HomeMy WebLinkAboutJune 10, 2015 City Council AgendaRegular City Council Agenda
June 10, 2015 Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: June 10, 2015
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Next Regular Meeting Date: June 24, 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 – May 27, 2015
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Councilman Erhabor Ighodaro – Special Presentation
(G) PUBLIC COMMENTS (2 minutes each)
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Regular City Council Agenda
June 10, 2015 Page 2
(H) ORDINANCE(S) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2,
ARTICLE IX, DIVISION 5 OF THE CODE OF ORDINANCES TO
ADD SECTIONS 2-797.1 THROUGH 2-797.12 TO ESTABLISH
THE “CITY OF MIAMI GARDENS SMALL BUSINESS
GROWTH PROGRAM” PURCHASING PREFERENCE;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2,
ARTICLE IX, DIVISION 5 OF THE CODE OF ORDINANCES TO
ADD SECTIONS 2-790 THROUGH 2-796 TO ESTABLISH THE
“CITY OF MIAMI GARDENS BUSINESS AND RESIDENT
ECONOMIC GROWTH PLAN” PURCHASING PREFERENCE;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) (1ST READING – MAY 27, 2015)
(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
TO PARTNER WITH THE INTERNATIONAL BLACK ARTS
BAZAAR (IBAB), TO HOST AN ART FAIR ON OCTOBER 9-11,
2015 AT THE BETTY T. FERGUSON RECREATIONAL
COMPLEX; AUTHORIZING LESTER BROWN PARK BE USED
AS OFF-SITE PARKING; WAIVING THE FACILITIES FEE FOR
BOTH FACILITIES; AUTHORIZING THE CITY TO PROVIDE
PARKS AND RECREATION EMPLOYEE STAFFING AND
POLICE OVERTIME FOR THE EVENT; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
Page 2 of 156
Regular City Council Agenda
June 10, 2015 Page 3
EFFECTIVE DATE. SPONSORED BY COUNCILMAN DAVID
WILLIAMS JR.)
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST
RESPECTIVELY THAT CERTAIN INTERLOCAL AGREEMENT
WITH THE TOWN OF MIAMI LAKES FOR STORMWATER
SERVICES 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-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING SUBSTANTIAL
AMENDMENTS TO THE CITY OF MIAMI GARDENS’ HOUSING
POLICIES, ATTACHED HERETO AS EXHIBIT A; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER)
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING A WAIVER OF
PLAT FOR THE PROPERTY LOCATED AT 1700 NW 183RD
STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT
“A”, A COPY OF WHICH IS ATTACHED HERETO; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER)
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING A WAIVER OF
PLAT FOR THE PROPERTY LOCATED AT 3468 NW 199th
STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT
“A”, A COPY OF WHICH IS ATTACHED HERETO; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING THE CRITERIA FOR
PROPERTIES ELIGIBLE FOR ADMINISTRATIVE
FORECLOSURE; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
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Regular City Council Agenda
June 10, 2015 Page 4
K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE PURCHASE ORDERS TO BLISS
PRODUCTS, INC., IN AN AMOUNT NOT TO EXCEED, ONE
MILLION SEVEN HUNDRED SIXTY-TWO THOUSAND THREE
HUNDRED FORTY-TWO DOLLARS ($1,762,342.00), FOR THE
PURCHASE AND INSTALLATION OF PLAYGROUND
EQUIPMENT, IN RELIANCE UPON MANATEE COUNTY
SCHOOL DISTRICT BID NO. 11-0014-MR, ATTACHED HERETO
AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY CITY MANAGER BENSON)
(L) RESOLUTION(S)
L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING A GRANT
MATCH IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS ($125,000.00) TOWARDS FUNDING FOR
THE AFRICAN MUSEUM OF ARTS AND CULTURAL CENTER
UPON THE AFRICAN MUSEUM OF ARTS AND CULTURAL
CENTER’S RECEIPT OF A GRANT FROM THE FLORIDA
DEPARTMENT OF STATE, THOUGH IT’S CULTURAL
FACILITIES PROGRAM; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY CITY MANAGER BENSON)
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
(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 MS REALTY GARDENS, LLC, FOR THE
REZONING OF PROPERTY GENERALLY LOCATED AT NW
159TH STREET BETWEEN 47TH AVENUE AND NW 45TH
AVENUE, MIAMI GARDENS, FLORIDA, MORE
PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED
HERETO, FROM R-2, TWO FAMILY DWELLING RESIDENTIAL
TO R-15 MULTIPLE FAMILY DWELLING RESIDENTIAL;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
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Regular City Council Agenda
June 10, 2015 Page 5
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) (1ST READING – MAY 27, 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.
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:
June 10, 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)
NA
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
Cameron Benson,
City Manager
Department:City Manager
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, DIVISION
5 OF THE CODE OF ORDINANCES TO ADD SECTIONS 2-797.1
THROUGH 2-797.12 TO ESTABLISH THE “CITY OF MIAMI GARDENS
SMALL BUSINESS GROWTH PROGRAM” PURCHASING
PREFERENCE; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;
PROVIDING AN EFFECTIVE DATE.
Staff Summary:
The City of Miami Gardens is committed to spurring economic development and stimulating small
business growth in the City. In line with this goal, the City Manager proposes creating the City of Miami
Item H-1) Ordinance
First Reading
Small Business Growth Plan
Page 6 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Gardens Small Business Growth Program (CMG-SBGP). Under this program, qualifying Small Business
Enterprise (SBE) firms will receive a ten percent preference in purchasing and contracting for certain City
contracts valued at $50,000 or below. Using the criteria set forth in the attached CMG-SBGP document,
the Procurement Director will determine eligibility to participate in the program and maintain a list of
qualifying SBE firms in the City of Miami Gardens.
The CMG-SBGP aims to increase the number of small businesses acting as prime contractors or
consultants for the City. This will increase the viability of SBEs in the City of Miami Gardens and their
ability to stimulate the local economy. This program will complement the City’s existing Local Preference
Program and the recently approved City of Miami Gardens Bussiness and Resident Economic Growth
Plan (CMG-BREP). Together, these policies and programs work together to stimulate the local economy
and improve quality of life for residents.
Proposed Action:
It is recommended the City Council adopts the City of Miami Gardens Small Business Growth Program.
Attachment:
Exhibit A - City of Miami Gardens Small Business Growth Program (CMG-SBGP).
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1
ORDINANCE NO. 2015_____ 1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, 4
ARTICLE IX, DIVISION 5 OF THE CODE OF ORDINANCES 5
TO ADD SECTIONS 2-797.1 THROUGH 2-797.12 TO 6
ESTABLISH THE “CITY OF MIAMI GARDENS SMALL 7
BUSINESS GROWTH PROGRAM” PURCHASING 8
PREFERENCE; PROVIDING FOR ADOPTION OF 9
REPRESENTATIONS; REPEALING ALL ORDINANCES IN 10
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 11
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN 12
EFFECTIVE DATE. 13
14
WHEREAS, the City of Miami Gardens is committed to spurring economic 15
development and stimulating small business growth in the City, and in line with 16
this goal, the City Manager proposes creating the City of Miami Gardens Small 17
Business Growth Program (CMG-SBGP), and 18
WHEREAS, under this Program, qualifying Small Business Enterprise 19
(SBE) firms will receive a ten percent (10%) preference in purchasing and 20
contracting for certain City contracts valued at $50,000 or below, and 21
WHEREAS, the Procurement Director will determine eligibility to 22
participate in the program and maintain a list of qualifying SBE firms in the City of 23
Miami Gardens, and 24
WHEREAS, the CMG-SBGP aims to increase the number of small 25
businesses acting as prime contractors or consultants for the City, thereby 26
increasing the viability of SBEs in the City of Miami Gardens and their ability to 27
stimulate the local economy, and 28
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2
WHEREAS, the Program will complement the City’s existing Local 1
Preference Program and the recently approved City of Miami Gardens Business 2
and Resident Economic Growth Plan (CMG-BREP), 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 4
THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 5
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 6
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 7
are hereby made a specific part of this Ordinance. 8
Section 2. AMENDMENT: Chapter 2, Article IX, Division 5 of the Code 9
of Ordinances is hereby amended to add Sections 2-797.1 through 2-797.12 as 10
follows: 11
Small Business Enterprise 12
13
Sec. 2-797.1. – Established. 14
Except where otherwise prohibited by law, the City Council hereby establishes a 15
preference in purchasing and contracting for certain small businesses located in 16
the City of Miami Gardens. 17
18
Sec. 2-797.2. – Purpose. 19
Small businesses are the engine of job growth in our economy. In general, locally 20
owned businesses recycle a much larger share of their revenue back into the 21
local economy, enriching the entire community. Therefore, the City Council has 22
determined the City shall take action to increase the participation of small 23
business enterprise (“SBE”) certified firms in City projects. This will spur 24
economic growth in the City of Miami Gardens and positively impact the City’s 25
residents. 26
Sec. 2-797.3. – Applicability. 27
This policy applies to all City of Miami Gardens certified SBEs bidding on 28
contracts valued at $50,000 or below. 29
30
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3
Sec. 2-797.4. - Exceptions. 1
The preference set forth in this article shall not apply to any of the following 2
purchases or contracts: 3
4
(a) Purchases or contracts with an estimated value of $50,001.00 or above; 5
(b) Purchases exempted by law, rule, policy or procedure from the 6
requirements for competitive solicitation/bid; 7
(c) Purchases or contracts which are funded, in whole or in part by a 8
governmental entity and the laws, regulations, or policies governing such 9
funding which prohibit application of this preference; 10
(d) Purchases made or contracts let under emergency procurement situations 11
as such are defined in the city's procurement policies and procedures or 12
as determined by city council; 13
(e) Purchases made through purchasing cooperatives or through the use of 14
existing contracts with other governmental jurisdictions, the state or 15
federal agencies; 16
(f) Any purchase exempted from the purchasing requirements in accordance 17
with the city's purchasing ordinance. 18
Sec. 2-797.5. - Objectives and definitions. 19
(a) Program objectives. 20
21
1. To ensure small Miami Gardens-based entities are provided 22
sufficient opportunities to meaningfully participate in the award of 23
City-funded contracts; and 24
25
2. To ensure entities meeting the eligibility criteria stated herein are 26
permitted to participate in the CMG-SBGP. 27
28
(b) Administrative Procedures. The Procurement Director, or his or her 29
designee, shall develop administrative procedures to fully implement the 30
provisions of this Ordinance. However, if there is any conflict between 31
the provisions of this Ordinance and those procedures, the provisions of 32
this Ordinance shall control. 33
34
(c) Program definitions. 35
1. Affiliate means any entity that is a parent or subsidiary of, or as 36
determined by the Procurement Director is related to, an entity 37
certified or seeking certification under this section. 38
2. Bid means a response to any City procurement solicitation. 39
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4
3. Bidder means an entity submitting a response to any City 1
procurement solicitation. 2
4. Broker means an entity seeking to provide goods or services to the 3
City the entity does not provide to other customers in the ordinary 4
course of its business. Where the procurement at issue primarily 5
involves the purchase of goods, an entity that does not, as 6
determined by the Procurement Director, stock in its inventory the 7
general type of goods it seeks to provide to the City is a broker. The 8
preceding sentence shall not apply when the cost of an individual 9
unit of goods addressed by the procurement exceeds twenty-five 10
thousand dollars ($25,000). 11
5. City of Miami Gardens Small Business Growth Program means all 12
requirements of this Ordinance, as well as any administrative 13
policies or procedures adopted pursuant to this Ordinance. 14
6. Commercially useful function means a SBE has direct contractual 15
responsibility for the execution of a distinct element of the work of a 16
City contract; is required to carry out its contractual responsibilities 17
by actually providing, performing, managing, and supervising the 18
work involved in contract; and does not act as a broker. 19
7. Continuous operating presence means an entity with a current 20
business tax receipt issued by the City of Miami Gardens; having a 21
physical address number and street name located within the 22
geographical limits of the City of Miami Gardens (not a P.O. Box); 23
has continuously maintained such address for at least one (1) year 24
prior to the time of application for certification; and, as determined by 25
the Procurement Director, employs sufficient employees in Miami 26
Gardens, or otherwise demonstrates it has sufficient staffing, to 27
perform the work required under a contract covered by this section. 28
A SBE may not use a government-owned facility as a business 29
address for purposes of establishing a continuous operating 30
presence. 31
8. Personal net worth means the value of the assets of an individual 32
after total liabilities (not including contingent liabilities) are deducted. 33
For purposes of SBE certification, an individual's personal net worth 34
shall not include either the individual's ownership interest in any SBE 35
applying for certification or certified by the City, or the individual's 36
equity in his or her primary place of residence. 37
9. Prime Contractor means an entity awarded a City contract. 38
10. Small Business Enterprise or SBE means an entity certified as an 39
SBE by the City as provided herein. 40
41
42
43
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Sec. 2-797.6. - Certification. 1
(a) The Procurement Director shall determine whether an entity is eligible 2
for SBE certification. 3
(b) SBE Eligibility Requirements. In determining whether an entity meets 4
the requirements for SBE eligibility, the Procurement Director shall 5
consider the gross receipts and personal net worth of both the applicant 6
and all affiliates. An entity is eligible for certification as an SBE if it 7
meets the following criteria: 8
9
1. The firm must be independent and owner operated 10
2. Eligibility is subject to the following gross revenue limitations: 11
a. The firm must not have in excess of $2 million in average 12
annual gross revenue calculated over the previous (3) 13
calendar years. 14
b. For firms in Construction Services, the firm must not have in 15
excess of $1 million in average annual gross revenue 16
calculated over the previous three (3) calendar years 17
c. For firms in Contractual Services, the firm must not have in 18
excess of $600,000 in average annual gross revenue 19
calculated over the previous three (3) calendar years 20
d. For Professional Consultants, the firm must not have in 21
excess of $200,000 in average annual gross revenue 22
calculated over the previous three (3) calendar years 23
e. Firms offering to sell commodities to the City of Miami 24
Gardens are not subject to any gross revenue limitation with 25
regard to a certification as a commodities firm 26
3. No person with a legal or beneficial ownership interest, direct or 27
indirect, with the entity or any affiliate of the entity shall have a 28
personal net worth exceeding three hundred thousand dollars 29
($300,000); and 30
4. The entity shall have a continuous operating presence in the City of 31
Miami Gardens. 32
33
(c) Discriminatory actions forbidden. No person or entity shall be denied 34
SBE certification on the basis of race, color, sex, religion, national 35
origin, disability, age, marital status, political affiliation, sexual 36
orientation, pregnancy, or gender identity and expression. 37
(d) Application for Certification. 38
1. An entity seeking certification as a SBE shall submit an application 39
demonstrating the entity meets the eligibility requirements of 40
paragraph (b) above, as applicable. In addition, the entity must 41
identify which goods or services it provides or sells in the ordinary 42
course of its business to customers other than the City. An entity will 43
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6
only be certified to provide goods or services to the City that the 1
entity also provides to other customers in the ordinary course of its 2
business. Brokers are not eligible for certification. 3
4
2. Applications for certification must be submitted in a form and manner 5
determined by the Program Director. 6
Sec. 2-797.8. – Bid preference for SBEs. 7
(a) City of Miami Gardens certified SBEs will be granted a bid preference of 8
ten percent (10%) on eligible contracts. 9
10
(b) If certified SBE also qualifies for the City of Miami Gardens local vendor 11
preference, the vendor must indicate which preference will be applied to 12
the bid. SBEs will not be allowed to apply for both preferences. 13
Sec. 2-797.9. - Participation requirements. 14
(a) SBEs may not participate in a City contract unless they are certified, at 15
the time of bid submission/opening, to perform the type of work required 16
by the contract. 17
(b) SBEs may participate in a City contract only if they are performing a 18
commercially useful function in the contract and are not acting as a 19
broker. 20
(c) The administrative procedures adopted pursuant to this Program shall 21
include procedures by which the Procurement Director will monitor SBE 22
participation on City contracts. 23
24
Sec. 2-797.10. – Enforcement. 25
26
(a) All entities bidding on or participating in City contracts subject to this 27
Program are responsible for meeting the requirements of this Program 28
and the requirements of any administrative procedures adopted 29
pursuant to this Program. If an entity fails to comply with these 30
requirements, the City may exercise any administrative remedies it has 31
under the City’s Procurement Code, administrative procedures adopted 32
pursuant to this Program, or any other right or remedy provided in the 33
contract or under applicable law, with all of such rights and remedies 34
being cumulative. 35
36
37
38
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Sec. 2-797.11. - Administrative requirements. 1
(a) Establishment of SBE Directory. The Procurement Director shall 2
maintain a directory listing all certified SBEs. The listing shall include 3
each entity's address, phone number, and the type(s) of work the entity 4
has been certified to perform as an SBE on a City contract. 5
(b) Whenever adjustments to criteria for SBE eligibility are proposed, they 6
shall be promptly published by the Procurement Director. 7
8
Sec. 2-797.12. - Decertification and appeals. 9
(a) Decertification. If the Procurement Director determines a certified entity 10
no longer meets the SBE eligibility requirements of this Ordinance, or 11
has otherwise violated the provisions of this Ordinance, the 12
Procurement Director shall send the entity a notice of decertification and 13
transmit a copy to the City Manager. 14
(b) Reapplication. An entity decertified pursuant to this section may not 15
reapply for certification until one (1) year after its decertification. 16
(c) Appeals. An entity wanting to appeal a decertification may do so in 17
writing to the City Manager within fifteen (15) days of notice of 18
decertification, who shall make the final determination. 19
20
Section 3. CONFLICT: All ordinances or Code provisions in conflict 21
herewith are hereby repealed. 22
Section 4. SEVERABILITY: If any section, subsection, sentence, 23
clause, phrase or portion of this Ordinance is for any reason held invalid or 24
unconstitutional by any court of competent jurisdiction, such portion shall be 25
deemed a separate, distinct and independent provision and such holding shall 26
not affect the validity of the remaining portions of this Ordinance. 27
Section 5. INCLUSION IN CODE: It is the intention of the City 28
Council of the City of Miami Gardens that the provisions of this Ordinance shall 29
become and be made a part of the Code of Ordinances of the City of Miami 30
Gardens and that the section of this Ordinance may be renumbered or relettered 31
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8
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 1
such other appropriate word or phrase, the use of which shall accomplish the 2
intentions herein expressed. 3
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 4
immediately upon its final passage. 5
PASSED ON FIRST READING ON THE _____ DAY OF __________, 6
2015. 7
PASSED ON SECOND READING ON THE ____ DAY OF _________, 8
2015. 9
10
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 11
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 12
______________, 2015. 13
14
________________________________ 15
OLIVER GILBERT, III, MAYOR 16
17
18
19
ATTEST: 20
21
22
_________________________________ 23
RONETTA TAYLOR, MMC, CITY CLERK 24
25
26
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 27
28
29
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 30
31
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1
Moved by: __________________ 2
Second by: _________________ 3
4
VOTE: _________ 5
6
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 7
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 8
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 9
Councilman David Williams Jr ____ (Yes) ____ (No) 10
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 11
Councilman Rodney Harris ____ (Yes) ____ (No) 12
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 13
14
15
Page 16 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
June 10, 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)
Ex: 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 X
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Cameron Benson,
City Manager
Department:City Manager
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE IX, DIVISION
5 OF THE CODE OF ORDINANCES TO ADD SECTIONS 2-790
THROUGH 2-796 TO ESTABLISH THE “CITY OF MIAMI GARDENS
BUSINESS AND RESIDENT ECONOMIC GROWTH PLAN”
PURCHASING PREFERENCE; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION
IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
The City of Miami Gardens is committed to helping residents secure and maintain gainful employment.
