.5 Network / Security / Voice Architecture and Engineering (as needed)
- Recommend best practice network / security / voice architecture
based on needs and requirements
- Recommend architecture based on principles such as redundancy /
high-availability, capacity planning, security
- Provide new architecture design and/or upgrade path
documentation, and the corresponding Bill of Material (BOM)
- Support new installation and migrating activities
2. Deliverables
- Provide weekly status update
- Provide architecture / configuration documentation as needed
Page 110 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
April 8 , 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
Stormwater
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:ITB # 11-12-017
Canal Right of Way
Landscape Maintenance X
Sponsor Name
Cameron D. Benson
City Manager
Department:Public Works
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AUTHORIZING A RENEWAL OF THE AGREEMENT WITH NATIONAL CORE SERVICES
CORP. D/B/A GROUNDS GROUP LANDSCAPING FOR LANDSCAPE MAINTENANCE
SERVICES; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER, IN AN
AMOUNT NOT TO EXCEED THE AMOUNT OF SIXTY THREE THOUSAND, ONE HUNDRED
FORTY-SIX DOLLARS ($63,146.00), FOR THIS PURPOSE; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
On January 15, 2012 the City Council approved Resolution# 2012-013-1608 authorizing the City Manager
to execute the interlocal agreement between the City of Miami Gardens and the Miami-Dade County
Regulatory and Economic Resources (RER) for stormwater management. Under the executed interlocal
agreement the County is responsible for the maintenance activities that have a direct impact on water
flow within the secondary canals. In turn, the City of Miami Gardens is responsible for the aesthetic
maintenance within its secondary canals; hence, landscaping services were assumed by the City within
the canal right of way. The services include all materials, labor, supervision, transportation, licenses, and
equipment necessary to provide the canal landscape maintenance.
Item L-1) Resolution
Agreement Renewal w/ National
Core Services Corp. d/b/a Grounds
Group Landscaping
Page 111 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
In 2012, the City Council adopted Resolution# 2012-61-1656, which awarded a bid to National Core
Services Corp. d/b/a Grounds Group Landscaping. The initial term of the contract was for a one (1) year
period, with City option to renew for four (4) additional years, on a year to year basis under the same
terms and conditions.
This is third renewal option for the period May 1, 2015 to April 30, 2016. The Public Works Department
is satisfied with the quality of the services provided.
Fiscal Impact
Estimated annual expenditure is $63.146.00 which is budgeted in the Stormwater professional line item
account.
Proposed Action:
That the City Council approve the attached resolution for the third renewal to National Core Services
Corp. D/B/A Grounds Group Landscaping, located in Miami, FL. and authorize the City Manager to issue
purchase orders as needed when needed, not to exceed the allocated budget amount.
Attachment:
None.
Page 112 of 134
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING A RENEWAL OF 4
THE AGREEMENT WITH NATIONAL CORE SERVICES CORP. 5
D/B/A GROUNDS GROUP LANDSCAPING FOR LANDSCAPE 6
MAINTENANCE SERVICES; AUTHORIZING THE CITY 7
MANAGER TO ISSUE A PURCHASE ORDER, IN AN AMOUNT 8
NOT TO EXCEED THE AMOUNT OF SIXTY THREE THOUSAND, 9
ONE HUNDRED FORTY-SIX DOLLARS ($63,146.00), FOR THIS 10
PURPOSE; PROVIDING FOR THE ADOPTION OF 11
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12
13
WHEREAS, on January 15, 2012, the City Council adopted Resolution No. 2012-14
013-1608, which authorized the City Manager to execute an Interlocal Agreement with 15
the Miami-Dade County Permitting, Environment, and Regulatory Affairs Department 16
(PERA) for stormwater management, and 17
WHEREAS, in accordance with the Interlocal Agreement the City of Miami 18
Gardens is responsible for landscaping maintenance along canal rights of way, and 19
WHEREAS, the Agreement has been renewed two additional times, and 20
WHEREAS, City staff recommends renewing the Agreement for an additional 21
one year term, and, 22
WHEREAS, the annual estimated expenditure for landscape maintenance is 23
Sixty Three Thousand, One Hundred Forty-Six Dollars ($63,146.00), 24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 26
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 28
made a specific part of this Resolution. 29
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30
authorizes the renewal of the Agreement with National Core Services Corp. D/B/A 31
Page 113 of 134
2
Grounds Group Landscaping for landscape maintenance services; and further 32
authorizes the City Manager to issue a purchase order, in an amount not to exceed 33
Sixty Three Thousand, One Hundred Forty-Six Dollars ($63,146.00), for this purpose. 34
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35
upon its final passage. 36
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 38
39
___________________________________ 40
OLIVER GILBERT, III, MAYOR 41
42
43
44
ATTEST: 45
46
47
__________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
51
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 52
53
SPONSORED BY: CAMERON BENSON, CITY MANAGER 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
67
Page 114 of 134
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: April 8, 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
x Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source: (Enter Fund & Dept)Advertising Requirement:Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #:(Enter #)
X
Strategic Plan Related: 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:
N/A X
Sponsor Name: Cameron Benson,
City Manager
Department:Development Services
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING THE APPLICATION SUBMITTED BY FLORIDA
EDUCATION PROPERTIES ROLLING OAKS, LLC. FOR THE PROPERTY
LOCATED AT 18200 N.W. 22ND AVENUE, MORE PARTICULARLY
DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, FROM R-1 SINGLE
FAMILY RESIDENTIAL TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
Staff Summary:
Background
Item N-1) Quasi-Judicial
Ordinance / Second Reading
18200 NW 22nd Avenue
Page 115 of 134
On April 11, 2010 the City adopted the Land Development Regulations (LDRs) to regulate and govern the
land development and zoning of the City. Prior to that adoption, the City relied on the Miami-Dade
County Zoning Code. Extensive public participation, knowledge, time, and effort was spent on the
preparation of the LDRs to reflect and encourage the City’s economic growth opportunities and to adopt
regulations that would minimize the impacts of incompatible uses and protect residential areas from
intrusion of incompatible and nuisance uses.