In line with this goal, the City of Miami Gardens is establishing a preference to businesses, in the award
Item I-1) Ordinance Second Reading Business and Resident Economic Growth Plan
Page 17 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
of contracts, when the business prepares a City of Miami Gardens Business and Resident Economic
Growth Plan (CMG-BREP). The CMG-BREP will detail how the business plans to provide employment,
training, apprenticeship and mentoring opportunities to the City’s residents. To successfully complete a
CMG-BREP, businesses must register with CareerSource South Florida and complete their CMG-BREP
with CareerSource South Florida’s designated CMG-BREP representative.
There are approximately 30,000 unemployed/under-employed job seeker residents within the City of
Miami Gardens. The CMG-BREP is meant to ensure the City’s residents benefit from the employment
opportunities created within the City. Under the CMG-BREP, dollars spent to procure goods will result in
increased employment and workforce training opportunities for members of the local community. This
will enhance the quality of life for residents of the City of Miami Gardens and ensure a well-trained and
skilled workforce for businesses in the City.
Bidders responding to solicitations exceeding $50,000 may submit a CMG-BREP. The CMG-BREP must
be submitted prior to the applicable deadline for bid submission and the bidder must adhere to any
additional CMG-BREP requirements specified in the solicitation document.
Excluded from participation are companies with contracts valued under $50,000; those exempted by
law, rule or police; contracts that are funded both fully and in part by the government; emergency
contracts; co-ops and existing contracts with other governmental jurisdictions and any other purchase
exempted from the purchasing requirements in accordance with the City’s Purchasing Ordinance.
If approved, the City’s Procurement Ordinance will be amended to contain the CMG-BREP policy.
Proposed Action:
It is recommended the City Council approve the attached Ordinance.
Attachment:
Page 18 of 156
Added language is underlined. Deleted language is stricken through.
1
ORDINANCE NO. 2015_____ 1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, 4
ARTICLE IX, DIVISION 5 OF THE CODE OF ORDINANCES 5
TO ADD SECTIONS 2-790 THROUGH 2-796 TO 6
ESTABLISH THE “CITY OF MIAMI GARDENS BUSINESS 7
AND RESIDENT ECONOMIC GROWTH PLAN” 8
PURCHASING PREFERENCE; PROVIDING FOR 9
ADOPTION OF REPRESENTATIONS; REPEALING ALL 10
ORDINANCES IN CONFLICT; PROVIDING A 11
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN 12
CODE; PROVIDING AN EFFECTIVE DATE. 13
14
WHEREAS, there are approximately 30,000 unemployed/under-employed 15
job seeker residents within the City of Miami Gardens, and 16
WHEREAS, the City of Miami Gardens is committed to helping residents 17
secure and maintain gainful employment, and in line with this goal, the City of 18
Miami Gardens is hereby establishing a preference to businesses, in the award 19
of contracts, when the business prepares a City of Miami Gardens Business and 20
Resident Economic Growth Plan (CMG-BREP), and 21
WHEREAS, the CMG-BREP will detail how the business plans to provide 22
employment, training, apprenticeship and mentoring opportunities to the City’s 23
residents, and 24
WHEREAS, to successfully complete a CMG-BREP, businesses must 25
register with CareerSource South Florida and complete their CMG-BREP with 26
CareerSource South Florida’s designated CMG-BREP representative, and 27
WHEREAS, the CMG-BREP is meant to ensure the City’s residents 28
benefit from the employment opportunities created within the City, and 29
Page 19 of 156
Added language is underlined. Deleted language is stricken through.
2
WHEREAS, under the CMG-BREP, dollars spent to procure goods will 1
result in increased employment and workforce training opportunities for members 2
of the local community, enhancing the quality of life for residents of the City of 3
Miami Gardens and ensure a well-trained and skilled workforce for businesses in 4
the City, 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 6
THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 7
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 8
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 9
are hereby made a specific part of this Ordinance. 10
Section 2. AMENDMENT: Chapter 2, Article IX, Division 5 of the Code 11
of Ordinances is hereby amended to add Sections 2-790 through 2-796 as 12
follows: 13
Sec. 2-790. – Established 14
15
Except where federal or state law or a funding restriction mandates to the 16
contrary, the City Council hereby establishes a preference in purchasing and 17
contracting for businesses preparing a City of Miami Gardens Business and 18
Resident Economic Growth Plan (CMG-BREP) detailing how the business plans 19
to provide employment, training, apprenticeship and mentoring opportunities to 20
the City’s residents. 21
22
Sec. 2-791. – Findings of fact. 23
Each year, the City spends significant amounts purchasing goods and services. 24
The dollars used to make these purchases are derived, in large part, from taxes 25
and fees imposed on local businesses. The City Council has determined the 26
funds generated in the community, to the extent possible, should be placed back 27
into the local community to aid residents in their pursuit of stable and gainful 28
employment. Currently, more than 30,000 of the City’s residents are 29
unemployed/under-employed job seekers. Therefore, increasing employment, 30
Page 20 of 156
Added language is underlined. Deleted language is stricken through.
3
training, apprenticeships and mentoring opportunities will positively impact a 1
significant amount of residents in the City of Miami Gardens. 2
3
Sec. 2.792. – Purpose; scope, applicability. 4
5
(a) The CMG-BREP is meant to ensure dollars spent to procure goods will 6
result in increased employment and workforce training opportunities for 7
members of the local community. This will enhance the quality of life for 8
residents of the City of Miami Gardens and ensure a well-trained and 9
skilled workforce for businesses in the City. 10
11
(b) This policy applies to all businesses interested in participating in City 12
procurement activities. Eligible businesses must demonstrate completion 13
of a CMG-BREP plan approved by a CareerSource South Florida 14
representative. 15
Sec. 2-793. – Policy statement; exception 16
17
In the purchase or letting of contracts for procurement of personal property, 18
materials, certain contractual services and construction of improvements to real 19
property or to existing structures, the City Council or other purchasing authority, 20
may give a preference to businesses that submit a CareerSource South Florida 21
approved CMG-BREP detailing their plan to provide employment, training, 22
apprenticeships and mentoring opportunities to City Residents. 23
24
(a) The preference set forth in this article shall not apply to any of the 25
following purchases or contracts: 26
27
(1) Purchases or contracts with an estimated value of $50,000.00 28
or less; 29
(2) Purchases exempted by law, rule, policy or procedure from the 30
requirements for competitive solicitation/bid; 31
(3) Purchases or contracts which are funded, in whole or in part by 32
a governmental entity and the laws, regulations, or policies 33
governing such funding which prohibit application of that 34
preference; 35
(4) Purchases made or contracts let under emergency procurement 36
situations as such are defined in the city's procurement policies 37
and procedures or as determined by city council; 38
Page 21 of 156
Added language is underlined. Deleted language is stricken through.
4
(5) Purchases that are made through purchasing cooperatives or 1
through the use of existing contracts with other governmental 2
jurisdictions, the state or federal agencies; 3
(6) Any purchases that are exempt from the purchasing 4
requirements in accordance with the city's purchasing 5
ordinance. 6
Sec. 2-794. – Procedures. 7
8
(a) All businesses applying for procurement preference under this policy 9
shall register with CareerSource South Florida and complete the CMG-10
BREP with CareerSource South Florida’s designated CMG-BREP 11
representative. The CMG-BREP representative will provide the bidder 12
with the information and resources necessary to satisfactorily complete 13
their CMG-BREP. At a minimum, this plan must state the number of 14
residents to be employed, training sessions to be held, apprenticeships 15
to be offered, and mentoring sessions to be administered by the 16
business. The CMG-BREP shall also provide the job descriptions for the 17
positions/internships/apprenticeships referred to in the plan and identify 18
the steps the bidder will take to ensure both Prime and Subcontractors 19
utilize and/or employ local businesses and residents in every phase of 20
the Project, from community outreach to completion. The CMG-BREP 21
shall be submitted at the time of submittal of the bid or request for 22
proposal/qualifications. 23
24
(b) Bidders responding to solicitations exceeding $50,000 may submit a 25
CMG-BREP. The CMG-BREP must be submitted prior to the applicable 26
deadline for bid submission and must be accompanied by other 27
requested bid documents. 28
29
(c) For contract awards based upon evaluation criteria pursuant to a points 30
system, CMG-BREP points shall be awarded as follows: 31
32
Bidder with a CareerSource South
Florida approved
City of Miami Gardens Business
and Resident Economic Growth
Plan
15 points
Page 22 of 156
Added language is underlined. Deleted language is stricken through.
5
1
2
3
4
2-795. - Waiver and Addition of the CMG-BREP Requirement. 5
6
The City Manager may waive this requirement if the highly technical nature of 7
the work makes completing a CMG-BREP unfeasible. The City Manager may 8
add the CMG-BREP requirement to any solicitation the City Manager deems 9
appropriate and in the best interest of the City. 10
11
2-796 – Sanctions for non-performance, inadequate performance, or 12
violation of CMG-BREP 13
14
Sanctions include: 15
(a) Applicable city contracts shall include provisions stating the nature of the 16
sanctions to be imposed on a contractor that does not perform in the 17
manner outlined in their CMG-BREP. Such sanctions shall include, but not 18
be limited to, the following: 19
20
1. Suspension of contract until contractor performs obligations, if 21
appropriate. 22
2. Default and/or termination. 23
3. Payment of $1,500.00 per employee, or the value of wages that 24
would have been earned by employees injured by contractor's 25
noncompliance, whichever is less. 26
27
(b) If any contractor attempts to comply with the provisions of this section 28
through fraud, misrepresentation or material misstatement, the city, in 29
its sole discretion, may immediately terminate the subject city contract. 30
31
Section 3. CONFLICT: All ordinances or Code provisions in conflict 32
herewith are hereby repealed. 33
Section 4. SEVERABILITY: If any section, subsection, sentence, 34
clause, phrase or portion of this Ordinance is for any reason held invalid or 35
unconstitutional by any court of competent jurisdiction, such portion shall be 36
deemed a separate, distinct and independent provision and such holding shall 37
not affect the validity of the remaining portions of this Ordinance. 38
Page 23 of 156
Added language is underlined. Deleted language is stricken through.
6
Section 5. INCLUSION IN CODE: It is the intention of the City 1
Council of the City of Miami Gardens that the provisions of this Ordinance shall 2
become and be made a part of the Code of Ordinances of the City of Miami 3
Gardens and that the section of this Ordinance may be renumbered or relettered 4
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 5
such other appropriate word or phrase, the use of which shall accomplish the 6
intentions herein expressed. 7
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 8
immediately upon its final passage. 9
PASSED ON FIRST READING ON THE 27th DAY OF MAY, 2015. 10
PASSED ON SECOND READING ON THE ____ DAY OF _________, 11
2015. 12
13
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 14
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 15
______________, 2015. 16
17
________________________________ 18
OLIVER GILBERT, III, MAYOR 19
20
21
22
ATTEST: 23
24
25
_________________________________ 26
RONETTA TAYLOR, MMC, CITY CLERK 27
28
Page 24 of 156
Added language is underlined. Deleted language is stricken through.
7
1
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 2
3
4
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 5
6
7
Moved by: __________________ 8
Second by: _________________ 9
10
VOTE: _________ 11
12
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 13
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 14
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 15
Councilman David Williams Jr ____ (Yes) ____ (No) 16
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 17
Councilman Rodney Harris ____ (Yes) ____ (No) 18
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 19
20
21
Page 25 of 156
18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
June 10, 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 Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
NA 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
David Williams Jr.,
Councilman
Department:Office of Mayor & City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY TO PARTNER WITH THE
INTERNATIONAL BLACK ARTS BAZAAR (IBAB), TO HOST AN ART FAIR ON
OCTOBER 9-11, 2015 AT THE BETTY T. FERGUSON RECREATIONAL
COMPLEX; AUTHORIZING LESTER BROWN PARK BE USED AS OFF-SITE
PARKING; WAIVING THE FACILITIES FEE FOR BOTH FACILITIES;
AUTHORIZING THE CITY TO PROVIDE PARKS AND RECREATION
EMPLOYEE STAFFING AND POLICE OVERTIME FOR THE EVENT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR
AN EFFECTIVE DATE.
Staff Summary:
Councilman Williams wishes to partner with International Black Arts Bazaar (IBAB) to bring their annual
event to the City of Miami Gardens on October 9 – 11, 2015. Artists from America, Africa, South
Item K-1) Consent Agenda
Resolution
International Black Arts Bazaar
Page 26 of 156
18605 NW 27 Avenue
Miami Gardens, Florida 33056
American and the Caribbean will be featured at Betty T. Ferguson Recreational Complex. Planned
activities are as follows:
Grant Bazaar Kick Off Cocktail Party Opening Celebration Event: October 9, 2015; paid admission;
will be held in the gymnasium
International Black Art Bazaar: October 10 -11, 2015; free to the public; will be held on field west
of the Center
Easel Talks: October 10 -11, 2015; will be held in auditorium
Bazaar Soundstage: October 11, 2015; free concert; will be held at amphitheater.
The host committee estimates 10,000 attendees will visit Miami Gardens during the Columbus Day
weekend to purchase and view art from exhibitors.
The bazaar’s goals are to provide a launching pad for new and exciting artists, allow Miami Dade County
students the opportunity to be a part of the International Art scene by attending the skill workshops,
and make Miami Gardens the center for African American, Africa, South American, and Caribbean art in
the region.
Fiscal Impact
Based on the projected attendance, Police Department and Recreation Department will require
additional staffing to ensure safety and needs for the events. The estimated staff cost is approximately
$34,818. IBAB agrees to donate a portion of ticket, vendor booth, and parking sales proceeds to the
Friends of Miami Gardens in support of science and recreation programming for school age children and
to cover staff costs. Based on past experiences, IBAB predicts the donation will be approximately
$40,000.
Proposed Action:
It is being recommended by Councilman Williams to support this resolution.
Attachment:
Attachment – A: Fact Sheet
Page 27 of 156
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO 4
PARTNER WITH THE INTERNATIONAL BLACK ARTS BAZAAR 5
(IBAB), TO HOST AN ART FAIR ON OCTOBER 9-11, 2015 AT 6
THE BETTY T. FERGUSON RECREATIONAL COMPLEX; 7
AUTHORIZING LESTER BROWN PARK BE USED AS OFF-SITE 8
PARKING; WAIVING THE FACILITIES FEE FOR BOTH 9
FACILITIES; AUTHORIZING THE CITY TO PROVIDE PARKS 10
AND RECREATION EMPLOYEE STAFFING AND POLICE 11
OVERTIME FOR THE EVENT; PROVIDING FOR THE ADOPTION 12
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 13
DATE. 14
15
WHEREAS, Councilman Williams would like for the City to partner with 16
International Black Arts Bazaar (IBAB) to host an Art event at the Betty T. Ferguson 17
Recreational Complex on October 9-11, 2015, and 18
WHEREAS, the IBAB’s goals are to provide a launching pad for new and exciting 19
artists, allowing Miami-Dade County students the opportunity to be a part of the 20
International Art scene by attending the skill workshops and making the City Miami 21
Gardens the center for African American, Africa, South American, and Caribbean art in 22
the region, and 23
WHEREAS, the host committee estimates 10,000 attendees will visit the City 24
Miami Gardens during the Columbus Day weekend to purchase and view art from 25
featured exhibitors, and 26
WHEREAS, the Grant Bazaar Kick Off Cocktail Party Opening Celebration event 27
will be held on October 9, 2015, 28
WHEREAS, the International Black Art Bazaar and Easel Talks will be held on 29
October 10-11, 2015, and will be free to the public, and 30
WHEREAS, the Bazaar Soundstage to be held on close the event on October 31
11, 2015, will be free to the public and 32
Page 28 of 156
2
WHEREAS, the Grant Bazaar Kick Off Cocktail Party and the Closing Concert 33
will be paid events, and 34
WHEREAS, Councilman Williams is recommending the use of the Betty T. 35
Ferguson Recreational Complex for this purpose, the Lester Brown Park be used as off-36
site parking, and is requesting the facility fee for these venues be waived, and 37
WHEREAS, Councilman Williams is also recommending that the City provide 38
staffing through the City’s Parks and Recreation Department and the City of Miami 39
Gardens’ Police Department, and 40
WHEREAS, it is expected that the fiscal impact to the City will be $ 34,818, which 41
will be paid from the General Fund, and 42
WHEREAS, IBAB agrees to donate a portion of ticket, vendor booth, and 43
parking sale proceeds to the Friends of Miami Gardens in support of science and 44
recreation programming for school age children and to cover staff costs. 45
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 47
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 48
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 49
made a specific part of this Resolution. 50
Section 2: AUTHORIZATION: The City Council for the City of Miami Gardens 51
authorizes the City to partner with the International Black Arts Bazaar (IBAB), to host an 52
Art Fair on October 9-11, 2015 at the Betty T. Ferguson Recreational Complex. The 53
City Council also authorizes Lester Brown Park be used as off-site parking. In addition, 54
the City Council hereby waives the facilities fee for both facilities, and authorizes the 55
City to provide parks and recreation employee staffing and police overtime for the event. 56
Page 29 of 156
3
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 57
upon its final passage. 58
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 59
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 60
61
___________________________________ 62
OLIVER GILBERT, III, MAYOR 63
64
65
66
ATTEST: 67
68
69
__________________________________ 70
RONETTA TAYLOR, MMC, CITY CLERK 71
72
73
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 74
75
76
SPONSORED BY: 77
78
Moved by: __________________ 79
80
VOTE: _________ 81
82
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 83
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 84
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 85
Councilman David Williams Jr ____ (Yes) ____ (No) 86
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 87
Councilman Rodney Harris ____ (Yes) ____ (No) 88
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 89
90
Page 30 of 156
Page 31 of 156
Page 32 of 156
Page 33 of 156
Page 34 of 156
Page 35 of 156
Page 36 of 156
18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: June 10, 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: Advertising Requirement:Yes No
Contract/P.O. Required: Yes No RFP/RFQ/Bid #:(Enter #)
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
Sponsor Name: Cameron Benson.
City Manager
Department:Development Services & Code
Compliance
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN
INTERLOCAL AGREEMENT WITH THE TOWN OF MIAMI LAKES FOR
STORMWATER SERVICES 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
In 2009, the City of Miami Gardens adopted the Floodplain Management Regulations in accordance with
Florida
Item K-2) Consent Agenda Resolution Interlocal Agreement w/ Town of Miami Lakes for Stormwater Services
Page 37 of 156
Statue Chapter 166. Pursuant to the Ordinance, a Floodplain Administrator (FA) was designated to
administer FEMA floodplain programs such as the National Flood Insurance Program (NFIP) and
Community Rating System (CRS). The (NFIP) is aimed at reducing the impact of flooding on private and
public structures. This is achieved by providing affordable insurance for property owners and by
encouraging communities to adopt and enforce floodplain management regulations. The CRS recognizes
and encourages community floodplain management activities that exceed the minimum NFIP standards.
Depending upon the level of participation, flood insurance premium rates for policyholders can be
reduced up to 45%.
On March 27, 2015 the FA retired from the City. During his tenure with the City, the FA worked to
achieve a CRS rating of 8 which translates to a 20% reduction in flood insurance premium rates for City
of Miami Gardens policyholders. Recognizing the need to continue providing floodplain administration
and in an effort to streamline the budget, a portion of the FA essential functions i.e. plan review and
inspections were redistributed among existing City staff. Staff solicited technical assistance in
administration of the City’s CRS and NFIP programs from the Town of Miami Lakes pursuant to Florida
Statues Section 163.01, that allows local governments to make the most efficient us of their powers to
enable them to cooperate with each other, when mutually advantageous, in providing services and
facilities in the best interest of the public.
Current
On May 5, 2015, the Town of Miami Lakes passed Resolution XXXX attached hereto in Exhibit “A”, to
provide floodplain management services and technical support services to the City. Staff from both
municipalities have prepared a draft Interlocal Agreement specifying the terms and conditions for the
Town of Miami Lakes to provide Floodplain Administration services to include CRS and NFIP programs
within the City of Miami Gardens municipal boundaries. A resolution authorizing the City Manager to
negotiate and execute the Interlocal Agreement is needed. Services are expected to commence
immediately after both parties have executed the Interlocal Agreement.
Fiscal Impact
As a result of savings from the Floodplain Manager position, the City Manager will allocate up to $50,000
for services render by the Town of Miami Lakes for each fiscal year.
Proposed Action:
It is recommended the City Council approve the attached resolution authorizing the City Manager to
negotiate and execute the Interlocal Agreement with the Town of Miami Lakes for the provision of
Floodplain Management Services.
Attachment:
Exhibit “A” – Town of Miami Lakes Resolution
Page 38 of 156
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 CITY CLERK TO EXECUTE AND ATTEST 5
RESPECTIVELY THAT CERTAIN INTERLOCAL AGREEMENT 6
WITH THE TOWN OF MIAMI LAKES FOR STORMWATER 7
SERVICES ATTACHED HERETO AS EXHIBIT “A;” PROVIDING 8
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR 9
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 10
EFFECTIVE DATE. 11
12
WHEREAS, in 2009, the City of Miami Gardens adopted the Floodplain 13
Management Regulations in accordance with Chapter, 166, Florida Statutes, and 14
WHEREAS, pursuant to the Ordinance, a Floodplain Administrator (FA) must be 15
designated to administer FEMA floodplain programs such as the National Flood 16
Insurance Program (NFIP) and Community Rating System (CRS), and 17
WHEREAS, City staff has solicited technical assistance in administration of the 18
City’s CRS and NFIP programs from the Town of Miami Lakes pursuant to Florida 19
Statutes Section 163.01, which allows local governments to make the most efficient us 20
of their powers to enable them to cooperate with each other, when mutually 21
advantageous, in providing services and facilities in the best interest of the public, and 22
WHEREAS, Town of Miami Lakes has adopted a Resolution authorizing the 23
Town to enter into an Interlocal Agreement with the City of Miami Gardens to provide 24
floodplain management services and technical support services to the City, and 25
WHEREAS, the City Manager is recommending that the City enter such an 26
agreement with the Town, 27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 29
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Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 30
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 31
made a specific part of this Resolution. 32
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 33
hereby authorizes the City Manager and City Clerk to execute and attest respectively 34
that certain Interlocal Agreement with the Town of Miami Lakes for stormwater services. 35
attached hereto as exhibit “A.” 36
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 37
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 38
be maintained by the City, and one to be delivered to the Town of Miami Lakes. 39
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 40
upon its final passage. 41
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 42
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 43
44
___________________________________ 45
OLIVER GILBERT, III, MAYOR 46
47
48
49
ATTEST: 50
51
52
__________________________________ 53
RONETTA TAYLOR, MMC, CITY CLERK 54
55
56
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57
58
59
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 60
61
Moved by: __________________ 62
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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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Interlocal Agreement-Floodplain Management 2015
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MIAMI GARDENS AND THE TOWN OF MIAMI LAKES
FOR FLOODPLAIN MANAGEMENT SERVICES AND TECHNICAL SUPPORT SERVICES
THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into this _____ day
of ___________, 2015, by and between the City of Miami Gardens, Florida (the “City”), a Florida
municipal corporation, and the Town of Miami Lakes, Florida (the “Town”), a Florida municipal
corporation, who are jointly referred to herein as the Parties.
WITNESSETH
WHEREAS, the City and the Town agree to enter into an Interlocal Agreement pursuant to
Section 163.01, Florida Statutes, that allows local governments to make the most efficient use of their
powers to enable them to cooperate with each other, when mutually advantageous, in providing services
and facilities in the best interest of the public; and
WHEREAS, pursuant to Miami Gardens, Florida, Resolution No. , the City has authorized
and approved the execution of this Agreement; and
WHEREAS, pursuant to Town of Miami Lakes, Florida, Resolution No. , the Town has
authorized and approved the execution of this Agreement; and
WHEREAS, the Town operates floodplain management services within the Town’s Building
Department; and
WHEREAS, the Town has expressed an interest in contracting with the City to perform
floodplain management services; and
WHEREAS, the City and the Town have established a mutually beneficial proposal that provides
for additional revenue to the Town, while fulfilling the need for floodplain management services to the
City.
NOW THEREFORE, for and in consideration of the terms, conditions and covenants contained
herein, the City and the Town agrees as follows:
1. Purpose: The Town hereby agrees to provide floodplain management services and technical
support services (the “Scope of Services” or “Services”) to the City, pursuant to the Scope of
Services described and attached hereto in Exhibit “A” and incorporated herein, in accordance
with the terms and conditions of this Agreement.
2. Term: The Town will provide the Services for a period of three (3) years, commencing ten (10)
days from the date of execution of this Agreement by both Parties.
3. Option to Renew: The Parties reserve the right to renew this Agreement for a two (2) year term
upon the mutual consent and written agreement of both Parties.
4. Cancellation: This Agreement may be canceled by either Party, with or without cause, by
providing sixty (60) days written notice of the intent to terminate during which time the Town
shall continue to provide services and the City shall pay for the actual Services provided. Upon
the expiration of sixty (60) days, the Town shall have no further obligation to provide any
Services to the City, this Agreement shall terminate and the Parties shall be released from all
further obligations. It shall be the responsibility of the Town to provide for the floodplain
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Interlocal Agreement-Floodplain Management 2015
management services and the community rating system coordination. The Town shall transfer all
records of administrative and professional work created or maintained during the term of this
Agreement to the City. Once transferred, it shall be the sole responsibility of the City to retain all
public records and respond to all requests for public records pursuant to the Florida Public
Records Act received by the City of Miami Gardens.
5. Scope of Service: The Town agrees to provide the Services as detailed in the “Scope of Services”
attached hereto as Exhibit “A” of the Agreement. The scope of services may be modified from
time to time by mutual consent of the Town Manager of Miami Lakes and the City Manager of
Miami Gardens.
6. Neither Party shall be liable for any delay or failure to perform under this Agreement if such
delay or failure is neither the fault of the Party, its employees or agents, or the delay is due to acts
of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond
the Party’s control, or for any of the foregoing that affects subcontractors or suppliers, if no
alternate source of supply is available. In the event of delay from the foregoing causes, the Party
shall take all reasonable measures to mitigate any and all resulting delay or disruption in the
Party’s performance obligation under this Agreement. If the delay or disruption in performance
is excusable under this paragraph, the delay will not result in any additional charge or cost under
the Agreement to either Party.
7. Program Manager(s): The Town’s Program Manager(s) and primary point of contact(s) under
this Agreement are Lourdes Rodriguez, the Town’s Permit Supervisor for the Building
Department, and Eliezer Palacio, the Town’s Building Official. The City’s Program Manager
will be designated by the Miami Garden’s City Manager.
8. Insurance: During the term of this Agreement, including renewal(s) and extensions, the Parties
shall, at each Party’s sole expense, maintain insurance coverage with such terms and limits as
may be reasonable to fully compensate the other Party in the event of a breach of the terms of this
Agreement, including but not limited to commercial general liability, premises liability, casualty,
workers’ compensation and employers’ liability insurance. A self-insurance program established
in accordance with the laws of the State of Florida may provide such coverage. Providing and
maintaining adequate insurance coverage is a material obligation of each Party and failure to
maintain such coverage is a breach of this Agreement.
9. Rates, Charges and Work Order Authorization: The City shall issue a work order for each
project to be performed by the Town. The work order authorization will be on a time and
materials basis pursuant to the rates based on the salary, benefits and a reasonable overhead
amount to be negotiated by the respective City and Town Managers.
10. Billing and Payment: The Town agrees that it will bill the City on a monthly basis per the rates
approved as per Section 9 of this Agreement. Approval of any invoice by the City shall be within
thirty (30) days from the date of the invoice, unless the City disputes or denies the invoice in
whole or in part. If denied in part, the City shall pay the undisputed amount of the invoice.
11. Ownership and Access to Records and Audits: All records, books, documents, data,
deliverables, papers and financial information (the “Records”) that are generated as a result of the
Town providing the Services to the City under this Agreement shall be the property of the City.
The City Manager or his designee shall, during the term of this Agreement and for a period of
three (3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any Records of the Town involving transactions related to this Agreement,
upon reasonable notice to the Town. The City may cancel and terminate this Agreement
immediately for refusal by the Town to allow access by the City Manager or his designee to any
Records pertaining to work performed under this Agreement that are subject to the provisions of
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Interlocal Agreement-Floodplain Management 2015
Chapter 119, Florida Statutes. It shall be the sole responsibility of the City to respond to all
requests for public records received by the City, made pursuant to the Florida Public Records Act,
for any records created as a result of the performance of the Parties’ respective obligations under
the Agreement. The Town shall fully cooperate with the City in response to any request for
records received by the City. The City shall be responsible to respond to public records requests
where the City maintains custody of the records. Where the Town has forwarded the records to
the City, the Town shall notify the requestor that the records requested are in the possession of the
City. Upon completion or termination of the Agreement all records, except employee related
records, shall be turned over to the City within thirty (30) calendar days. Any payment due the
Town may be held pending receipt of the Records.
12. Mutual Release, Indemnity and Agreement to Defend and Hold Harmless: the City does not
indemnify or insure the Town for the Town’s negligence. Likewise, the Town does not
indemnify or insure the City for the City’s negligence, except as provided in this paragraph 12.
Subject to the limitations set forth in Florida Statute Section 768.28 and except as provided in this
Paragraph 12, the Town shall be fully liable for the actions of its respective officers, elected or
appointed, directors, employees, and agents (“Town’s Releasees”) and shall fully indemnify,
defend, and hold harmless, the City, its officers, elected or appointed, directors, employees, and
agents (collectively referred to as “City’s Releases”), from any and all kinds of claims, suits,
causes of action, damages, losses, liabilities, costs or expenses, including court costs and
attorney’s fees at all level of proceedings (including appellate level), and any judgments, orders
or decrees entered thereon or resulting therefrom, for any personal injury, loss of life, damage to
property, or any other liability, loss, cost or expense of any kind (collectively referred to as
“Claims”), alleged to be caused in whole or in part by the Town, its officers, elected or appointed,
directors, employees, and agents in the Town’s performance of this Agreement.
Subject to the limitations set forth in Florida Statute Section 768.28, and except as provided in
paragraph 12, the City shall be fully liable for the actions of its respective officers, elected or
appointed, directors, employees, and agents and shall fully indemnify, defend, and hold harmless,
the Town, its officers, elected or appointed, directors, employees, and agents, from any and all
kinds of claims, suits, causes of action, damages, losses, liabilities, costs or expenses, including
court costs and attorney’s fees at all level of proceedings (including appellate level), and any
judgments, orders or decrees entered thereon or resulting therefrom, for any personal injury, loss
of life, damage to property, or any other liability, loss, cost or expense of any kind, alleged to be
caused in whole or in part by the City, its officers, elected or appointed, directors, employees,
agents and contractors and subcontractors in the City’s performance of this Agreement.
13. City’s Release, Indemnity and Agreement to Hold Harmless for Conditions on City’s
Property. The agreement to waive, release, indemnify and hold the Town harmless from any and
all claims for conditions on the City’s property, is additional consideration to the execution of this
Agreement. It is made pursuant to Florida Statutes Section 768.28(19). By entering into this
Agreement, the City does not intend to assume any risk of liability for damages, losses or injury
suffered by the Town, by anyone claiming by or through the Town, or as a result of a third-party
claim asserted, raised, or brought against the Town, as a result of any condition on the City’s
property. This includes any claim for set-off, contribution or subrogation.
Therefore, subject to the amounts of recovery as provided in Florida Statutes Section 768.28(5),
the Town hereby releases, indemnifies, and agrees to hold harmless, the City, its officers, elected
or appointed, directors, employees, agents, contractors and subcontractors (collectively referred to
as “City’s Released Parties” respectively), from any and all kinds of claims, suits, causes of
action, damages, losses, liabilities, costs or expenses, including court costs and attorney’s fees at
all level of proceedings (including appellate level), and any judgments, orders or decrees entered
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Interlocal Agreement-Floodplain Management 2015
thereon or resulting therefrom, for any personal injury, loss of life, damage to property, or any
other liability, loss, cost or expense of any kind, alleged to be caused in whole or in part from any
defect or dangerous condition on the property or facilities used in the performance of this
Agreement by the City (regardless of whether such condition was known or unknown, open,
obvious, foreseeable or unforeseeable, hidden or not).
14. Notice: All legal notices regarding this agreement must be sent to the following address:
As to the Town: As to the City:
Town of Miami Lakes City of Miami Gardens, Florida
Alex Rey Cameron Benson
Town Manager City Manager
6601 Main Street Miami Gardens, FL 33056
Miami Lakes, FL 33016
reya@miamilakes-fl.gov
Amy Hugunin
Assistant to the Town Manager
6601 Main Street
Miami Lakes, FL 33016
hugunina@miamilakes-fl.gov
15. 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.
16. Governing Law; Venue: This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida, with venue for any action lying solely in Miami-Dade County,
Florida.
17. 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 construed as a waiver of the violation or breach, or of any future violation, breach or
wrongful conduct.
18. Assignment: This Agreement is not assignable by either party.
19. 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 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.
20. 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.
21. 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 than the other. It is the Parties’ further intention that this
Agreement be construed liberally to achieve its intent. Each Party represents that this Agreement
has been duly authorized, executed and delivered by their respective governing body, in the
manner and form required by their respective applicable local laws, and that each Party has the
required power and authority to perform this Agreement.
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22. Exhibits are Inclusionary: All exhibits whether attached hereto or mentioned herein (reference)
which contain additional terms shall be deemed to be part of this Agreement.
23. Attorney’s Fees: In the event of any litigation to enforce the terms of this Agreement, the
prevailing party shall be entitled to an award of attorney’s fees and costs.
[Remainder of page intentionally left blank.]
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IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their
duly authorized agents and representatives with all the formalities required by law on the day and year
first written above.
FOR THE CITY OF MIAMI GARDENS:
Oliver G. Gilbert III, Mayor Date
ATTEST:
Ronetta Taylor, City Clerk
Approved as to form and legal sufficiency:
Sonja Knighton Dickens, City Attorney
FOR THE TOWN OF MIAMI LAKES:
Alex Rey, Town Manager Date
Attest:
Marjorie Tejeda, Town Clerk
Approved as to form and legal sufficiency:
Raul Gastesi, Town Attorney
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Interlocal Agreement-Floodplain Management 2015
EXHIBIT A
SCOPE OF SERVICES
The Town shall provide all personnel, equipment, materials and supplies, necessary to perform the
Services outlined below.
The Town warrants and represents that its employees have the proper skill, training, background,
knowledge, experience, integrity, and character necessary to perform the Services in a competent and
professional manner. The Town agrees that the Town will, at all times, employ, maintain and assign to
the performance of the Work a sufficient number of competent and qualified personnel necessary to
perform the Services in accordance with the Agreement.
All staff assigned by the Town to the performance of the Services shall be employees of the Town. The
scope of services to be provided under this agreement will be as follows:
• Perform administrative and professional work as the Floodplain Manager and Community Rating System
(CRS) Coordinator in the daily implementation of activities related to the National Flood Insurance Program
(NFIP). Review and update as required the City’s Flood Plain Management Ordinance
• Review building permits to determine flood zone status and establish and administer procedures to ensure
that all floodplain management requirements are met
• Coordinate the activities required for the Federal Emergency Management Agency (FEMA) Community
Rating System and prepares and submits the necessary forms. Evaluate the CRS program and improve on the
CRS rating in order to receive additional discounts
• Prepare and maintain flood zone maps and associated FEMA revisions, and maintain a database of all
requests to FEMA for map revisions
• Manage the elevation certificate files and ensure that elevation certificates are received for all properties in
the special flood hazard area
• Provide limited technical assistance to engineers, developers, and the public regarding flood zones,
floodplain management requirements, and drainage studies
• Coordinate City floodplain activities with the State NFIP Coordinator and ensure the City complies with the
FEMA requirements for the NFIP
• Respond to questions and complaints from the public regarding flooding and drainage
• Review Elevation Certificates
• Review and approve FEMA Community Acknowledgements regarding Letter of Map Amendments
• Prepare Flood Information requests
• Identify and track properties for Substantial Improvement
• Prepare NPDES Permit and BCEGS certification
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Interlocal Agreement-Floodplain Management 2015
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF MIAMI GARDENS AND THE TOWN OF MIAMI LAKES
FOR FLOODPLAIN MANAGEMENT SERVICES AND TECHNICAL SUPPORT SERVICES
THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into this _____ day
of ___________, 2015, by and between the City of Miami Gardens, Florida (the “City”), a Florida
municipal corporation, and the Town of Miami Lakes, Florida (the “Town”), a Florida municipal
corporation, who are jointly referred to herein as the Parties.