The property located at 18200 NW 22nd Avenue is 2.52 acres in size and currently developed with a
1,295 SF daycare and a 4,430 SF place of religious assembly. The applicant is requesting a rezoning of
the property from
R-1, Single Family Residential to NC, Neighborhood Commercial in order to bring the property into
compliance with the City’s Land Development Regulations and build a 30,000 SF charter school on the
northern part of the site. The applicant is also requesting a variance of Section 34-342 to allow 52 ft./3
stories where 35 ft./2 stories is the maximum height permitted, and a variance of Section 34-288
(18)(g)(1) to allow 12,400 SF Recreation playground/play area where 215,915 SF is required.
Current Situation
The current zoning of the property is R-1, Single Family Residential which has a history of zoning
approvals allowing the place of religious assembly and daycare. The proposed charter school addition
will house 600 K-12th grade students. Applicant states that the School shall be operated by Excelsior
Charter Academy. The school has an existing temporary facility nearby, which will be shuttered once
occupancy is taken up in this newly planned building. They currently have 250+ children enrolled, with
an additional 175 wait listed due to capacity limits reached at temporary location. Students attending
are provided tuition free education since Excelsior Charter Academy is a Miami-Dade District School
partner. Some students will qualify for food assistance and this facility is eligible for District School bus
service. The applicant is seeking rezoning of the property from R-1, Single Family Residential to NC,
Neighborhood Commercial in order to bring the property into compliance with the current LDRs and
allow for the development of the charter school that would not be permitted in the R1- Single Family
Residential district. The development of the charter school will be subject to site plan approval.
Analysis
The proposed rezoning of the property to NC, Neighborhood Commercial is consistent with the policies
and objectives of the City’s Comprehensive Development Master Plan (CDMP), and satisfies Section 34-
49(f) of the City’s Land Development Regulations (LDRs) which establishes the criteria for granting of
amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map
designation of a parcel or parcels. Additionally, the requested variances will not be contrary to the
purpose and intent for the granting of variances and waivers stated in Section 34-47 of the Land
Development Regulations.
Proposed Action:
Recommend adoption of the Ordinance.
Page 116 of 134
Attachments: Exhibit “A” – Legal Description
Exhibit “B” – Staff Recommendation
Page 117 of 134
Added language is underlined. Deleted language is stricken through.
1
ORDINANCE NO. 2015_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, APPROVING THE
APPLICATION SUBMITTED BY FLORIDA EDUCATION
PROPERTIES ROLLING OAKS, LLC. FOR THE
PROPERTY LOCATED AT 18200 N.W. 22ND AVENUE,
MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”
ATTACHED HERETO, FROM R-1 SINGLE FAMILY
RESIDENTIAL TO NC, NEIGHBORHOOD COMMERCIAL;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Florida Education Properties Rolling Oaks, LLC. (“Applicant)
is the owner of that certain property located at 18022 N.W. 22nd Avenue, more
particularly described on Exhibit “A” (Parcel”), and
WHEREAS, the Applicant is requesting a rezoning of the Parcel which is
zoned R-1, Single Family Residential to NC, Neighborhood Commercial to bring
the property into compliance with the City’s Land Development Regulations and
build a 30,000 SF charter school on the northern part of the site, and
WHEREAS, the City’s Planning and Zoning Staff has made a
determination that the application is consistent with the Comprehensive
Development Master Plan, and recommends approval of the application, and
WHEREAS, the City Council has considered the testimony of the
Applicant if any, and
WHEREAS, the City Council also considered that testimony of the City’s
Planning and Zoning staff and the staff report attached hereto as Exhibit “B” and
incorporated in by reference,
Page 118 of 134
Added language is underlined. Deleted language is stricken through.