WITNESSETH
WHEREAS, the City and the Town agree to enter into an Interlocal Agreement pursuant to
Section 163.01, Florida Statutes, that allows local governments to make the most efficient use of their
powers to enable them to cooperate with each other, when mutually advantageous, in providing services
and facilities in the best interest of the public; and
WHEREAS, pursuant to Miami Gardens, Florida, Resolution No. , the City has authorized
and approved the execution of this Agreement; and
WHEREAS, pursuant to Town of Miami Lakes, Florida, Resolution No. 15-1306, the Town has
authorized and approved the execution of this Agreement; and
WHEREAS, the Town operates floodplain management services within the Town’s Building
Department; and
WHEREAS, the Town has expressed an interest in contracting with the City to perform
floodplain management services; and
WHEREAS, the City and the Town have established a mutually beneficial proposal that provides
for additional revenue to the Town, while fulfilling the need for floodplain management services to the
City.
NOW THEREFORE, for and in consideration of the terms, conditions and covenants contained
herein, the City and the Town agrees as follows:
1. Purpose: The Town hereby agrees to provide floodplain management services and technical
support services (the “Scope of Services” or “Services”) to the City, pursuant to the Scope of
Services described and attached hereto in Exhibit “A” and incorporated herein, in accordance
with the terms and conditions of this Agreement.
2. Term: The Town will provide the Services for a period of three (3) years, commencing ten (10)
days from the date of execution of this Agreement by both Parties.
3. Option to Renew: The Parties reserve the right to renew this Agreement for a two (2) year term
upon the mutual consent and written agreement of both Parties.
4. Cancellation: This Agreement may be canceled by either Party, with or without cause, by
providing sixty (60) days written notice of the intent to terminate during which time the Town
shall continue to provide services and the City shall pay for the actual Services provided. Upon
the expiration of sixty (60) days, the Town shall have no further obligation to provide any
Services to the City, this Agreement shall terminate and the Parties shall be released from all
further obligations. It shall be the responsibility of the Town to provide for the floodplain
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management services and the community rating system coordination. The Town shall transfer all
records of administrative and professional work created or maintained during the term of this
Agreement to the City. Once transferred, it shall be the sole responsibility of the City to retain all
public records and respond to all requests for public records pursuant to the Florida Public
Records Act received by the City of Miami Gardens.
5. Scope of Service: The Town agrees to provide the Services as detailed in the “Scope of Services”
attached hereto as Exhibit “A” of the Agreement. The scope of services may be modified from
time to time by mutual consent of the Town Manager of Miami Lakes and the City Manager of
Miami Gardens.
6. Neither Party shall be liable for any delay or failure to perform under this Agreement if such
delay or failure is neither the fault of the Party, its employees or agents, or the delay is due to acts
of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond
the Party’s control, or for any of the foregoing that affects subcontractors or suppliers, if no
alternate source of supply is available. In the event of delay from the foregoing causes, the Party
shall take all reasonable measures to mitigate any and all resulting delay or disruption in the
Party’s performance obligation under this Agreement. If the delay or disruption in performance
is excusable under this paragraph, the delay will not result in any additional charge or cost under
the Agreement to either Party.
7. Program Manager(s): The Town’s Program Manager(s) and primary point of contact(s) under
this Agreement are Lourdes Rodriguez, the Town’s Permit Supervisor for the Building
Department, and Eliezer Palacio, the Town’s Building Official. The City’s Program Manager
will be designated by the Miami Garden’s City Manager.
8. Insurance: During the term of this Agreement, including renewal(s) and extensions, the Parties
shall, at each Party’s sole expense, maintain insurance coverage with such terms and limits as
may be reasonable to fully compensate the other Party in the event of a breach of the terms of this
Agreement, including but not limited to commercial general liability, premises liability, casualty,
workers’ compensation and employers’ liability insurance. A self-insurance program established
in accordance with the laws of the State of Florida may provide such coverage. Providing and
maintaining adequate insurance coverage is a material obligation of each Party and failure to
maintain such coverage is a breach of this Agreement.
9. Rates, Charges and Work Order Authorization: The City shall issue a work order for each
project to be performed by the Town. The work order authorization will be on a time and
materials basis pursuant to the rates based upon the hourly rates outlined on Exhibit “B.”
10. Billing and Payment: The Town agrees that it will bill the City on a monthly basis per the rates
approved as per Section 9 of this Agreement. Approval of any invoice by the City shall be within
thirty (30) days from the date of the invoice, unless the City disputes or denies the invoice in
whole or in part. If denied in part, the City shall pay the undisputed amount of the invoice.
11. Ownership and Access to Records and Audits: All records, books, documents, data,
deliverables, papers and financial information (the “Records”) that are generated as a result of the
Town providing the Services to the City under this Agreement shall be the property of the City.
The City Manager or his designee shall, during the term of this Agreement and for a period of
three (3) years from the date of termination of this Agreement, have access to and the right to
examine and audit any Records of the Town involving transactions related to this Agreement,
upon reasonable notice to the Town. The City may cancel and terminate this Agreement
immediately for refusal by the Town to allow access by the City Manager or his designee to any
Records pertaining to work performed under this Agreement that are subject to the provisions of
Chapter 119, Florida Statutes. It shall be the sole responsibility of the City to respond to all
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requests for public records received by the City, made pursuant to the Florida Public Records Act,
for any records created as a result of the performance of the Parties’ respective obligations under
the Agreement. The Town shall fully cooperate with the City in response to any request for
records received by the City. The City shall be responsible to respond to public records requests
where the City maintains custody of the records. Where the Town has forwarded the records to
the City, the Town shall notify the requestor that the records requested are in the possession of the
City. Upon completion or termination of the Agreement all records, except employee related
records, shall be turned over to the City within thirty (30) calendar days. Any payment due the
Town may be held pending receipt of the Records.
12. Mutual Release, Indemnity and Agreement to Defend and Hold Harmless: the City does not
indemnify or insure the Town for the Town’s negligence. Likewise, the Town does not
indemnify or insure the City for the City’s negligence, except as provided in this paragraph 12.
Subject to the limitations set forth in Florida Statute Section 768.28 and except as provided in this
Paragraph 12, the Town shall be fully liable for the actions of its respective officers, elected or
appointed, directors, employees, and agents (“Town’s Releasees”) and shall fully indemnify,
defend, and hold harmless, the City, its officers, elected or appointed, directors, employees, and
agents (collectively referred to as “City’s Releases”), from any and all kinds of claims, suits,
causes of action, damages, losses, liabilities, costs or expenses, including court costs and
attorney’s fees at all level of proceedings (including appellate level), and any judgments, orders
or decrees entered thereon or resulting therefrom, for any personal injury, loss of life, damage to
property, or any other liability, loss, cost or expense of any kind (collectively referred to as
“Claims”), alleged to be caused in whole or in part by the Town, its officers, elected or appointed,
directors, employees, and agents in the Town’s performance of this Agreement.
Subject to the limitations set forth in Florida Statute Section 768.28, and except as provided in
paragraph 12, the City shall be fully liable for the actions of its respective officers, elected or
appointed, directors, employees, and agents and shall fully indemnify, defend, and hold harmless,
the Town, its officers, elected or appointed, directors, employees, and agents, from any and all
kinds of claims, suits, causes of action, damages, losses, liabilities, costs or expenses, including
court costs and attorney’s fees at all level of proceedings (including appellate level), and any
judgments, orders or decrees entered thereon or resulting therefrom, for any personal injury, loss
of life, damage to property, or any other liability, loss, cost or expense of any kind, alleged to be
caused in whole or in part by the City, its officers, elected or appointed, directors, employees,
agents and contractors and subcontractors in the City’s performance of this Agreement.
13. City’s Release, Indemnity and Agreement to Hold Harmless for Conditions on City’s
Property. The agreement to waive, release, indemnify and hold the Town harmless from any and
all claims for conditions on the City’s property, is additional consideration to the execution of this
Agreement. It is made pursuant to Florida Statutes Section 768.28(19). By entering into this
Agreement, the City does not intend to assume any risk of liability for damages, losses or injury
suffered by the Town, by anyone claiming by or through the Town, or as a result of a third-party
claim asserted, raised, or brought against the Town, as a result of any condition on the City’s
property. This includes any claim for set-off, contribution or subrogation.
Therefore, subject to the amounts of recovery as provided in Florida Statutes Section 768.28(5),
the Town hereby releases, indemnifies, and agrees to hold harmless, the City, its officers, elected
or appointed, directors, employees, agents, contractors and subcontractors (collectively referred to
as “City’s Released Parties” respectively), from any and all kinds of claims, suits, causes of
action, damages, losses, liabilities, costs or expenses, including court costs and attorney’s fees at
all level of proceedings (including appellate level), and any judgments, orders or decrees entered
thereon or resulting therefrom, for any personal injury, loss of life, damage to property, or any
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Interlocal Agreement-Floodplain Management 2015
other liability, loss, cost or expense of any kind, alleged to be caused in whole or in part from any
defect or dangerous condition on the property or facilities used in the performance of this
Agreement by the City (regardless of whether such condition was known or unknown, open,
obvious, foreseeable or unforeseeable, hidden or not).
14. Notice: All legal notices regarding this agreement must be sent to the following address:
As to the Town: As to the City:
Town of Miami Lakes City of Miami Gardens, Florida
Alex Rey Cameron Benson
Town Manager City Manager
6601 Main Street Miami Gardens, FL 33056
Miami Lakes, FL 33016
reya@miamilakes-fl.gov
Amy Hugunin
Assistant to the Town Manager
6601 Main Street
Miami Lakes, FL 33016
hugunina@miamilakes-fl.gov
15. 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.
16. Governing Law; Venue: This Agreement shall be construed in accordance with and governed by
the laws of the State of Florida, with venue for any action lying solely in Miami-Dade County,
Florida.
17. 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 construed as a waiver of the violation or breach, or of any future violation, breach or
wrongful conduct.
18. Assignment: This Agreement is not assignable by either party.
19. 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 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.
20. 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.
21. 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 than the other. It is the Parties’ further intention that this
Agreement be construed liberally to achieve its intent. Each Party represents that this Agreement
has been duly authorized, executed and delivered by their respective governing body, in the
manner and form required by their respective applicable local laws, and that each Party has the
required power and authority to perform this Agreement.
Page 56 of 156
5
Interlocal Agreement-Floodplain Management 2015
22. Exhibits are Inclusionary: All exhibits whether attached hereto or mentioned herein (reference)
which contain additional terms shall be deemed to be part of this Agreement.
23. Attorney’s Fees: In the event of any litigation to enforce the terms of this Agreement, the
prevailing party shall be entitled to an award of attorney’s fees and costs.
[Remainder of page intentionally left blank.]
Page 57 of 156
6
Interlocal Agreement-Floodplain Management 2015
IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their
duly authorized agents and representatives with all the formalities required by law on the day and year
first written above.
FOR THE CITY OF MIAMI GARDENS:
Oliver G. Gilbert III, Mayor Date
ATTEST:
Ronetta Taylor, City Clerk
Approved as to form and legal sufficiency:
Sonja Knighton Dickens, City Attorney
FOR THE TOWN OF MIAMI LAKES:
Alex Rey, Town Manager Date
Attest:
Marjorie Tejeda, Town Clerk
Approved as to form and legal sufficiency:
Raul Gastesi, Town Attorney
Page 58 of 156
7
Interlocal Agreement-Floodplain Management 2015
EXHIBIT A
SCOPE OF SERVICES
The Town shall provide all personnel, equipment, materials and supplies, necessary to perform the
Services outlined below.
The Town warrants and represents that its employees have the proper skill, training, background,
knowledge, experience, integrity, and character necessary to perform the Services in a competent and
professional manner. The Town agrees that the Town will, at all times, employ, maintain and assign to
the performance of the Work a sufficient number of competent and qualified personnel necessary to
perform the Services in accordance with the Agreement.
All staff assigned by the Town to the performance of the Services shall be employees of the Town. The
scope of services to be provided under this agreement will be as follows:
Perform administrative and professional work as the Floodplain Manager and Community Rating System
(CRS) Coordinator in the daily implementation of activities related to the National Flood Insurance Program
(NFIP). Review and update as required the City’s Flood Plain Management Ordinance
Review building permits to determine flood zone status and establish and administer procedures to ensure
that all floodplain management requirements are met
Coordinate the activities required for the Federal Emergency Management Agency (FEMA) Community
Rating System and prepares and submits the necessary forms. Evaluate the CRS program and improve on the
CRS rating in order to receive additional discounts
Prepare and maintain flood zone maps and associated FEMA revisions, and maintain a database of all
requests to FEMA for map revisions
Manage the elevation certificate files and ensure that elevation certificates are received for all properties in
the special flood hazard area
Provide limited technical assistance to engineers, developers, and the public regarding flood zones,
floodplain management requirements, and drainage studies
Coordinate City floodplain activities with the State NFIP Coordinator and ensure the City complies with the
FEMA requirements for the NFIP
Respond to questions and complaints from the public regarding flooding and drainage
Review Elevation Certificates
Review and approve FEMA Community Acknowledgements regarding Letter of Map Amendments
Prepare Flood Information requests
Identify and track properties for Substantial Improvement
Prepare NPDES Permit and BCEGS certification
Page 59 of 156
8
Interlocal Agreement-Floodplain Management 2015
HOURLY RATE FOR CONTRACTUAL SERVICE
Name
SUB-
TOTAL Overhead TOTAL
Lourdes Rodriguez $ 38.66 3.68 $ 42.34
Eliezer Palacios $ 79.75 7.59 $ 87.34
Page 60 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
June 10, 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 #:
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
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A
X
Sponsor Name
Cameron Benson,
City Manager
Department:Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING SUBSTANTIAL AMENDMENTS TO
THE CITY OF MIAMI GARDENS’ HOUSING POLICIES, ATTACHED
HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
On December 13, 2006, the City Council approved the City of Miami Gardens Housing Program Policies,
which were developed by the Department of Community Development (the Department) to establish
and administer various Housing Programs. Over the past nine (9) years the Department has seen many
changes to our funding sources and lessons learned which have required amendments to the City’s
Housing Policies.
Item K-3) Consent Agenda
Resolution
Amendment to Housing Policies
Page 61 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
As a reminder, the purposes of the Housing Program Policies are:
To ensure the City’s compliance with the requirements of the various funding sources, and
To achieve program effectiveness, including consistency and fiscal responsibility.
Current Situation
In May 2015, the US Department of Housing and Urban Development (HUD) monitored the City’s
Owner-Occupied Housing Rehabilitation Program. As a result of this monitoring, HUD representatives
identified Section 8-Lead Based Paint of the Housing Program Policies which needs to be updated in
order to be in compliance with Federal regulations (24 CFR 35) on lead based paint. Staff has prepared
an update to this section of the Policies that meets HUD’s regulatory compliance.
Furthermore, City Staff has encountered several home rehabilitation applicants in which the home’s
combined loan to value (CLTV) exceeds the Policies’ current limit of 150%. CLTV is the sum of all existing
loans and proposed City loan secured by the property as a percentage of the value of the property. The
value of the property is the market value as determined by the Miami-Dade County Property Appraiser.
This high CLTV can be attributed to the rapid decline in home values as a result of the economic
downturn; however loan amounts have remained unchanged as they relate to the home’s value. Market
values are slowly starting to recover, however not as quickly as they declined. City Staff is seeing cases in
which the CLTV is between 250% - 286%. Therefore staff is recommending a change to Section 3 of the
Policies that will increase the CLTV for housing rehabilitation only to 300%.
City Staff recommends amending Section 3 and Section 8 of the Housing Program Policies, as attached.
Fiscal Impact
This is a policy revision, therefore will have no fiscal impact.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
Sections 3 and 8 of the Housing Program Policies
Page 62 of 156
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, APPROVING SUBSTANTIAL 4
AMENDMENTS TO THE CITY OF MIAMI GARDENS’ HOUSING 5
POLICIES, ATTACHED HERETO AS EXHIBIT A; PROVIDING 6
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 7
FOR AN EFFECTIVE DATE. 8
9
WHEREAS, the City’s Housing Policies were established in 2006, and 10
WHEREAS, the Housing Policies are utilized by the Department of Community 11
Development to establish and administer various Housing Programs, and 12
WHEREAS, the US Department of Housing and Urban Development (HUD) 13
monitored the City’s Owner-Occupied Housing Rehabilitation Program, and HUD 14
representatives recommended that the City update its Section 8 of the Housing Policies 15
regarding lead based paint, and 16
WHEREAS, City staff has encountered home rehabilitation applicants with 17
combined loan to value percentages that exceed the current limit of 150% as outlined in 18
the City’s Housing Policies, and 19
WHEREAS, a combined loan to value is the market value of a property as 20
determined by the Miami-Dade County Property Appraiser, and 21
WHEREAS, the high combined loan to value percentages may be attributed to 22
the rapid decline in home values as a result of the economic downturn, and City staff is 23
also recommending an amendment to Section 3 of the Housing Policies to increase the 24
combined loan to value to 300% for housing rehabilitation applicants, 25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27
Page 63 of 156
2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29
made a specific part of this Resolution. 30
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31
hereby approves the amendments of Housing Policies, as outlined on Exhibit “A” 32
attached hereto. 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 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
Page 64 of 156
3
Councilwoman Lisa Davis ____ (Yes) ____ (No) 65
Councilman Rodney Harris ____ (Yes) ____ (No) 66
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67
68
69
70
71
72
73
Page 65 of 156
Property Eligibility
All properties assisted by this department must fall within the corporate
limits of the City of Miami Gardens.
The property shall not consist of more than one (1) residential unit. For properties with more than
one unit, further verification may be required to ensure that assistance can be provided and can
require additional documentation and a revision of the established terms.
The property must conform to the requirements of the City of Miami Gardens Planning and Zoning
Department. Additional criteria could apply for programs with specific parameters such as the
Neighborhood Stabilization Program.
Property Value Assessment
The Department of Community Development must determine the property value for all homes
receiving assistance. The factors used to determine the property value will vary by program
however the Maximum Property Value for participation in the housing programs is currently
$300,000.00.
Rehabilitation Program: the Market Value of the property as determined by the Miami-Dade County
Property Appraiser.
Homeownership Program: the values as determined by a licensed professional and HUD approved
appraiser.
Subordinations: the value can be determined using either Market Value or the value as determined
by a licensed and HUD approved appraiser, using the highest value.