2
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. APPROVAL: The City Council of the City of Miami Gardens,
Florida hereby approves the application submitted by Applicant for the rezoning of
property located at 18200 N.W. 22nd Avenue, more particularly described on
Exhibit “A” from R-1, Single Family Residential to NC, Neighborhood
Commercial.
Section 3. CONFLICT: All ordinances or Code provisions in conflict
herewith are hereby repealed.
Section 4. SEVERABILITY: If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 5. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE 25TH DAY OF MARCH, 2015.
PASSED ON SECOND READING ON THE ____ DAY OF _________,
2015.
Page 119 of 134
Added language is underlined. Deleted language is stricken through.
3
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF
______________, 2015.
________________________________
OLIVER GILBERT, III, MAYOR
ATTEST:
_________________________________
RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: __________________
Second by: _________________
VOTE: _________
Mayor Oliver Gilbert , III ____ (Yes) ____ (No)
Vice Mayor Felicia Robinson ____ (Yes) ____ (No)
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)
Councilman David Williams Jr ____ (Yes) ____ (No)
Councilwoman Lisa Davis ____ (Yes) ____ (No)
Councilman Rodney Harris ____ (Yes) ____ (No)
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)
Page 120 of 134
Exhibit “A” NC, Neighborhood Commercial Use Amendments
Sec. 34-287. Use regulations, generally.
See additional requirements and criteria for specific uses set forth in section 34-288 and master use list,
appendix A in section 34-733.
Table 1: Permitted Uses
Zoning Districts/Uses R-
1
R-
2
R-
15
,
R-
25
,
R-
50
NC PCD TCO
(§
34-
474
OF I-
1
I-
2
PDAUGP
Residential Type Uses
Assisted Living Facility (ALF)* SESESESE SE □ SE □ □ P □ □
Community residential facility up to 6 residents* P P P P P P □ □ □ P □ □
Community residential facility 7 to 14 residents * SESESESE SE □ SE □ □ P □ □
Community residential facility greater than 15 and
more *
SESESESE SE □ SE □ □ P □ □
Day care center—adult □ □ □ P SE □ □ □ □ □ □ □
Dormitories, Fraternity or Sorority house, on
campus, off-campus
□ □ □ □ □ □ □ □ □ P □ □
Family day care home, 5 children or less P P P P P P □ □ □ □ □ □
Farm worker housing □ □ □ □ □ □ □ □ □ □ SE □
Halfway house, treatment facility SESE □ SE SE □ SE □ □ □ □ □
Home occupation office* P P P □ P P □ □ □ P P □
Hotels, Motels, Lodging* □ □ □ □ P P □ P P P □ □
Mobile home, Manufactured homes* □ □ □ □ □ □ □ □ □ P □ □
Residential—mixed-use residential* □ □ □ □ P P □ □ □ P □ □
Residential—multifamily residential* □ □ P □ SE SE □ □ □ P □ □
Residential—single-family-detached residential* P P P □ □ □ □ □ □ P □ □
Residential—townhouse* □ □ P □ □ SE □ □ □ P □ □
Residential—two-family residential* □ P P □□ □ □ □ □ P □ □
Transient Housing—shelters □ □ □ □ SE □ □ □ □ □ □ □
Public And Institutional Type Uses
Page 121 of 134
Airport, airfield, heliport, related uses—public,
private*
□ □ □ □ □ □ □ □ □ P □ P
Community centers □ □ □ □ □ P □ □ □ P □ P
Cultural and civic facilities—libraries, museums □ □ □ P P P □ □ □ P □ P
Detention facility □ □ □ □ □ □ □ □ □ P □ P
Educational and child care facilities—non-public*
(includes charter)
SESESEP P P P P P P SEP
Educational facilities—college or university -private;
main campus*
SESESESE SE SE SE □ □ P □ P
Educational facilities—public P P P P P P P P P P P P
Educational facilities—technical, vocational,
specialty—non-public
□ □ □ P P P SE P P P □ P
Government facilities, including administrative,
support and service
□ □ □ □ □ P □ □ □ P □ P
Hospital—private, public □ □ □ □ SE P □ □ □ P □ P