Combined Loan to Value
This is the sum of all existing loans and proposed City loan secured by the property as a percentage
of the value of the property. The value of the property is the market value as determined above.
The following are the maximum Combined Loan to Value Ratios (CLTV) per Housing Program:
Housing Rehabilitation 150%300%
Replacement Homes 125%
Homeownership Assistance 105%
Subordination Requests 150%
Loans with Combined Loan-to-Value Ratios (CLTV) above the maximum can only be originated with
an approved request of exception.
Section
3
Page 66 of 156
Additions and Conversions
It is not the policy of the City to finance additions to existing buildings or projects that change the
Certificate of Occupancy. However, in overcrowding situations, an exception to this policy can be
granted by the Director. In providing an exception, the Director will review the composition of the
family to ensure that the family composition will remain the same in the foreseeable future; this
also applies in the case of Accessory Dwelling Units.
Property owners whose homes are found to have units that are believed to be non-conforming,
such as additions or conversions built/converted without the benefit of permits, will be disqualified.
The burden to prove the legality of the unit/s lies with the homeowner.
Depending on the program, the individual project funding limit and the overall program budget, the
Department could provide the option of returning the home to its original form. At which time, a
portion of the assistance would be used to return the non-conforming unit to its original form.
Homeowner’s who are found to have non-conforming units that are being used as a rental unit or a
second housing unit will be reported to the City’s Code Enforcement Department.
Page 67 of 156
Lead-Based Paint
When Federal Funds, such as CDBG, are used to assist housing units
built prior to 1978, steps must be taken to address lead hazards. The
following has been implemented in order to comply with the regulations found at 24 CFR Part
35. The purpose of this regulation is to identify and address lead-based paint hazards before
young children are exposed to lead.
Level of Assistance
in Property
Hazard
Reduction
Requirements
Summary of Requirements
Assistance of less
than 5,000 per unit
(some exceptions)
Exempt Typically, the following are exempt from the Hazard Reduction
Requirements (not necessarily notice & other requirements):
Assistance is Less than 5,000 a Unit
Unit was Built Prior to 1978
Single Room Occupancy Unit
Deed Restricted Elderly Housing
Lead Free Building
No Disruption of a Painted Service
Assistance of more
than $5,000 per unit
up to and including
$25,000 per unit
Interim controls Interim controls means a set of measures designed to reduce
temporarily human exposure or likely exposure to lead-based paint
hazards.
Once work is completed, clearance, conducted by a qualified clearance
examiner, must be realized for the exterior, common spaces, and all
assisted units. This approach provides assurances that lead-based paint
(if present) is stable and the unit is “lead safe”. Clearance is conducted
for the entire unit; however, it does prevent the reappearance of lead-
based paint hazards. Interim controls include, but are not limited to,
repairs, painting, temporary containment, specialized cleaning,
clearance, ongoing lead-based paint maintenance activities, and the
establishment and operation of management and resident education
programs.
Assistance of more
than $25,000 per
unit
Abatement of
lead-based paint
hazards.
Abatement means any set of measures designed to permanently
eliminate lead-based paint or lead-based paint hazards. Once work is
completed, clearance, conducted by a qualified clearance examiner,
must be realized for all applicable painted surfaces that will be
disturbed during rehabilitation and all presumed lead hazards.
Abatement includes: (1) The removal of lead-based paint and dust-lead
hazards, the permanent enclosure or encapsulation of lead-based
paint, the replacement of components or fixtures painted with lead-
based paint, and the removal or permanent covering of soil-lead
hazards; and (2) All preparation, cleanup, disposal, and post abatement
clearance testing activities associated with such measures.
Section
8
Page 68 of 156
Notification
The Department provides participating homeowners with the Lead Hazard Pamphlet at the time
of application for which they sign an acknowledgement stating they received the pamphlet and
understood the material. This acknowledgement will be kept in the participants file.
Participants will also be notified of the results of any lead hazard evaluation/or assessment of
lead-based paint or lead hazards. This notification will be made 15 days from the date of
evaluation and a copy of this notice will remain in the participant file.
Should lead hazards be detected requiring lead hazard reduction work be performed, the
homeowner will also be notified of the results within 15 days of the project achieving clearance
and a copy will remain in the participant file.
Lead Hazard Evaluation
A risk assessment will be required for all rehabilitation projects for receiving assistance of over
$25,000 per unit and where children under the age of 7 or pregnant women reside, this only
includes hard costs, and that are not exempt as outlined in the table above. A risk assessment
will also be performed for homes where the occupants are not yet determined. An
Assessment/Evaluation can include a visual assessment, paint testing and a risk assessment.
This will be done prior to any rehabilitation work. This assessment will be completed prior to
the Pre-Bid meeting.
Lead Hazard Reduction
If the evaluation/assessment determines that lead-based paint will be disturbed as part of the
rehabilitation work or the property has existing exposed lead hazards, reduction or abatement
will be necessary. This can include paint stabilization, interim controls, standards treatments or
abatement. The work required to reduce or abate the hazard will be compiled as a Scope of
Work and would be made available for bidding through the standard bidding process. Bidding
for lead project will be limited to contractors that are certified to perform the work and that
understand and will follow the safe work practices for lead. Once the reduction or abatement is
performed, a clearance will be performed by a certified Lead-Based Paint inspector or risk
assessor. Results of the clearance will also be provided to the homeowner upon receipt of test
results.
Funding
The costs of the evaluation and any reduction work required will be considered part of the
overall project cost and will be subject to the program’s maximum amount of assistance.
Renovation, Repairs, and Painting Certification
On April 22, 2008, the U.S. Environmental Protection Agency (EPA) has issued a Rule that
addresses lead-based paint hazards created by renovation, repairs and painting activities to
become effective April 22, 2010.
Page 69 of 156
The Rule applies to compensated work performed in pre-1978 housing and child-occupied
facilities, daycares, schools and rental properties. It does not apply to minor maintenance or
repair activities where less than 6 feet per room or 20 square feet of exterior area is disturbed.
Window replacement is not to be considered minor maintenance or repair.
Under the rule, contractors performing work such as this are required to be certified by the EPA
and must follow specific work practices to prevent lead contamination. The rule further
requires that at least one certified renovator be present on the job site at all times and that the
firm be certified and registered with the EPA.
HUD has adopted the Rule with some differences, primarily the method of testing, requiring a
clearance after work is completed and a smaller size of 2 feet per room for interior areas being
repaired, renovated or painted.
Staff will require all participating contractors to be certified and will perform work to not only
follow the new EPA Rule but to also adhere to the more stringent requirements of the HUD Lead
Safe Housing Rule.
Page 70 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: June 10, 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: (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 and Code
Compliance
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING A WAIVER OF PLAT FOR THE PROPERTY LOCATED
AT 1700 NW 183RD STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT
“A”, A COPY OF WHICH IS ATTACHED HERETO; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
The applicant, Miami Gardens Professional Car Center has obtained Waiver of Plat approval from the
City and from Miami-Dade County for a 0.75 acre parcel located at 1700 NW 183rd Street. The proposed
Item K-4) Consent Agenda
Resolution
Waiver of Plat - Family Dollar
Page 71 of 156
development is for a Family Dollar store. The waiver of plat was recommended for approval by the City
to the Miami-Dade County Plat Committee on July 16, 2014. Miami-Dade County Plat Committee
reviewed and approved the waiver of plat on March 20, 2015.
Current Situation
The applicant is required to comply with the conditions of the waiver of plat approval issued by Miami-
Dade County Plat Committee. One of the items includes obtaining approval, by Resolution, from the City
of Miami Gardens for the waiver of plat. The applicant has provided all the necessary documents for the
City to approve the waiver of plat.
Proposed Action:
Recommend adoption of the Resolution.
Attachments: Exhibit “A” – “Miami Gardens Professional Car Center Waiver of Plat”
Exhibit “B” – Compliance Letter from Surveyor
Page 72 of 156
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, APPROVING A WAIVER OF PLAT 4
FOR THE PROPERTY LOCATED AT 1700 NW 183RD STREET, 5
MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, A COPY 6
OF WHICH IS ATTACHED HERETO; PROVIDING FOR THE 7
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, the Applicant, Miami Gardens Professional Car Center has obtained 11
a Waiver of Plat approval from Miami-Dade County for the subdivision of the property 12
located at 1700 NW 183rd Street, more particularly described on Exhibit “A” attached 13
hereto, and 14
WHEREAS, as a condition for approval of the Waiver of Plat, the Applicant must 15
obtain approval from the City of Miami Gardens, and 16
WHEREAS, the Waiver of Plat will allow the construction for a Family Dollar 17
store, and 18
WHEREAS, City staff has reviewed the application and recommends approval of 19
the Waiver of Plat, 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 gives its approval to the Waiver of Plat for that property located at 1700 NW 27
183rd Street, more particularly described on Exhibit “A” attached hereto. 28
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 29
upon its final passage. 30
Page 73 of 156
2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 31
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 32
33
___________________________________ 34
OLIVER GILBERT, III, MAYOR 35
36
37
38
ATTEST: 39
40
41
__________________________________ 42
RONETTA TAYLOR, MMC, CITY CLERK 43
44
45
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 46
47
48
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 49
50
Moved by: __________________ 51
52
VOTE: _________ 53
54
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 56
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57
Councilman David Williams Jr ____ (Yes) ____ (No) 58
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59
Councilman Rodney Harris ____ (Yes) ____ (No) 60
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61
62
Page 74 of 156
Page 75 of 156
Pa
g
e
76
of
15
6
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: June 10, 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: (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 &Code
Compliance
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING A WAIVER OF PLAT FOR THE
PROPERTY LOCATED AT 3468 NW 199th STREET, MORE
PARTICULARLY DESCRIBED ON EXHIBIT “A”, A COPY OF WHICH IS
ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Item K-5) Consent Agenda
Resolution
Waiver of Plat - YWCA
Page 77 of 156
The applicant, YWCA of Greater Miami & Dade County, Inc. has obtained Waiver of Plat approval from
the City and from Miami-Dade County for an 8.96 acre parcel located at 3468 NW 199 Street. The
proposed development is for a learning center for children. The waiver of plat was recommended for
approval by the City to the Miami-Dade County Plat Committee on June 18, 2014. Miami-Dade County
Plat Committee reviewed and approved the waiver of plat on March 16, 2015.
Current Situation
The applicant is required to comply with the conditions of the waiver of plat approval issued by Miami-
Dade County Plat Committee. One of the items includes obtaining approval, by Resolution, from the City
of Miami Gardens for the waiver of plat. The applicant has provided all the necessary documents for the
City to approve the waiver of plat.
Proposed Action:
Recommend adoption of the Resolution.
Attachments: Exhibit “A” – “YWCA Waiver of Plat”
Exhibit “B” – Compliance Letter from Surveyor
Page 78 of 156
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, APPROVING A WAIVER OF PLAT 4
FOR THE PROPERTY LOCATED AT 3468 NW 199th STREET, 5
MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, A COPY 6
OF WHICH IS ATTACHED HERETO; PROVIDING FOR THE 7
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, the Applicant, YWCA of Greater Miami & Dade County, Inc. has 11
obtained a Waiver of Plat approval from Miami-Dade County for the subdivision of the 12
property located at 3468 NW 199th Street, more particularly described on Exhibit “A” 13
attached hereto, and 14
WHEREAS, as a condition for approval of the Waiver of Plat, the Applicant must 15
obtain approval from the City of Miami Gardens, and 16
WHEREAS, the Waiver of Plat will allow the construction for a learning center for 17
children, and 18
WHEREAS, City staff has reviewed the application and recommends approval of 19
the Waiver of Plat, 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 gives its approval to the Waiver of Plat for that property located at 3468 NW 27
199th Street, more particularly described on Exhibit “A” attached hereto. 28
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 29
upon its final passage. 30
Page 79 of 156
2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 31
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 32
33
___________________________________ 34
OLIVER GILBERT, III, MAYOR 35
36
37
38
ATTEST: 39
40
41
__________________________________ 42
RONETTA TAYLOR, MMC, CITY CLERK 43
44
45
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 46
47
48
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 49
50
Moved by: __________________ 51
52
VOTE: _________ 53
54
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 56
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57
Councilman David Williams Jr ____ (Yes) ____ (No) 58
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59
Councilman Rodney Harris ____ (Yes) ____ (No) 60
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61
62
Page 80 of 156
signature and the
licensed Surveyor (reference)Bearing, if any, shown based on Assumed meridian 1257+1
(LP
REVISIONS:PANEL No.
BASE ELEV.
+ 7 FT N.G.V.D.
0109120345
COMM. No.
F.I.R.M.INDEX
09 / 11 / 09
FLOOD ZONE
AE / X
F.I.R.M.DATE
09 / 11 / 09 Garage Elev.= . Erp.= .
ELEVATION NOTE: (IF APPLICABLE)
Elevation shown hereon refer to N.G.V.D. 1929.
Lowest adjacent grade elevation= .
BM. . Elev.= .
L.F.Elev.= (lowest habitable floor elevation).
# N-645 (Miami-Dade)
N/A
SEE DWG
SUFFIX:
L
N/A
8.01'
Not valid unless
it bears the
original raised
seal of Florida
and Mapper.
Surveyors, Mappers and Land Planners
5701 S.W. 107th Avenue, Suite 204, Miami, FL 33173
Phone 305.220.2424 Fax 305.552.8181
L.B. No. 6867 / E-mail: aaasurvey@aol.com
lvarez, iguesvives and ssociates, nc.I HEREBY CERTIFY: that this survey meets the AA
RENE AIGUESVIVES
FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS in chapter 5J-17 Florida Administrative
Code, pursuant to Section 472.027 Florida Statutes.
minimum technical standards as set forth by the
PROFESSIONAL SURVEYOR AND
MAPPER No. 4327. State of Florida.
Field Date
08/07/06
08/08/06
BOUNDARY AND TOPOGRAPHIC SURVEY.IA
Drwg. No.
06-10543S.I.
Drawn by:Scale:
1"=40'
N.W. 199th STREET
(HONEY HILL DRIVE)
N.W. 197th STREET
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= ManholeM.H.
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= RadiusR
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= BearingBRG
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= MeasuredM= Light PoleL.P.
X.X
X = Denotes Spot
Elevations Taken
03/15/09 Survey Update
12/28/11 Survey Update
07/22/13 Survey Update
WAIVER OF PLAT
A portion of Land located in the N.W. 1/4 of the N.W. 1/4 in Section 4, Township 52 South, Range 41 East,
City of Miami Gardens, Miami-Dade County, Florida.
CONTACT PERSON INFORMATION
NAME: DIANA GONZALEZ
E-MAIL:dmgzo@aol.com
OFFICE:305-665-1878
CELLPHONE:305-793-0597
TRACT "A" 6T)W6T)W DFUHV DFUHV
03/07/14 Survey Update
1. NATIONAL FLOOD lNSURANCE PROGRAM DATA;
Community No.120345 Panel: 0109 Flood Zone: X / AE
Base Flood Elev. 7 FT FIRM Date: 09/11/09
2. Miami-Dade County Flood Criteria per Plat Book 120, Page 13,
Miami-Dade County, Florida: 6'
3. Owner: YWCA OF GREATER MIAMI AND DADE COUNTY, INC.
4. Zoning: NC-Neighborhood Commercial
5. Number of Parcels: 1
6. Denotes existing ground elevations
7. Square footage: 16,870 gross sq. ft.
8. Use: Early Learning Center
9. No. of Employees: 50 max
04/30/14 Revised
P A
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N.W. 198th TERRACE
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LOCATION MAP
Section 4, Township 52 South, Range 41 East
SCALE: 1"=300'
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-41
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N.W. 197th TERRACE
N.W. 198th TERRACE
10/17/14 Revised
Page 81 of 156
Pa
g
e
82
of
15
6
18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: June 10, 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: Advertising
Requirement:
Yes No
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: 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, AMENDING THE CRITERIA FOR PROPERTIES
ELIGIBLE FOR ADMINISTRATIVE FORECLOSURE; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
Background
Item K-6) Consent Agenda
Resolution
Administrative Foreclosure
Page 83 of 156
In 2009, the City Council approved Resolution 2009-66-1011 establishing the “Administrative
Foreclosure Program”. At the time, the economy was declining and the housing industry was adversely
affected resulting in vacant and abandoned residential properties blighting the community. As a means
to address the enormous amount liens amassed from unaddressed Code violations on non-homestead
properties, the Administrative Foreclosure Program was developed and implemented with the provision
residential properties must be non-homestead and unoccupied.
Current Situation
Even though the economy is improving, there remain a substantial number of non-homestead
properties with unaddressed code violations and significant liens imposed. To address this condition,
Staff recommends amending the Criteria for Properties Eligibility apply only to non-homestead
properties regardless of occupancy. All other provisions within the program must be met to
administratively foreclose on a qualifying property.
Proposed Action:
Staff recommends Council approval on the proposed resolution amendment.
Attachment:
Page 84 of 156
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AMENDING THE CRITERIA FOR 4
PROPERTIES ELIGIBLE FOR ADMINISTRATIVE 5
FORECLOSURE; PROVIDING FOR THE ADOPTION OF 6
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 7
8
WHEREAS, in 2009, the City Council approved Resolution 2009-66-1011 9
establishing the “Administrative Foreclosure Program”, and 10
WHEREAS, at the time, the economy was declining and the housing industry 11
was adversely affected, resulting in vacant and abandoned residential properties 12
blighting the community, and 13
WHEREAS, the Administrative Foreclosure Program was developed and 14
implemented with the proviso that the properties that were to be foreclosed upon be 15
non-homestead and unoccupied, and 16
WHEREAS, there remain a substantial number of non-homestead properties with 17
unaddressed code violations and with significant liens imposed on them, and 18
WHEREAS, Mayor Oliver Gilbert is recommending that the criteria for property 19
that can be foreclosed on be amended to apply to non-homestead properties regardless 20
of occupancy, and 21
WHEREAS, all other provisions within the Program must be met to 22
administratively foreclose on a qualifying property, 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
Page 85 of 156
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29
hereby amends the criteria for properties eligible for administrative foreclosure in 30
accordance with this Resolution. 31
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: OLIVER GILBERT, III 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
Page 86 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
June 10, 2015 Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes
No Ordinance Reading:
1st Reading 2nd Reading
X Public Hearing:
Yes No Yes No
X
Funding Source:
City of Miami
Gardens General
Obligation Bond
Advertising Requirement:
Yes No
X
Contract/P.O. Required:
Yes No RFP/RFQ/Bid #:
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)
Qual. Of Life & City Image
X
Sponsor Name:
Cameron Benson,
City Manager
Department:City Manager
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE
ORDERS TO BLISS PRODUCTS, INC., IN AN AMOUNT NOT TO EXCEED,
ONE MILLION SEVEN HUNDRED SIXTY-TWO THOUSAND THREE HUNDRED
FORTY-TWO DOLLARS ($1,762,342.00), FOR THE PURCHASE AND
INSTALLATION OF PLAYGROUND EQUIPMENT, IN RELIANCE UPON
MANATEE COUNTY SCHOOL DISTRICT BID NO. 11-0014-MR, ATTACHED
HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
Item K-7) Consent Agenda Resolution Bliss Products/Purchase & Installation of Playground Equipment
Page 87 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
In April 2014, City of Miami Gardens residents approved a $60 million General Obligation Bond
referendum for park improvements and crime prevention, including purchasing and installing crime
prevention equipment, providing facilities for expanding community activities in parks, and renovating,
constructing and purchasing parks facilities and land.