Public parks and recreational facilities P P P P P P P P P P P P
Public safety facility P P P P P P P P P P P P
Sewage lift or pumping station* P P P P P P P P P P P P
Solid waste transfer station □ □ □ □ □ □ □ P P P P
Transit station □ □ □ □ □ SE □ □ □ □ □ P
Utilities and related facilities □ □ □ □ □ SE □ □ □ □ □ P
Water plant, waste water plant □ □ □ □ □ □ □ □ □ □ □ P
Reserved
□ □ □ □ □ □ □ □ □ □ □ □ □
□ □ □ □ □ □ □ □ □ □ □ □ □
Vehicle Related Commercial Type Uses
Car wash—enclosed* □ □ □ P P □ □ P P □ □ □
Car wash—outside, hand wash* □ □ □ □ P □ □ P P □ □ □
Parking Garage. Lot—commercial □ □ □ P P P P P P P □ P
Rental—automobile only □ □ □ □ P □ □ P P □ □ □
Rental—Truck and other vehicles □ □ □ □ P □ □ P P □ □ □
Transit, passenger terminals. □ □ □ □ SE SE SE SE SE P □ □
Vehicle Fueling stations and sales □ □ □ P P □ □ P P □ □ □
Vehicle major repair—mechanical, body □ □ □ □ P □ □ P P □ □ □
Vehicle minor repair—mechanical, service □ □ □ □ P □ □ P P □ □ □
Page 122 of 134
Vehicle—parts sales and installation and service—
new
□ □ □ □ P □ □ P P □ □ □
Vehicle—parts sales and installation—used □ □ □ □ SE □ □ □ SE SE □ □
Vehicle sales—new automobiles □ □ □ □ P □ □ P P □ □ □
Vehicle sales—used automobiles □ □ □ □ SE □ □ SE SE □ □ □
Recreation, Entertainment Type Uses
Amusement parks, stadiums, arenas, Marinas* □ □ □ □ □ P □ □ □ P □ □
Arcade, video games, electronic gaming □ □ □ SE P P □ □ □ □ □ □
Camp grounds, RV parks* □ □ □ □ □ □ □ □ □ P SE □
Casino Gaming Facility □ □ □ □ □ □ □ □ □ P □ □
Golf course, driving range P P P □ □ □ □ □ □ P P □
Golf, miniature □ □ □ P P P □ □ □ P □ □
Gun, pistol range, gun clubs, archery clubs—indoor,
outdoor
□ □ □ □ SE □ □ SE SE □ □ □
Race track—horse, dog, car □ □ □ □ □ □ □ □ □ P □ □
Riding clubs—horses, off-road vehicles, motorcycles □ □ □ □ □ □ □ □ □ P SE □
Sports fields, batting cages, basketball courts, racket
ball courts, sporting activities, bowling alleys—
indoor
□ □ □ SE SE SE □ P P P □ □
Sports fields, batting cages, basketball courts, racket
ball courts, sporting activities—outdoor
□ □ □ SE SE SE □ P P P SE
Restaurant, Food And Beverage Service Type Uses
Adult entertainment establishment* □ □ □ □ □ □ □ P □ □ □ □
Catering Service* □ □ □ □ P P P P P □ □ □
Nightclub, Discotheque, Club, Cabarets. □ □ □ □ SE SE □ SE SE SE □ □
Restaurant—sports bar, amusement restaurant/bar,
coffee/sandwich shop, cafeteria, outdoor cafe*
□ □ □ P P P P P P P P □
Places Of Assembly Type Uses*
(See section 9-20 under "Places of Assembly)
Auction House—indoor □ □ □ P P P □ P P □ □ □
Banquet hall □ □ □ P P P □ P P □ □ □
Funeral Homes □ □ □ P P P □ P P □ □ □
Place of religious assembly □ □ □ P P P □ P P □ □ □
Private clubs, not public □ □ □ P P P □ P P □ □ □
Theater (movie, performing arts) □ □ □ P P P □ P P □ □ □
Commercial Type Uses
Page 123 of 134
Convenience store □ □ □ P P P □ P P P □ □
Donated goods Center—new/used* □ □ □ SE P P □ P P □ □ □
Drug, Pharmacy store □ □ □ P P P □ P P P □ □
Flea market □ □ □ □ SE SE □ SE SE □ □ □
Food specialty store □ □ □ P P P □ P P P □ □
Grocery store □ □ □ P P P □ P P P □ □
Liquor package store* □ □ □ □ P P □ P P □ □ □
Pawn shop □ □ □ □ SE □ □ SE SE □ □ □
Plant nursery, retail or wholesale * □ □ □ SE P □ □ P P □ □ □
Retail—big box, club membership, department □ □ □ □ P P □ P P P □ □
Retail—general, single use □ □ □ P P P □ P P P □ □
Retail—Home improvement, building materials* □ □ □ P P P □ P P P □ □
Secondhand merchandise store/consignment store □ □ □ □ SE SE □ SE SE □ □ □
Office Type Uses
Call center □ □ □ □ P P P P P P □ □
Office—business, sales, professional, semi-
professional services
□ □ □ P P P P P P P □ □
Office—medical office/medical clinic □ □ □ P P P P P P P □ □