On May 28, 2014, Council adopted Ordinance No. 2014-09-320, authorizing the borrowing of sixty
million dollars ($60,000,000); authorizing the issuance of City of Miami Gardens General Obligation
Bonds to pay costs of remodeling, reconstructing, constructing, reconfiguring, retrofitting, furnishing
and equipping City parks and parks facilities, purchasing crime prevention equipment for law
enforcement assistance via electronic means, providing facilities for expanding community activities in
parks, and renovating, constructing and purchasing parks facilities and land for new or expanded parks.
The City Council approved the Bond Implementation Plan (BIP) at the February 25, 2015 Council
meeting. The BIP outlines various park and public safety improvement projects including the purchase
and installation of playgrounds.
Fiscal Impact
The above costs will be expensed from the General Obligation bond proceeds which are allowable costs
from the bond.
Proposed Action:
It is recommended that the City Council approve the issuance of purchase orders to Bliss Products, Inc.
in the amount of $1,762,342.00 for the purchase and installation of playgrounds at Andover, Bennett
Lifter, Buccaneer, Bunche, Clover Leaf, Dr. Lester B. Brown, Myrtle Grove, Norwood, Rolling Oaks and
Scott park sites. The City of Miami Gardens will piggyback the Manatee County School District bid for
the purchase and installation of playgrounds in accordance with MCSD No. 11-0014-MR for bleacher,
park and playground equipment.
Attachments
Attachments:
A- Copy of Manatee County Contract
B- Bond Implementation Plan (BIP) Narrative
Page 88 of 156
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 ISSUE PURCHASE ORDERS TO BLISS 5
PRODUCTS, INC., IN AN AMOUNT NOT TO EXCEED, ONE 6
MILLION SEVEN HUNDRED SIXTY-TWO THOUSAND THREE 7
HUNDRED FORTY-TWO DOLLARS ($1,762,342.00), FOR THE 8
PURCHASE AND INSTALLATION OF PLAYGROUND 9
EQUIPMENT, IN RELIANCE UPON MANATEE COUNTY 10
SCHOOL DISTRICT BID NO. 11-0014-MR, ATTACHED HERETO 11
AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF 12
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 13
14
WHEREAS, on May 28, 2014, the City Council adopted Ordinance No. 2014-09-15
320, which authorized the issuance of a General Obligation Bond in the amount of Sixty 16
Million Dollars for the purchase of law enforcement equipment and for the construction 17
and renovation of City parks, and 18
WHEREAS, on February 25, 2014, the City Council adopted Resolution No. 19
2014-40-2018, which outlined a Bond Implementation Plan for parks and public safety 20
improvement projects, and 21
WHEREAS, City staff recommends that the City Council authorizes the City 22
Manager to issue purchase orders to Bliss Products, Inc., in an amount not to exceed 23
One Million Seven Hundred Sixty-Two Thousand Three Hundred Forty-Two Dollars 24
($1,762,342.00), for the purchase and installation of playground equipment at Andover, 25
Bennett Lifter, Buccaneer, Bunche, Clover Leaf, Dr. Lester B. Brown, Myrtle Grove, 26
Norwood, Rolling Oaks and Scott parks, and 27
WHEREAS, the City is relying upon Manatee County School District Bid No. 11-28
0014-MR for this purpose, 29
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 31
Page 89 of 156
2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 32
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 33
made a specific part of this Resolution. 34
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 35
hereby authorizes the City Manager to issue purchase orders to Bliss Products, Inc., in 36
an amount not to exceed, One Million Seven Hundred Sixty-Two Thousand, Three 37
Hundred Forty-Two Dollars ($1,762,342.00), for the purchase and installation of 38
playground equipment, in reliance upon Manatee County School District Bid No. 11-39
0014-MR, attached hereto as Exhibit “A”. 40
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 41
upon its final passage. 42
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 43
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 44
45
___________________________________ 46
OLIVER GILBERT, III, MAYOR 47
48
49
50
ATTEST: 51
52
53
__________________________________ 54
RONETTA TAYLOR, MMC, CITY CLERK 55
56
57
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 58
59
60
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 61
62
Moved by: __________________ 63
64
VOTE: _________ 65
Page 90 of 156
3
66
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 67
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 68
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 69
Councilman David Williams Jr ____ (Yes) ____ (No) 70
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 71
Councilman Rodney Harris ____ (Yes) ____ (No) 72
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 73
74
Page 91 of 156
Page 1 of 37
Cut along the outer border and affix this label to your sealed bid/proposal
envelope to identify it as a “Sealed Bid/Proposal”. Be sure to include the
name of the company submitting the bid/proposal where requested.
SEALED BID/PROPOSAL ▪ DO NOT OPEN
SEALED BID/PROPOSAL NO: 11-0014-MR
TITLE OF BID/PROPOSAL: BLEACHER, PARK AND PLAYGROUND
EQUIPMENT
DUE DATE: July 20, 2010
TIME: 3:00 PM
SUBMITTED BY: ________________________________________
(Print Name of Company)
DELIVER TO: PURCHASING DEPARTMENT
SCHOOL DISTRICT OF MANATEE COUNTY
PROFESSIONAL SUPPORT CENTER
2501 63rd Avenue East
Bradenton, FL 34203
PLEASE NOTE PURCHASING/DELIVERY ADDRESS
2501 63RD Avenue East, Bradenton, FL 34203
This is a secured facility. Ensure enough time if dropping off bid.
PLEASE NOTE:
From time to time, addenda’s may be issued for this bid/proposal. Any such addenda will
be posted on the same website from which you obtained this bid/proposal. You should
periodically check our website to download any addenda which may have been issued.
Bids received without addendum acknowledgement shall be considered
nonresponsive.
Do not submit bid prior to addenda due date!
It is the Vendors responsibility to ensure the Purchasing Office receives documents
according to bid specifications. We are not responsible for delivery systems – internal
or external. Bids received in the Purchasing Office after the noted due date and time
will be returned un-opened.
To become a registered vendor, you must complete a Vendor Application and W-9 Form
which are available on our website at www.manateeschools.net/purchase. Click on
“Vendor Application” to print the application, and “W-9 Form” to print the form, complete
both and follow directions listed on our website for submission.
Page 92 of 156
Page 2 of 37
School District of Manatee County
PURCHASING DEPARTMENT
2501 63rd Avenue East
Bradenton, Florida 34203
Direct Line (941) 751-6550 FAX Line (941) 751-7377
Website: www.manateeschools.net/purchase
June 17, 2010
TO ALL INTERESTED BIDDERS:
You are hereby invited by the School District of Manatee County to bid on furnishing and delivering the
following:
BLEACHER, PARK AND PLAYGROUND EQUIPMENT, MCSD No. 11-0014-MR
Sealed bids will be received at the School District of Manatee County Purchasing Office, 2501 63rd
Avenue, East, Bradenton, Florida, 34203, until 3:00 p.m., Tuesday, July 20, 2010.
Bids received in the Purchasing Office after the above specified time and date will not be considered
and will be returned to the bidder unopened. No submissions or amendments made after bid
opening shall be considered.
Bidders shall return the Form of Proposal (both printed original copy and copy on CD disk) in a sealed
envelope, PLAINLY MARKED ON THE OUTSIDE, “BID ON BLEACHER, PARK AND
PLAYGROUND EQUIPMENT, MCSD No. 11-0014-MR.”
If multiple bids are to be opened, they will be opened sequentially by bid number.
Products and/or services shall be in keeping with the specifications as prescribed in this bid. Designation
of a particular brand or make is not meant to restrict bidding but merely to indicate the type and quality
desired.
The Board reserves the right to reject any or all bids, request new bids, consider alternate bids which meet
the general specifications set forth and waive any informality. It also reserves the right to award bids on
such items and/or services it deems will best serve the School District of Manatee County’s interest from
the standpoint of price, quality, and suitability for the intended purpose and any other determining factors.
In addition, the District reserves the right to create, and select suppliers from a “short list” in order to enter
into negotiations with one or more suppliers, with the intent of awarding a contract.
Awards will be made to the most responsive and responsible bidder(s) in the opinion of the Board.
Very truly yours,
Renee Hayes
Purchasing Manager
SCHOOL BOARD
JANE R. PFEILSTICKER
* CHAIRMAN *
ROBERT C. GAUSE
* VICE-CHAIRMAN *
HARRY G. KINNAN
BARBARA A. HARVEY
WALTER E. MILLER
TIM MCGONEGAL
SUPERINTENDENT
* * *
215 MANATEE AVENUE WEST
BRADENTON, FL 34205
TELEPHONE (941) 708-8770
Page 93 of 156
Page 3 of 37
INSTRUCTIONS TO BIDDERS
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, 11-0014-MR
GENERAL BIDDERS INFORMATION: Interested vendors are advised that the School
District of Manatee County will not consider bids which contain an escalation clause for the
initial contract period. It is understood that normal bid processing time will be 30 - 60 days after
opening date of bid and that prices reflected by this bid will be firm through bid processing time
and the delivery of items awarded.
BIDDER’S LIABILITY: Bidders are expected to examine the specifications and all special and
general conditions, requirements and instructions. Negligence on the part of the bidder to make
the necessary examinations and investigations, or failure to fulfill, in every detail, the
requirements of the contract documents, will not be accepted as a basis for varying the
requirements of the district. Failure to follow the instructions contained in the bid for completion
of a bid response is cause for rejection of a bid.
PURCHASE TERMS AND CONDITIONS: This bid and the corresponding purchase orders
will constitute the complete agreement. The School District of Manatee County will not accept
proposed terms and conditions that are different than those contained in this Invitation for Bid,
including pre-printed text contained on catalogs, price lists, other descriptive information
submitted or any other materials. By virtue of submitting a bid, vendor agrees to not submit to
any School District of Manatee County employee, for signature, any document that contains
terms and conditions that are different than those contained herein and that in the event any
document containing any term or condition that differs from those contained herein is executed,
said document shall not be binding on the School District of Manatee County.
CANCELLATION: In the event any of the provisions of this bid/proposal are violated by the
vendor, the School District of Manatee County shall give written notice to the vendor stating the
deficiencies and unless deficiencies are corrected within five (5) days, recommendation will be
made to the School Board for immediate cancellation. The School Board of Manatee County
reserves the right to terminate any contract resulting from this invitation at any time and for no
reason, upon giving thirty (30) days prior written notice to the other party.
Page 94 of 156
Page 4 of 37
Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
DIVISION OF CORPORATIONS REGISTRATION REQUIREMENTS: Vendors who are
required to be registered with the Division of Corporations or who are incorporated within the
State of Florida must furnish their Florida document number. All registered vendors must have
an active status in order to be eligible to do business with the School District of Manatee County.
Bids received from vendors with an inactive status will be considered nonresponsive. The
specific requirements for registration are found in Chapter 607 of the Florida Statutes. To
register, visit Sunbiz.org. The following guidelines may be helpful:
Sole Proprietorship – Individual: A person doing business under his/her own name, as an
individual, is not required to register with the Division of Corporations.
Fictitious Name: A person doing business under a name other than his/her own is required to
register with the Division of Corporations.
Out of State (Foreign) Corporations: A business incorporated in another state that does not have
an office in the State of Florida does not have to register with the Division of Corporations.
In State Corporations: A business that is incorporated in another state that has an office in the
State of Florida or has a subsidiary in the State of Florida is required to register with the Division
of Corporations.
CLARIFICATION OF BIDS: Bidders should email any questions regarding this bid to
purchasing@manateeschools.net no later than July 8, 2010. If you do not receive the reply
message which states “Your questions have been received by the Purchasing Department of
the School District of Manatee County”, please contact the Purchasing Department at (941)
751-6550, Extension 2052. Questions received after the above mentioned date will not be
acknowledged. Changes to the bid which have a material effect shall be communicated to
bidders only by written addenda.
ADDENDA TO BIDS: From time to time, addenda’s may be issued to this bid. Any such
addenda will be posted on the same website from which you obtained this bid
(www.manateeschools.net/purchase) Bids In Progress on July 13, 2010. Bidders should
periodically check our website to download any addenda which may have been issued. It
may be necessary to refresh your computer screen after accessing the website to ensure you
are able to view updated postings and addenda’s. Addenda’s must be acknowledged on the
Form of Proposal in the space provided by the appropriate Addendum Number. Bids
received without addendum acknowledgement shall be considered nonresponsive.
Page 95 of 156
Page 5 of 37
Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
BID OPENING: Shall be public at 3:00 p.m., July 20, 2010, in the School District of Manatee
County Purchasing Office, 2501 63rd Avenue, East, Bradenton, Florida, 34203. It is the
bidder’s responsibility to assure that the bid is delivered at the proper time and place of bid
opening. No submissions or amendments made after bid or proposal opening shall be
considered.
It is the Vendors responsibility to ensure the Purchasing Office receives documents according to
proposal specifications. We are not responsible for delivery systems – internal or external. Bids
received in the Purchasing Office after the noted due date and time will be returned un-opened.
BIDS RECEIVED BY TELEPHONE, TELEGRAPH, EMAIL OR FACSIMILE MACHINES
SHALL BE CONSIDERED NONRESPONSIVE.
FORM: Bids must be typed or printed in ink on the Form of Proposal enclosed herewith and
returned in a sealed envelope. Bids which do not bear the original signature of an authorized
representative in Blue Ball Point Pen on the Form of Proposal or are completed in pencil
will be considered nonresponsive.
LINE ITEM BID CORRECTIONS: The use of correction fluid or erasures to correct line item
bid prices and/or quantities are not acceptable. Corrections must be by line outs of the incorrect
figures, writing in of correct figures and initialing of the corrections by the originator. Correction
fluid or erasure corrected bids will be considered nonresponsive for the corrected items only.
BUDGETARY LIMITATIONS: The School District of Manatee County reserves the right to
reject any item or items and/or increase or decrease quantities as required due to budgetary
limitations.
PURCHASING CARDS: The School District of Manatee County may choose to use a
“P-Card” for ordering of goods and materials or payment of invoices under this bid. The
Bidder, by submitting a bid, agrees to accept this manner of payment and may not add
additional handling charges or service fees to purchases made with the District’s
Purchasing Card(s). Refusal to accept this condition may cause the bid to be declared non-
responsive, or result in revocation of the contract, if already awarded. A secured
customized website for the School District of Manatee County will be setup with password
capabilities which reflect pricing awarded on this bid at the discretion of the School
District. No third party payment, i.e. Pay pal will be considered.
AWARDS: The School District of Manatee County reserves the right to make award(s) on an
individual, multiple, lump sum or low total basis.
Page 96 of 156
Page 6 of 37
Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
PURCHASES BY OTHER PUBLIC AGENCIES: With the consent and agreement of the
successful bidder(s), purchases may be made under this bid by other governmental agencies
within the State of Florida. Such purchases shall be governed by the same terms and conditions
as stated herein.
NONCOMPLIANCE WITH CONTRACT: It is expected that the service contract will be for the
period of August 24, 2010 through August 23, 2013. Any deviation from the awarded contract
period or cancellation of any item(s) awarded may result in your company being barred from
doing business with the School District of Manatee County, in accordance with School District
Policies and Procedures. Other assessments as outlined elsewhere in this document may also
apply. Multi year contracts will automatically renew for one (1) year periods during the initial
contract period above, unless the District notifies the supplier of intent to rebid or negotiate new
terms ninety (90) days prior to the contract anniversary date.
NON-FUNDING CLAUSE: In the event sufficient budgeted funds are not available for a new
fiscal period, the Purchasing Department shall notify the vendor of such an occurrence and the
contract shall terminate on the last day of the current fiscal period without penalty or expense to
the District.
COMPLIANCE REQUIREMENTS: Vendors/Bidders acknowledge and understand that the
projects contemplated by this contract are being constructed on public property owned by the
School District of Manatee County, which property may at various times during construction be
occupied by students, teachers, parents and school administrators. Accordingly, in order to
secure the property, protect students and staff, and otherwise comply with applicable law, the
vendor/bidder agrees to all provisions and instructions contained in this bid document and agrees
that the failure of vendor/bidder to comply with any of these provisions and instructions may
result in the termination of this contract by the School District of Manatee County.
UNAUTHORIZED ALIENS: The School District of Manatee County considers the
employment of unauthorized aliens by the vendor/bidder, or any of its subcontractors, a violation
of the Immigration and Naturalization Act. Vendor/Bidder shall screen those working on the
project site to insure no unauthorized aliens are present at any time. If it is determined that an
unauthorized alien is working on the Project, the Vendor/Bidder shall immediately take all steps
necessary to remove such unauthorized alien from the property and the project.
Page 97 of 156
Page 7 of 37
Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
POSSESSION OF FIREARMS: Possession of firearms will not be tolerated on the project or
any School District of Manatee County property. No person who has a firearm in their vehicle
may park their vehicle on School District property. Furthermore, no person may possess or bring
a firearm on School District property. If any employee or independent contractor of the
vendor/bidder, or any of its sub-contractors, is found to have brought a firearm on School
District property, said employee or independent contractor shall be immediately removed and
terminated from the project by the vendor/bidder. If a sub-contractor fails to terminate said
employee or independent contractor, the vendor/bidder shall terminate its agreement with the
sub-contractor. If the vendor/bidder fails to terminate said employee or independent contractor
or fails to terminate the agreement with the sub-contractor who fails to terminate said employee
or independent contractor, this agreement may be terminated by the School District of Manatee
County. “Firearm” means any weapon (including a starter gun or antique firearm) which will, is
designed to, or may readily be converted to expel a projectile by the action of an explosive, the
frame or receiver of any such weapon, any destructive devise, or any machine gun. Powder
actuated construction nailers and fasteners are excluded from this definition.
CRIMINAL ACTS: Employment on the project by the Vendor/Bidder, or any of its
subcontractors, of any employee, or independent contractor, with any prior convictions of any
crimes against children, crimes of violence or crimes of moral turpitude will not be tolerated. If
it is determined that any person with such criminal history is on the project site, the
Vendor/Bidder agrees to take all steps necessary to remove such person from the project and the
property. The School District of Manatee County shall have the right to terminate this agreement
if the Vendor/Bidder does not comply with this provision.
SEXUAL PREDATORS/JESSICA LUNSFORD ACT: Beginning September 1, 2005, vendors,
individuals or entities under contract with the School Board of Manatee County who are
permitted access on school grounds when students are present and must comply with section
1012.465, Florida Statutes, must meet Level 2 screening requirements as described in Section
1012.32 Florida Statutes. Subsection (3 of Section 1012.465) states, “If it is found that a person
who is employed or under contract in a capacity described in Subsection (1) does not meet the
Level 2 requirements, the person shall be immediately suspended from working in that capacity
and shall remain suspended until the final resolution of any appeals.” Vendors, individuals or
entities under contract with the School Board of Manatee County required to go on school
grounds when students are present, must comply with the requirements of the law and
agree to indemnify and hold harmless the School Board of Manatee County for any claims
made against the School Board related to the failure to comply with Section 1012.465.
Page 98 of 156
Page 8 of 37
Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
VISITOR IDENTIFICATION SYSTEM: A Visitor Identification System has been implemented
by the School District of Manatee County. A driver’s license or government issued photo id will
be required for scanning into the system and a visitor’s pass will be issued to individuals visiting
district sites.
POSSESSION/USE/UNDER THE INFLUENCE OF MIND ALTERING SUBSTANCES:
Possession/use and/or being under the influence of any illegal mind altering substances, such as,
but not limited to alcohol and/or substances delineated in Chapter 893, Florida Statutes, by
Vendor/Bidder’s employees or independent contractors or its sub-contractors employees or
independent contractors will not be tolerated on School District property. If any employee or
independent contractor is found to have brought and/or used or is under the influence of any
illegal mind altering substances as described above on School District property, said employee or
independent contractor shall be removed and terminated from the project by the Vendor/Bidder.
If a sub-contractor fails to terminate said employee or independent contractor, the Vendor/Bidder
shall terminate its agreement with the sub-contractor. If the Vendor/Bidder fails to terminate
said employee or independent contractor or fails to terminate the agreement with the sub-
contractor who fails to terminate said employee or independent contractor, this agreement may
be terminated by the School District of Manatee County.
CONTACT WITH STUDENTS: No employees or independent contractors, material men,
supplier or anyone involved in any manner with projects resulting from this bid shall have direct
or indirect contact with students at project sites. A violation of this provision shall result in
immediate termination of the offender and issuance of a trespass notice from the School District.
Vendor/Bidder shall be responsible for insuring compliance by all employees, independent
contractors and sub-contractors or other persons involved in any manner with projects resulting
from this bid.
STANDARDS OF CONDUCT: Vendors awarded a contract will be held to the same standards
of conduct as employees of the School District of Manatee County while conducting business
with the District. These standards, as defined in School Board Policies, will apply not only to
employees of the vendor, but also to the employees of its sub-contractors.
EVALUATION CRITERIA: Documented poor performance of contractors on previous
contracts with the School District of Manatee County or other governmental entity will be
considered during evaluation and may be sufficient cause not to award.
Page 99 of 156
Page 9 of 37
Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
VARIANCE TO BID DOCUMENTS: For the purpose of bid evaluation, bidders must clearly
stipulate any or all variances to the bid documents or specifications, no matter how slight. If
variations are not stated in the vendor’s bid proposal, it shall be construed that the bid proposal
submitted fully complies in every respect with our bid documents.
NO BIDS: If a quotation is not made, it is imperative for future consideration on bids and quotes
that the “Statement of No Bid” form enclosed herewith be completed and returned. Otherwise, a
no response will be interpreted as indicating the vendor does not desire to do business with the
School District of Manatee County and the company name will be removed from our Bid
Mailing List.
BIDDER’S ERRORS: Where unit price and total price cannot be reconciled, the quoted unit
price shall govern. Where numerical price and written price cannot be reconciled, the written
price shall govern. No submissions or amendments made after bid or proposal opening shall be
considered.
BID RENEWAL: By mutual consent of the School District of Manatee County and the
successful bidder(s), this contract may be renewed or renegotiated for two (2) additional one year
periods.
BID TABULATIONS: After approval by the School District of Manatee County, bid tabulations
will be available for review on the same Web Site from which you obtained this bid,
(www.manatee.k12.fl.us/purchase) Awarded Bids.
NOTICE OF INTENT TO AWARD BIDS: Once bids are evaluated and a recommendation for
award is received by the Purchasing Department, a Notice of Intent to Award will be posted on
the Purchasing Web Site. The recommendation for award is not official until this notice is
posted. Bidders are invited to visit the Purchasing Web Site (www.manatee.k12.fl.us/purchase)
Bids In Progress to obtain this information.
Page 100 of 156
Page 10 of 37
Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
DISPUTE: Bid tabulations with recommendations will be posted on the Purchasing website
(www.manateeschools.net/purchase) Bids In Progress. A bidder who wishes to file a protest
pertaining to a bid must file such notice in accordance with procedures prescribed by Florida
Statute 120.57(3), Florida Administrative Code 28-110 and School District Policy 7.15. The
notice must be filed with the Purchasing Manager.
Any person who is adversely affected by the District’s decision or intended decision shall file
with the Purchasing Manager, a notice of protest in writing within seventy-two (72) hours after
the posting of the bid tabulation or Notice of Intent to Award and shall file a formal written
protest within ten (10) calendar after filing the notice of protest. With respect to a protest of the
specifications contained in an Invitation for Bid or Request for Proposal, the notice of protest
shall be filed in writing within seventy-two (72) hours after the receipt of notice of the project
plan and specification or intended project plan and specifications in an Invitation for Bid or
Request for Proposal, and the formal written protest shall be filed within 10 days after the date
the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written
protest shall constitute a waiver of proceedings under this chapter. The formal written protest
shall state with particularity the facts and law upon which the protest is based. Saturdays,
Sundays, and legal holidays shall be excluded in the computation of the seventy-two (72) hour
time periods provided in this paragraph.
Any person who files an action protesting a decision or intended decision pertaining to a bid
pursuant to Florida Statute 120.57(3)(b), shall post at the time of filing the formal written protest,
a bond payable to the School District of Manatee County in an amount equal to one percent (1%)
of the total estimated contract value, but not less than $500 nor more than $5,000, which bond
shall be conditioned upon the payment of all costs which may be adjudged against the protester
in the administrative hearing in which the action is brought and in any subsequent appellate court
proceeding. In lieu of a bond, a cashier’s check, treasurer’s check, bank draft of any national or
state bank payable to the School District of Manatee County will be an acceptable form of
security. If, after completion of the administrative hearing process and appellate court
proceedings, the District prevails, it shall recover all costs and charges which shall be included in
the final order or judgment, including charges made by the Division of Administrative Hearings,
but excluding attorney’s fees. Upon payment of such costs and charges by the protester, the
remainder, if any, of the protest security shall be returned. If the protester prevails, protester
shall recover from the district all costs and charges which are included in the final order of
judgment, excluding attorney’s fees.
Failure to file a notice of intent to protest, or failure to file a formal written protest within the
time prescribed in Florida Statute 120.57(3), shall constitute a waiver of proceedings under
Chapter 120, Florida Statutes.
Page 101 of 156
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Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
MINIMUM ORDER: Bids requiring minimum quantity and/or dollar purchases will be
considered only if determined to be in the best interest of the School District.
DEFAULTS: If the Bidder defaults after the Board awards a bid, the Bidder shall pay to the
School District of Manatee County, as liquidated damages, an amount equal to five percent (5%)
of the unit prices times the quantity of each item in question, or $25.00, whichever amount is
larger. If the bid pricing was expressed as a lump sum amount, the amount due will be five
percent (5%) of the remaining value of the contract. A successful bidder who fails to pay said
liquidated damages within fifteen (15) days after notification that liquidated damages are due,
shall lose eligibility to transact business with the School District of Manatee County for a period
of not less than one (1) year, but no more than two (2) years after the date of the default.
Thereafter, the bidder may request to be reinstated to the active vendor list(s).
In addition, failure of any delivered item to conform to specifications as bid shall constitute a
default in the contract and shall be subject to return or replacement at the buyer’s option. Failure
to deliver one (1) or more items on two (2) or more consecutive deliveries will be viewed as
delivery default and will be considered grounds for canceling all awarded items and sites.
Penalties may be assessed when failure to deliver places a financial burden on the School Board.
USE OF OTHER CONTRACTS: The School Board of Manatee County reserves the right to
utilize any other School District of Manatee County contract, any State of Florida contract, any
contract awarded by any other city or county governmental agencies, other school board, other
community college/state university system cooperative bid agreement, or to directly
negotiate/purchase per School Board policy and/or State Board Rule 6A-1.012, as currently
enacted or as amended from time to time, in lieu of any offer received or award made as a result
of this bid if it in its best interest to do so.
Page 102 of 156
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Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
INSURANCE: The successful bidder shall furnish the School District of Manatee County with
proof of:
(1) Statutory Limits of Worker’s Compensation in compliance with Chapter 440,
Florida Statute, if required.
(2) Employer’s Liability Insurance in an amount not less than $300,000.00 per
occurrence.
(3) Comprehensive General Liability Insurance in an amount equal to or greater than
$100,000.00 per person and $200,000.00 per occurrence for any occurrence
resulting in bodily injury or death to any one or group of persons, including any
consequential damages that arise therefrom.
If policy is on a “CLAIMS MADE” basis, contractor’s insurance carrier will
identify policy as such and indicate in writing the amount of claims paid by this
policy and reserves outstanding. Policy aggregates must equal at least two (2)
times the occurrence limit.
(4) Liability Insurance in an amount equal to or greater than $100,000.00 per person
and $200,000.00 per occurrence for bodily injuries and/or death to any person or
persons caused by passenger automobiles or commercial vehicles.
(5) Liability Insurance equal to or greater than $200,000.00 per occurrence for
property damage caused by passenger automobiles or commercial vehicles.
(6) Property Damage Insurance for damage other than that described in 4 above in an
amount equal to or greater than $200,000.00 per occurrence. Said property
coverage shall provide coverage for all consequential damage arising from the
negligent operation of the contractor, a subcontractor, or by anyone directly or
indirectly employed by either of them. Coverage shall be on a “BROAD FORM”
basis.
(7) Contractual Liability Insurance in an amount equal to or greater than $200,000.00
per occurrence. Policy must include endorsement for indemnification in the event
third party damages are sought against the School District.
(8) Personal Injury Coverage (not bodily injury) in an amount equal to or greater than
$100,000.00 per person and $200,000.00 per occurrence.
Page 103 of 156
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Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
INSURANCE – continued
(9) Completed Operations Endorsement equal to or greater than $200,000.00 per
occurrence.
(10) Independent Contractors Endorsement in an amount equal to or greater than
$200,000.00 per occurrence.
(11) Additional Insured Endorsement: The School District of Manatee County shall be
named as an additional insured on all policies that are required by these
specifications.
(12) Cancellation Notice: All policies in effect shall contain cancellation
endorsements providing sixty (60) days written notice of such cancellation, non-
renewal and/or reduction in coverage limits prior to the effective date of such
cancellation, non-renewal and/or reduction.
(13) Contractor shall maintain at all times during the construction of the project a
“Builders Risk” policy equal to the amount of the project, and shall include, as a
minimum the following coverage’s: Fire, Extended Coverage, Vandalism and
Malicious Mischief. (All Risk policies are preferred.)
(14) Indemnification shall be in accordance with section 725.06, Florida Statutes.
Page 104 of 156
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Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
COPELAND “ANTI-KICKBACK” ACT (34 CFR 80.36(i) (4): All vendors, contractors and
sub-contractors must comply with the Copeland “Anti-Kickback” Act (18 U.S.C. 874) as
supplemented in Department of Labor Regulations (29 CFR Part 3).
DAVIS-BACON ACT (34 CFR 80.36(i) (5): All vendors, contractors and sub-contractors must
comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of
Labor Regulations (29 CFR Part 5) if contracts are in excess of $2000 awarded by grantees and
sub-grantees when required by Federal grant program legislation.
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (34 CFR 80.36(i) (6): All
vendors, contractors and sub-contractors must comply with sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of
Labor Regulations (29 CFR Part 5).
INDEMNITY: Indemnifications as specified in section 725.06, Florida Statute, the bidder
agrees to indemnify and hold the School Board of Manatee County harmless from all third party
claims and all costs, including attorney’s fees incurred by the School Board in defending same to
the extend such claims are based on a defect in a product or part thereof, supplied hereunder, or
failure of such product or part thereof to conform.
COMPLIANCE WITH REGULATIONS: Federal, state, county, and local laws, ordinances,
rules, and regulations that in any manner affect the items covered herein apply. Lack of
knowledge by the bidder will in no way be a cause for relief from responsibility. The bidder
shall have in their possession all applicable insurance, permits, licenses, etc., which may be
required by federal, state, or county law to furnish services under the scope of this contract. The
successful bidder(s) must not be in violation of any zoning or other ordinances in the
performance of this contract.
VENUE: The laws of the State of Florida shall govern this contract. Venue shall be in Manatee
County, Florida and the sole and exclusive jurisdiction to resolve any disputes arising under the
contract shall be in the county or circuit court for Manatee County, Florida.
Page 105 of 156
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Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
CONFLICTS OF INTEREST AND KICKBACKS: Any bidder giving or offering to any
employee and/or official of the School District of Manatee County, either directly or indirectly,
any rebate, percentage of contract, money or other things of value as an inducement or intended
inducement, in the procurement of this or any other bid, shall be deemed in violation of this
agreement, in addition to being in violation of any other municipal, county, state and federal laws
and/or ordinances.
IDENTIFICATION: The contractor and sub-contractors shall be required to see that their
personnel maintain visible personal identification on each employee. Vendor’s employees must
be appropriately attired (including shirt). Employees shall be required to dress neatly without
vulgar or otherwise offensive apparel, commensurate with the location and types of tasks being
performed.
SAFETY STANDARDS: All equipment must meet the applicable requirements of the
Occupational Safety and Health Act (OSHA) and any standards thereunder.
MATERIAL SAFETY DATA SHEETS: Any items bid which contain substances found on the
current State of Florida Toxic Substances List must include with shipment the appropriate
Material Safety Data Sheets (MSDS).
UNITS OF MEASURE AND LOT SIZES: The item units of measure shall be as indicated on
the Form of Proposal. If manufacturer’s standard packaging is different than the quantity listed,
it shall be the vendor’s responsibility to convert the bid price to the requested unit of measure.
Bids received for items which have not been converted to the requested units of measure shall be
considered nonresponsive for that item. Additionally, bidders must indicate the units of measure
they are able to supply.
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Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
CANCELLATION OR CHANGES IN SPECIFICATIONS: The Board reserves the right to
cancel an awarded bid without penalty or negotiate changes to specifications as required by
changes to local, State or U. S. Government regulations concerning the contents of products
desired.
INSPECTION: All items shall be subject to inspection after receipt at destination. Any
deviation from the specifications, shortage of weights and/or any commodities that are found to
be inferior or otherwise not in conformity with the specifications, the School District of Manatee
County shall have the right to reject. Further, the rendering of inferior products or poor service,
shall constitute a Breach of Contract and upon receipt of written notification of unsatisfactory
performance, the contract shall be terminated immediately.
FACILITY INSPECTION: The School District of Manatee County reserves the right to inspect
or have their representatives inspect the supplier’s facilities at any time.
NOTIFICATION OF AWARD: After award by the School Board of Manatee County, bidders
are invited to visit the Purchasing website (www.manateeschools.net/purchase) Awarded Bids, to
obtain award information.
DELIVERY DATES: Delivery time shall be in accordance with time frames stipulated on the
Form of Proposal by each vendor. Any delivery including back ordered items, not made within
the specified period of time may be assessed a one percent (1%) per day late charge unless prior
written approval is obtained from the Purchasing Department. Assessment of such charge will
be applied to all sums owing said vendor. Assessment of said charge will be at the sole
discretion of the School District of Manatee County and administered by the Purchasing
Manager. Other assessments as outlined elsewhere in this document may also apply.
Page 107 of 156
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Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
OVER SHIPMENTS/INCORRECT SHIPMENTS: Vendors will be notified of over shipments
and/or incorrect shipments. If return authorization is not received within thirty (30) days, such
items shall be considered as donations to the School District.
PALLETIZED SHIPMENTS: All shipments, except foam products, shall be palletized. The
School District of Manatee County reserves the right of refusal at the delivery location for
unpalletized shipments. No additional shipping charges shall be incurred due to refusal of
shipment.
DELIVERY NOTICE: Vendors shall notify the School District of Manatee County forty-eight
(48) hours prior to delivery to ensure availability of receiving personnel. The School District
reserves the right of refusal at delivery location if prior notice has not been received.
PURCHASE ORDER NUMBER: The School District of Manatee County’s purchase order
number must appear on all packages, labels, cartons, packing slips, bills of lading, invoices and
all correspondence referring to all orders. Orders received without the purchase order number
prominently displayed shall be subject to refusal and return at the vendor’s expense.
TAX EXEMPTIONS: When purchasing directly from a supplier the School District of Manatee
County, Florida is exempt from Federal Excise, State Sales and Use Taxes. Tax exemption
certificates and numbers will be furnished on request.
FREIGHT CHARGES: Successful bidder(s) shall ship all materials F.O.B. DESTINATION.
Shipments sent freight collect will be subject to refusal at receiving point.
FREIGHT CLAIMS: It shall be the responsibility of the shipper to replace damaged and/or lost
shipments. Freight inspection reports will be furnished to the shipper promptly upon receipt
from the carrier; however, it will be the shipper’s responsibility to file a claim against the carrier.
PAYMENT TERMS: The standard payment terms for the School District of Manatee County
are Net 30. Invoices must include the purchase order number prominently displayed in order to
receive payment. Payments will be made only to the vendor listed on the purchase order.
Page 108 of 156
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Instructions to Bidders – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
PUBLIC ENTITY CRIMES CERTIFICATE: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
section 287.017, Florida Statute, for CATEGORY TWO for a period of 36 months from the date
of being placed on the convicted vendor list.
DRUG FREE WORK PLACE CERTIFICATION: In accordance with section 287.087, Florida
Statute, whenever two or more bids, proposals or replies that are equal with respect to price,
quality, and service are received by the School District of Manatee County for the procurement
of commodities or contractual services, a reply received from a business which certifies that it
has implemented a Drug Free Workplace Program by signing the enclosed Drug Free Workplace
Certification Form, shall be given preference in the award process.
FEDERAL DEBARMENT CERTIFICATION FORM: As required by Executive Order 12549,
Debarment and Suspension, 7CFR Part 3017 Section 3017.510 and/or 34 CFR Part 85, Section
85.510, Participants Responsibilities, a sworn statement is enclosed for proper completion and
return with the bid for prospective participants in lower tier covered transactions for any single
contract or single purchase order in excess of $100,000.00.