Service Type Uses
Animal grooming and pet sitting—indoor □ □ □ P P P □ P P □ □ □
Animal Hospital/Veterinarian clinic □ □ □ P P □ P P P □ □ □
Animal kennel, boarding* □ □ □ □ SE □ □ SE SE □ P □
Animal shelters □ □ □ □ SE □ □ P P □ □P □
Blood banks, diagnostic medical treatment centers □ □ □ P P P P P P □ □ □
Check cashing, bill payments □ □ □ □ P P P P P □ □ □
Copy, printing center □ □ □ P P P P P P P □ □
Cosmetic Surgery, beauty clinics □ □ □ P P P P P P P □ □
Customer service center □ □ □ P P P P P P □ □ □
Dry cleaning □ □ □ P P P □ P P P □ □
Equipment and tool rental □ □ □ P P P □ P P □ □ □
Financial institution - banks, credit unions,
investment brokerage establishments*
□ □ □ P P P P P P P □ □
Health club, fitness club □ □ □ P P P □ □ P P □ □
Laundromat, self-service □ □ □ □ P P □ □ P P □ □
Package shipping, mail service □ □ □ P P P P P P P □ □
Page 124 of 134
Personal care services □ □ □ P P P □ P P P □ □
Repair and service shop—general merchandise □ □ □ P P P □ P P P □ □
Self service storage facility □ □ □ □ SE SE □ P P P □ □
Studios—photographic, and instructional □ □ □ P P P □ P P P □ □
Tattoo parlor, body piercing □ □ □ □ P P □ P P □ □ □
Other Uses
Cemetery, mausoleums, crematory* SESESE □ □ □ SE SE SE SE □
Wireless Antennas and support services* SESESESE SE SE SE P P P SEP
Industrial Type Uses
Distribution center □ □ □ □ □ □ □ P P □ □ □
Dry cleaning—commercial laundry plant □ □ □ □ □ □ □ P P □ □ □
Industrial uses—heavy □ □ □ □ □ □ □ P P □ □ □
Industrial uses—light □ □ □ □ □ □ □ P P □ P □
Laboratory—medical, research, testing □ □ □ □ □ □ □ P P □ □ □
Mining/extraction, rock quarry □ □ □ □ □ □ □ SE SE □ □ □
Outdoor Storage, open air storage*
(See section 10-10 for Special Requirements)
□ □ □ □ SE □ □ P P □ □ □
Radio and transmitting station □ □ □ SE SE SE □ P P □ □ P
Recycling facility, Refuse disposal □ □ □ □ □ □ □ P P □ □ □
Salvage yard, junkyard □ □ □ □ □ □ □ P P □ □ □
Self-storage facility □ □ □ □ SE □ □ P P P □ □
Showrooms, retail sales □ □ □ P P P □ P P P □ □
Showrooms, wholesale sales □ □ SE SE SE □ P P P □ □
Studio for movie, television, music production □ □ □ □ SE SE □ P P □ □ □
Warehouse □ □ □ □ □ □ □ P P P □ □
Agricultural Type Uses
Farms—produce, livestock □ □ □□ □ □ □ □ □ □ P □
Greenhouses—nurseries, retail □ □ □P P □ □ □ □ □ P □
Outdoor storage—agriculture* (No extra standard
in section 9-20)
□ □ □□ □ □ □ P P □ P □
Packing facilities—small*
(No extra standard in section 9-20)
□ □ □□ □ □ □ □ □ □ P □
Farmer's market* P*P*P
*
P* P* P* P* P* P* P*P*P*
Packing facilities—large* □ □ □□ □ □ □ □ □ □ SE □
Page 125 of 134
Seed drying facility □ □ □□ □ □ □ □ □ □ P □
Urban agricultural gardens* SESES
E
SE SE SE □ □ □ □ P □
Wineries, vineyards* □ □ □□ □ □ □ □ □ □ P □
(Ord. No. 2010-10-218, § 2(9-10), 4-7-2010; Ord. No. 2011-02-244, § 2(App
Page 126 of 134
PZ-2014-000536
Rolling Oaks Education Centre
STAFF RECOMMENDATION
PZ-2014-000536
APPLICATION INFORMATION
Applicant: Florida Education Properties Rolling Oaks, LLC
f.k.a. Greater Love missionary Baptist Church, Inc.
Property Location: 18200 NW 22nd Avenue
Property Size: 2.52 ac
Future Land Use: Neighborhood
Existing Zoning: R-1 Single Family Residential
Requested Action(s):
1. Rezone to NC, Neighborhood Commercial;
2. Variance of Section 34-342 to allow 52 ft./3 stories where 35 ft./2
stories is the maximum height permitted; and
3. Variance of Section 34-288 (18)(g)(1) to allow 12,400 SF Recreation
playground/play area where 215,915 SF is required.
RECOMMENDATION:
Staff recommends granting the rezoning from R-1, Single Family Residential to NC, Neighborhood Commercial
and variance requests approval if the rezoning is granted.
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Site Neighborhood R-1, Single Family Residential
Place of Religious
Assembly, and
Institutional
North Neighborhood NC- Neighborhood Commercial Vacant, religious
assembly and
Automotive (gas
station)
South Neighborhood R-1, Single Family Residential Single Family
Residential
East Neighborhood GP- Government Property and R-1,
Single Family Residential
Vacant and Single
Family Residential
West Neighborhood R-25 Multiple Family Residential and
R-1, Single Family Residential
Multiple Family
Residential
Page 127 of 134
PZ-2014-000536
Rolling Oaks Education Centre
Project Summary/Background
The property is 2.52 acres in size and currently developed with a 1,295 SF daycare and a 4,430 SF
place of religious assembly.
The applicant is requesting a rezoning of the property from R-1, Single Family Residential to NC,
Neighborhood Commercial in order to bring the property into compliance with the City’s Land
Development Regulations and build a 30,000 SF charter school on the northern part of the site.
The proposed charter school addition will house 600 K-12th grade students.
Applicant states that the School shall be operated by Excelsior Charter Academy. The school has
an existing temporary facility nearby, which will be shuttered once occupancy is taken up in this
newly planned building. They currently have 250+ children enrolled, with an additional 175 wait
listed due to capacity limits reached in temporary location. Students attending are provided tuition
free education since Excelsior Charter Academy is a Miami-Dade District School partner. Some
students will qualify for food assistance and this facility is eligible for District School bus service.
Rezoning to NC, Neighborhood Commercial allows the place of religious assemble, daycare and
charter school. The existing church and daycare established at this location prior to the
adoption of the LDR’s and are therefore defined by zoning as a legal non-conforming uses.
The development of the charter school will be subject to site plan approval.
The NC, Neighborhood Commercial zoning district was amended on June 2014 in order to
protect the residential neighborhoods usually abutting and adjacent to properties zoned NC,
Neighborhood Commercial. The amendments removed certain uses deemed to be potentially
detrimental or intrusive in the NC, Neighborhood Commercial zoning district when located
within or adjacent to residential properties. Some other uses have been amended to require a
special exception approval from the City Council before they are permitted to be located in the
NC, Neighborhood Commercial district.
REZONING TO NC, NEIGHBORHOOD COMMERCIAL
Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP)
The primary objective of the Neighborhood designation as outlined in Objective 1.2 of the
Comprehensive Development Master Plans is as follows: “The Neighborhood land use designation
applies to areas intended for low and medium density residential development with supporting
commercial and office uses. The designation of Neighborhood is specifically intended to protect single
family homes from encroachment or intrusion from incompatible land uses”.
Staff Comment: The property has been developed and established with the place of religious assembly
and daycare prior to the adoption of the City’s LDRs; both uses have been established as part of the
neighborhood and with minimal impacts to the surrounding area. The proposed charter school will be
located on the northern portion of the site and rezoning of the property is a supportive neighborhood
use with no indication of encroachment or intrusion. Parking has been calculated with existing daycare
and proposed charter school operating at 100% during operating hours, Monday through Friday.
Existing place of religious assembly does not operate on those days and only shares parking with the
daycare on Sunday, which should not increase the amount of traffic to the site.
Page 128 of 134
PZ-2014-000536
Rolling Oaks Education Centre
Zoning Review and Analysis
The City Council may grant the rezoning of a property subject to meeting the criteria set forth in Section
34-49(f) of the City’s Land Development Regulations:
“(f) Criteria for granting of amendments or adoption of changes to the text of the LDRs, or change
of the actual official zoning map designation of a parcel or parcels. The detriments or benefits of
amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map
designation of a parcel or parcels shall not be denied consideration on the grounds that they are indirect,
intangible or not readily quantifiable. In evaluating the application, among other factors related to the
general welfare, the following shall be considered:
(1) The development permitted by the application, if granted, conforms to the city's comprehensive
development master plan; is consistent with applicable area or neighborhood studies or plans,
and would serve a public benefit warranting the granting of the application at the time it is
considered;
Staff Comment: The proposed rezoning is generally consistent with the Goals, Objectives and
Policies of the City’s CDMP. The religious assembly use and daycare have established in the
neighborhood prior to the adoption of the LDRs and is an appropriate transition between the
low and medium density residential and the commercial uses adjacent to the property. Charter
schools are privately managed schools that operate similarly to a public school with the intent of
providing higher quality tuition free education.
(2) The development permitted by the application, if granted, will have a favorable or unfavorable
impact on the environmental and natural resources of the city, including consideration of the
means and estimated cost necessary to minimize the adverse impacts; the extent to which
alternatives to alleviate adverse impacts may have a substantial impact on the natural and
human environment; and whether any irreversible or irretrievable commitment of natural
resources will occur;
Staff Comment: The proposed rezoning will not affect natural resources in the City. The
proposed charter school encourages the development of community connections through
sharing of facilities and common open space with the existing uses on the site.
(3) The development permitted by the application, if granted, will have a favorable or unfavorable
impact on the economy of the city;
Staff Comment: The rezoning will have a favorable impact upon the City’s economy offering
additional services to the neighborhood. The proposed charter school will provide additional
educational options for the neighborhood and surrounding areas while enhancing community
appeal.
(4) The development permitted by the application, if granted, will efficiently use or unduly burden
water, sewer, solid waste disposal, recreation, education or other necessary public facilities
which have been constructed or planned and budgeted for construction;
Staff Comment: The rezoning will not have unduly impact upon water, sewer, drainage,
education or recreation facilities.
(5) The development permitted by the application, if granted, will efficiently use or unduly burden or
affect public transportation facilities, including mass transit, roads, streets and highways which
Page 129 of 134
PZ-2014-000536
Rolling Oaks Education Centre
have been constructed or planned and budgeted for construction, and if the development is or
will be accessible by public or private roads, streets or highways.”
Staff Comment: The rezoning will not impact public transportation facilities, streets or
highways and the site is accessible by public roads. The proposed parking lot consists of 90
parking spaces which meet the dimensional requirements set forth in Section 34-382. Required
amount of parking has been calculated with Existing Daycare and Proposed School operating at
100% during operating hours, Monday through Friday. Place of religious assembly does not
operate on these days, and does not technically “share” parking with the proposed school.
Conclusion:
The proposed rezoning of the property to NC, Neighborhood Commercial is consistent with the policies
and objectives of the City’s Comprehensive Development Master Plan (CDMP), and satisfies Section 34-
49(f) of the City’s Land Development Regulations (LDRs) which establishes the criteria for granting of
amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map
designation of a parcel or parcels. NC-Neighborhood Commercial zoning designation will allow the
established place of religious assembly and daycare to continue operating in compliance with the City’s
LDRs. The rezoning to will also allow the charter school which represents additional educational options
for the neighborhood and surrounding areas while enhancing community appeal.
Anticipated Facilities Impact
DRC (Development Review Committee): Prior to building permit issuance the site plan is reviewed for
anticipated impacts and any mitigation thereof.
General: Concurrency determinations are not finalized during the zoning approval process.
VARIANCE REQUESTS Variance of Section 34-342 to allow 52 ft./3 stories where 35 ft./2 stories
is the maximum height permitted;
Variance of Section 34-288 (18)(g)(1) to allow 12,400 SF Recreation
playground/play area where 215,915 SF is required.
The City Council may grant variances and waivers subject to the property meeting the criteria set forth in
Section 34-47 of the City’s Land Development Regulations:
Sec. 34-47. - Granting of variances and waivers.
(a) Purpose and intent. A variance or waiver of the code is a departure from the dimensional or numerical
requirements of this chapter where such variance or waiver will not be contrary to the public interest and
where, owing to conditions peculiar to the property and not as a the result of the action of the applicant, a
literal enforcement of the requirement would result in unnecessary and undue hardship. Establishment or
expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted
due to the presence of nonconformities in the zoning district or adjoining zoning districts.
(b) Authorized variances and waivers. The zoning appeals board shall have the authority to grant the
following variances:
(1) A variance in the numerical yard or area requirements of any district where there are unusual
and practical difficulties in carrying out these provisions due to an irregular shape of the lot,
topography, or other conditions. However, such variance shall not seriously affect any adjoining
property or the general welfare.
Page 130 of 134
PZ-2014-000536
Rolling Oaks Education Centre
(2) A variance when an owner can demonstrate that a strict application of the terms of this chapter
relating to the construction or alteration of buildings or structures, the use of or relating to the use
of the land will impose unusual and impractical difficulties, but not reduced financial value alone.
Staff Comment
While evaluating the variance requests the following was considered:
The religious assembly use and daycare have established in the neighborhood prior to the
adoption of the LDRs. Charter school is a permitted use in the NC, Neighborhood Commercial
district the applicant is seeking to rezone.
The existing uses and proposed charter school are appropriate in size and scale for the lot and
proposed improvements will enhance the property and surrounding neighborhood. The
development of the charter school will be subject to site plan approval.
The development meets or exceeds all other development standards, including but not limited
to, setbacks and landscape as set forth in Section 34-342 and Article XIV of the LDRs.
Charter schools are privately managed schools that operate similarly to a public school with the
intent of providing higher quality tuition free education. They are part of the state’s program of
public education and the School Board oversees their programing. Furthermore, as of July 1,
2011, state statutes require that local governing authorities must treat charter schools equitably
in comparison to similar requirements, restrictions, and processes imposed upon public schools
that are not charter schools.
Staff has confirmed with the State Office of Educational Facilities that there is no requirement
for recreation area for public school facilities.
Staff has confirmed with Miami Dade County Charter School Operations that charter schools are
not required recreation area.
Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP)
The application is consistent with the following objectives and policies of the CDMP:
Objective 1.3:Non-Public Schools
The City shall work with non-public, charter and private school facilities to provide alternatives to its
residents.
Policy 1.3.1: Investigate opportunities for creating charter schools within the City.
Policy 1.3.2: Facilitate developers/applicants in widening their options to fund and/or construct new school
facilities to meet the public education demand within the City.
Staff Comment: The site is surrounded by residential and other neighborhood commercial uses.
The variance requests if granted, will allow the applicant to develop the site with the charter school
addition which will enhance the appearance of the site overall and the neighborhood. Additionally, the
neighborhood will benefit from additional educational opportunities. Schools are typically compatible
Page 131 of 134
PZ-2014-000536
Rolling Oaks Education Centre
uses within residential neighborhoods since they attract families to the community and provide added
services to the neighborhood and surrounding areas.
Conclusion: Staff considers the variance requests reasonable given that the provisions for recreational
space requirements on the LDRs do not treat charter schools equitably in comparison to similar
requirements, restrictions, and processes imposed upon public schools that are not charter schools. The
place of religious assembly and daycare exist prior to the adoption of the LDRs, and requested height
increase for the proposed charter school will not alter the character of the neighborhood. Granting of the
variance requests will allow the continued reasonable use of the property and provide opportunities to
improve the appearance of the site overall.
Attachments:
Letter of Intent/Project Description
Hearing Map-Zoning
Hearing Map-Aerial
Mailed Notice Radius Map
Survey
Preliminary Site Plan
Color Rendering
Permitted Use List NC, Neighborhood Commercial
Page 132 of 134
ROLLING OAKS EDUCATION CENTER
18200 NW 22nd Ave.
Miami Gardens, FL 33056
Project Description
Rolling Oaks EDUCATION Center is a planned campus community on 2.52 acres of high visibility
property in the heart of the City of Miami Gardens in NW Miami-Dade County, FL.
The campus is being prepared for Early, Primary and Secondary education. The proposed
addition shall consist of a state of the art, 30,000 square foot education facility, built to Dept. of
Education standards.
This proposed building will house 600 K-12th grade students from the Miami Gardens, Opa-Locka
and Carol City communities. The School shall be operated by our veteran tenant, Excelsior Charter
Academy, led by the experienced Alicia Rodriguez-Bower as principal. The school has an existing
temporary facility nearby, which will be shuttered once occupancy is taken up in this newly planned
building. They currently have 250+ children enrolled, with an additional 175 wait listed due to capacity
limits reached in temporary location. Students attending are provided tuition free education since
Excelsior Charter Academy is a Miami-Dade District School partner. Some students will qualify for food
assistance and this facility is eligible for District School bus service.
This campus complex will offer unique choices and serve as host for the aforementioned
communities, as a means to relieve the strain from overcrowding and pent up demand in the nearby
surrounding public schools. Currently, there are no other Charter Schools in the City of Miami Gardens.
Access and visibility are highly accentuated from the location of this planned complex. The campus has a
strategic location, being almost equal distance from both I-95 and I-75. It also lies adjacent to the busy
east –west thoroughfare of Miami Gardens Drive, as well as just inside (3) miles from the Florida
Turnpike connection at Dolphin Stadium.
Page 133 of 134
R-1
GP
GP
GP OF
GP R-15R-25
R-25
R-25 OF
N
W
1
9
T
H
A
V
E
NW
2
4
T
H
A
V
E
N
W
2
2
N
D
A
V
E
NW 179TH ST
NW 183RD ST
NW 187TH ST
NW
2
0
T
H
A
V
E
NW 185TH ST
NW 185TH TER
NW
2
2
N
D
C
T
NW 186TH ST
NW 184TH ST
NW 179TH TER
NW 180TH TER
NW 181ST TER
NW 182ND TER
N
W
2
2
N
D
P
L
NW
2
3
R
D
A
V
E
NW
2
3
R
D
C
T
NW 181ST ST
NW 178TH ST
NW 177TH TER
NW 176TH TER
NW 178TH TER
NW
2
1
S
T
A
V
E
NW 180TH STNW
2
2
N
D
C
T
NW
2
1
S
T
A
V
E
NW
2
3
R
D
A
V
E
NW 178TH ST
NW 184TH ST
N W 1 8 6 TH ST
NW 184TH ST
NW 177TH TER
Folio Number: 34-2110-002-0010
City of Miami GardensPlanning & Zoning Division
Subject Property Zoning: R-1
March 20151 inch = 417 feet
«
R-1
NC
Subject Property
HEARING MAP: ZONING
NC NCNC
Page 134 of 134