SCHOOL DISTRICT POLICY: In accordance School Board of Manatee County Policy and
Procedures, no contract for providing supplies, equipment or services shall be effected with any
individual or business entity in which any member of the School Board of Manatee County or
the Superintendent has any financial interest. No contract for goods or services may be made
with any business entity in which the Superintendent, Board Member or their spouse or child has
an employment relationship or a material interest. No School Board employee may directly or
indirectly purchase or recommend for purchase of goods or services from any business
organization in which his/her spouse or child has a material interest as defined in Florida Statutes
112.
EX PARTE COMMUNICATION: To assure proper and fair evaluation of submissions, after
submissions are received the District prohibits ex parte communication initiated by the submitter
to Board members and discourages ex parte communication initiated by the submitter to any
District official or employee evaluating or considering the submissions prior to the time a
decision has been made. Communication between a submitter and the District will be initiated
by the appropriate District official, employee or designated consultant in order to obtain
information or clarification needed to develop a proper and accurate evaluation of the
submission. Ex parte communication may be grounds for disqualifying the offending submitter
from consideration or award of the contract then in evaluation or any future contract.
Page 109 of 156
Page 19 of 37
SPECIFICATIONS/SCOPE OF WORK
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, MCSD No. 11-0014-MR
SCOPE: The purpose and intent of this Invitation to Bid is to establish a firm, fixed discount
from manufacturer’s and/or bidder’s current catalog price list for the purchase of various
bleacher, park and playground equipment. Additionally, this Invitation to Bid shall also establish
a firm, fixed percentage of manufacturer’s and/or bidder’s current catalog price list, after
applying the above requested discount for purchase, for the installation of bleacher, park and
playground equipment as requested. It is understood that current price list are subject to change;
however, percentage shall remain fixed. No extra charges or compensation will be allowed for
installation.
DELIVERY: Prices bid shall be FOB destination to the School District of Manatee County
locations, as directed at time of order placement. If a separate charge for shipping is added, price
must be firm and based on a price per carton weight total.
Successful bidder’s/contractors are responsible for supplying all labor, materials, and equipment
required for the off-loading and placement of items as directed, at ALL delivery locations,
without assistance of School District personnel with the exception of deliveries to our School
District Warehouse. A minimum of forty-eight (48) hours advance notification of delivery is
required of all freight carriers.
All freight charges to provide above requirements are to be prepaid by successful bidder’s
/contractors and added to invoice. Complete documentation of all charges must accompany each
invoice for payment.
It is further agreed by all vendors signing this bid that title to all items ordered, remain with the
vendor until received and accepted by the School District of Manatee County. Vendor is
required to file all claims for damages/shortages etc.
CERTIFICATION-INSTALLERS: All bidder’s must supply WRITTEN FACTORY
/MANUFACTURERS CERTIFICATION that they are certified/authorized to install
playground equipment as required by the manufacturer. Failure to supply this
documentation may result in bid rejection. Installers shall have a Certified National
Playground Safety Inspector (NPSI) present during installations and repairs.
Page 110 of 156
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Specifications/Scope of Work – continued
Bid on Bleachers, Park and Playground Equipment, No. 11-0014-MR
FIXED PERCENTAGE DISCOUNT: Equipment: Bidder shall indicate, in the spaces provided
on the Form of Proposal, their firm fixed percentage discount to be deducted from the catalog list
prices.
Installation: Bidder shall indicate in the spaces provided on the Form of Proposal their firm
fixed percentage of COST (after discount) for installation on bleachers, park and playground
Equipment to be installed. The school Board may elect in certain circumstances to purchase only
materials and have those materials installed by District staff. These items will be shipped to a
designated allocation and unload by District staff.
CATALOG: Each Bidder shall submit with this bid at no charge two (2) current catalog(s). All
catalogs shall clearly identify the bid number, bid name, and the Bidder’s name, address and
telephone number. Additionally, each Bidder awarded an optional year renewal will submit at no
charge two (2) current catalog(s) as requested. Upon Board approval of bids, all successful
Bidder’s will be provided a current listing of schools to send one (1) current catalog(s).
Catalog(s) shall clearly identify the bid number, bid name, and the Bidder’s name, address and
telephone number, for distribution at vendors’ expense. Additional supply of catalogs must be
provided to the Purchasing Department as directed at no charge..
SCOPE OF WORK: The successful bidder(s) shall furnish, at their expense, all supervision,
equipment, machine, tools, materials, labor, transportation, and other facilities and services
necessary to perform the work specified herein.
The School District of Manatee County will provide water and electricity from point of closest
hook-up only (no hoses or electrical cables will be provided) at sites specified.
The installation-contractor shall be responsible for the protection of all buildings, structures, and
utilities that are underground, above ground, or on the surface from their operations that may be
hazardous and/or damaging to said facilities.
The installation-contractor shall be responsible for the protection of all personnel against hazards
and/or injuries due to their construction operation at the work site.
Installation-contractor shall be responsible for correction/replacement, according to local codes
and School District’s satisfaction, of all water lines, sanitary lines, electrical lines, curbs,
sidewalks, streets, parking lots, grassed areas, etc., broken or damaged as the result of
contractor’s operation. Installing contractor shall be required to call for a locator prior to any
work performed.
Installation-contractor shall be responsible for the safeguarding of all tools and equipment at all
times.
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Specifications/Scope of Work – continued
Bid on Bleachers, Park and Playground Equipment, No. 11-0014-MR
SCOPE OF WORK- cont’d
Supplier/installation contractors shall not inhibit access to school centers during pursuit of work
specified herein.
Installation-contractor shall leave work site in a neat and orderly fashion at the end of each work
day.
The installation-contractor shall be responsible to ensure frequent pick-up of all rubbish, refuse,
scrap materials, and debris as a result of their operations so that work site presents a neat and
orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises.
NO rubbish shall be deposited as fill on the work site. At completion of work, the contractor
shall remove all work materials, tools, construction equipment, machinery, and surplus materials
from the work site and shall leave project in ready to use condition.
Supplier/installation contractors or a representative, daily while on campus, shall sign in at the
school center’s main office prior to commencing any work and shall sign out at school’s office
prior to leaving campus. In addition, they must apprise themselves and abide by the rules and
regulations of that particular school site.
Installation-contractor shall be responsible for unpacking, uncrating and installation at job site in
accordance with specifications herein.
Installation-contractor shall ensure all work is installed straight, level, plum and in workmanlike
manner.
Installation-contractor shall verify and be responsible for the accuracy of all field measurements.
Installation-contractor shall be responsible for restoration of the site to its original condition to
include re-sodding of the area affected by their work with sod which is of the same variety and
quality as the surrounding sod. Where no sod exists prior to installation, the contractor shall
restore grade to a level consistent with the surrounding grade.
Supplier/installation contractors shall be responsible for the appearance of all working personnel
assigned to the project (clean and appropriately dressed at all times).
An English-speaking supervisor/representative must be on the work site at all times, who shall be
thoroughly knowledgeable of all plans, specifications and other contract documents and has the
authority to act in the installation-contractor’s behalf.
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Specifications/Scope of Work – continued
Bid on Bleachers, Park and Playground Equipment, No. 11-0014-MR
SCOPE OF WORK- cont’d
Equipment/Installation shall be in compliance with the following Manatee County School
District Playground Equipment Committee’s guidelines:
1) General: Public use playground equipment shall meet all the requirements of the current
ASTM F1487 American Standards for Testing and Measurement and the CPSC
Consumer Product Safety Commission and ADA Accessibility guidelines:
2) Specific: Individual pieces of equipment shall meet specific design requirements, in addition
to the general design, as indicated in bid specifications.
3) Requirements not addressed in above guidelines shall be in compliance with prevailing safety
standards as set forth in “A Handbook for Public Playground Safety” developed by the U.S.
Consumer Product Safety Commission and such safety standards indicated by the Florida
Recreation and Parks Association. All equipment/installation shall meet current ASTM
Playground Safety Standards for Playground Equipment for Public Use. All state, federal and
local safety rules and regulations also must be met.
Upon completion of installation, the Certified National Playground Safety Inspector and the
School District of Manatee County Representative shall perform a final inspection prior to use.
SUBCONTRACTORS: If subcontractor will be utilized, identify company name as directed on
proposal pages 28 through 33. Additional subcontractor may be added per Bidder’s written
request at the discretion of the Purchasing Department.
BLEACHERS: Bleacher design and installation shall meet the Current Florida Standard
Building Code and NFPA 102. Bleachers shall be furnished and installed by authorized
manufacturer’s representatives. Upon completion of Bleacher installations, bleachers shall be
inspected by a Licensed Structural Engineer, at the contractors expense, prior to utilization.
HOURS OF OPERATION: The installation-contractor is advised that the installation of these
units shall be coordinated with the Project Manager and Principal at each school site. It shall be
the installation-contractor’s responsibility to perform measures to include erection of barricades
and signs to isolate their work site and minimize the possibility of injury to staff, students and the
general public.
WARRANTY: Supplier/installer shall guarantee entire installed system to be free of defects in
workmanship and materials for a period of at least three years from date installation is accepted.
Supplier and/or installer shall repair and/or replace, at no cost to the School District, any defects
or malfunctions noted during the warranty period and shall in addition transfer any
manufacturer’s guarantee for supplier/installer furnished equipment extending beyond this
contract period to the owner.
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Specifications/Scope of Work – continued
Bid on Bleachers, Park and Playground Equipment, No. 11-0014-MR
PRODUCT LIABILITY: Products insured for not less than $1,000,000 per occurrence
combined single limit for bodily injury and property damage. The vendor must agree by signing
this contract that products liability coverage will be purchased for all equipment installed for a
minimum of seven (7) years. The manufacturer must immediately notify the School District of
Manatee County, in writing, of any product defects or safety code violations that they become
aware of after equipment is installed on School District property as a result of this contract. This
notification must be sent by certified mail to: School District of Manatee County, Attn: Forrest
Branscomb, Risk Manager, 215 Manatee Avenue West, Bradenton, Florida, 34205.
PRICE ADJUSTMENT: The discounts, terms and conditions of this bid are to remain firm
throughout the contract period August 24, 2010 through August 23, 2013. If, during the contract
period, the vendor issues an upgraded catalog, replacements to the catalog submitted with the
bid, such replacements are to be forwarded to the Manatee County School District Purchasing
Department, 2501 63rd Avenue East, Bradenton, FL 34203. Attn: Melody Ryan, Buyer. The
replacements are to be received no less than twenty-one (21) days prior to the effective date of
same, along with a written request for acceptance and stating the effective date of such changes.
Supplier-contractor must deliver copies of the replacement catalogs with new manufacturer
prices to all Manatee County District Schools as indicated on list received.
The above replacement catalogs shall not be upgraded more than one time in any contract period.
No changes in pricing will be honored for the length of this contract.
ORDERS: The District is not obligated to place any order with any supplier/contractor
participating in this bid. However, all schools will be urged to refer to catalogs and discounts of
awarded vendors in order to obtain items in the most economical manner.
Recommended vendors supplying schools with quotations/purchase information shall also
provide the following with each submittal:
1) Independent Lab Certification of compliance with ASTM structural integrity tests.
2) Certification by manufacturer that design complies with current ASTM F1487 for
Public Use safety specifications.
3) Certification by manufacturer of compliance with current CPSC guidelines.
4) Written information that the piece of equipment being quoted complies with current
ASTM ADA specifications.
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Specifications/Scope of Work – continued
Bid on Bleachers, Park and Playground Equipment, No. 11-0014-MR
ORDERS - continued
5) Written information regarding the age appropriateness of each piece of
equipment.
6) Copy of Certificate of Insurance listing the School Board of Manatee County as
additional insured.
7) Any other documentation deemed pertinent by the School District of Manatee
County Playground Safety Committee.
Supplier/contractor shall provide the following information after installation of playground
equipment:
1) Copies of all blueprints, specifications, manufacturer’s instructions, extensive
parts list, warnings, and any other documentation deemed appropriate by the
School Board Grounds Maintenance Department.
2) Certification of proper installation following final inspection from
Manufacturer/Supplier, including the certification of the location as required by
current ASTM F1487 and CPSC guidelines.
3) Sign-off letter from supplier-contractor stating the date of final inspection,
problems found (if any), and repairs made.
LIAISON: Successful installation-contractor shall liaison with designated School District
Project Manager or Principal (as applicable) to schedule installation and to arrange for an
inspection of finished project.
ESTIMATED DOLLAR VALUE: No guarantee as to the dollar amount of this bid is implied or
given.
REPAIRS: Hourly rates will be provided on the Form of Proposal for repairs of bleacher,
park and playground equipment. Repairs shall be made by an active Certified National
Playground Safety Inspector which has been approved and certified by the manufacturer to make
repairs on specific brands of equipment. Component parts shall be bid on an as needed basis.
Page 115 of 156
Page 25 of 37
STATEMENT OF “NO BID”
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, 11-0014-MR
School District of Manatee County
Purchasing Department
2501 63rd Avenue, East
Bradenton, FL 34203
We are not submitting a BID ON BLEACHER, PARK AND PLAYGROUND
EQUIPMENT, MCSD No. 11-0014-MR for the following reasons:
_____ Insufficient time to respond.
_____ We do not offer this product or service.
_____ Our schedule would not permit us to perform.
_____ Unable to meet specifications.
_____ Unable to meet insurance requirements.
_____ Other (Specify Below)
__________________________________________________________________
__________________________________________________________________
Please check one:
_____ Please keep our name on your Bidder’s List for this classification of materials/services.
_____ Please remove our name from your Bidder’s List for this classification of
materials/services.
NAME OF BIDDER ____________________________________
ADDRESS ____________________________________
____________________________________
SIGNATURE ____________________________________
TITLE ____________________________________
Page 116 of 156
Page 26 of 37
FORM OF PROPOSAL
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, MCSD No. 11-0014-MR
School District of Manatee County
Purchasing Department
2501 63rd Avenue, East
Bradenton, FL 34203
The Bidder acknowledges that he has read, understands and agrees to the terms and conditions
stated in the Instructions to Bidders contained in this bid.
PURCHASES BY OTHER PUBLIC AGENCIES - With the consent and agreement of the
successful bidder(s), purchases may be made under this bid by other governmental agencies
within the State of Florida. Such purchases shall be governed by the same terms and conditions
as stated herein.
The Bidder further declares that he has examined the requirements and specifications for the
materials to be furnished, and has read all special provisions listed therein prior to the opening of
bids.
The Bidder proposes and agrees, if this proposal is accepted, to contract with the School District
of Manatee County, in the form of contract specified, to deliver the materials/services listed, at
the prices set forth, F.O.B. Destination.
Page 117 of 156
Page 27 of 37
Form of Proposal - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
NOTE: SUBMISSION OF FALSE DELIVERY DATES MAY RESULT IN VENDOR DEBARMENT.
DELIVERY TO BE COMPLETED WITHIN __________________ DAYS AFTER RECEIPT OF ORDER.
ABILITY TO SETUP SECURED CUSTOMIZED WEBSITE FOR SCHOOL DISTRICT OF MANATEE
COUNTY P-CARD TRANSACTIONS: Yes _______________ No __________
------------------------------------------------------------------------------------------------------------------------------------------
ITEM
NUMBER CATALOG DISCOUNT BID .
1) PLAYGROUND EQUIPMENT:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name Number Date Discount
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF PLAYGROUND EQUIPMENT:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is __________%. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes_____ or No_____.
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer’s
Company Name:________________________________, and attach Written Factory/Manufacture
Certification. Certification attached Yes_____ or No_____.
Page 118 of 156
Page 28 of 37
Form of Proposal - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
------------------------------------------------------------------------------------------------------------------------------------------
ITEM
NUMBER CATALOG DISCOUNT BID .
2) SITE EQUIPMENT:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name Number Date Discount
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF SITE EQUIPMENT:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is __________%. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes_____ or No_____.
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer’s
Company Name:________________________________, and attach Written Factory/Manufacture
Certification. Certification attached Yes_____ or No_____.
Page 119 of 156
Page 29 of 37
Form of Proposal - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
------------------------------------------------------------------------------------------------------------------------------------------
ITEM
NUMBER CATALOG DISCOUNT BID .
3) SURFACING MATERIALS:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name Number Date Discount
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF SURFACING MATERIALS:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is __________%. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes_____ or No_____.
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer’s
Company Name:________________________________, and attach Written Factory/Manufacture
Certification. Certification attached Yes_____ or No_____.
Page 120 of 156
Page 30 of 37
Form of Proposal - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
------------------------------------------------------------------------------------------------------------------------------------------
ITEM
NUMBER CATALOG DISCOUNT BID .
4) SHADE STRUCTURE:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name Number Date Discount
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF SHADE STRUCTURE:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is __________%. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes_____ or No_____.
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer’s
Company Name:________________________________, and attach Written Factory/Manufacture
Certification. Certification attached Yes_____ or No_____.
Page 121 of 156
Page 31 of 37
Form of Proposal - continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
------------------------------------------------------------------------------------------------------------------------------------------
ITEM
NUMBER CATALOG DISCOUNT BID .
6) STADIUM BLEACHER:
Include Catalog Name, Number, Date, and associated discount. When quoting projects where freight would be
charged, those costs must be included in quote so freight charges can appear on the purchase order. Freight
charges for equipment must be pre-paid and added to the invoice.
Catalog Name Number Date Discount
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
____________________________________________________________________________________________
If additional space is needed, attach additional pages on company letterhead in above format.
a. INSTALLATION OF STADIUM BLEACHER:
To be based on a firm fixed percentage of the equipment cost (the total cost after discount has been taken but
before freight has been added). The firm fixed percentage is __________%. Attach to your bid response your
Written Factory/Manufacture Certification for the installation of playground equipment.
Certification attached Yes_____ or No_____.
and / or,
b.
If you are using a subcontractor for the installation of playground equipment list the Certified Installer’s
Company Name:________________________________, and attach Written Factory/Manufacture
Certification. Certification attached Yes_____ or No_____.
----------------------------------------------------------------------------------------------------------------------------------------
ITEM
NUMBER DESCRIPTION HOURLY RATE____________
REPAIRS
7. Repairs – Hourly Basis $________________ Per Hour
Page 122 of 156
Page 32 of 37
Form of Proposal – continued
Bid on Bleacher, Park and Playground Equipment, MCSD No. 11-0014-MR
REFERENCES
COMPANY NAME: ___________________________________________________________
ADDRESS: ___________________________________________________________________
TELEPHONE: _________________________FAX NUMBER: _________________________
CONTACT PERSON: __________________________________________________________
COMPANY NAME: ____________________________________________________________
ADDRESS: ___________________________________________________________________
TELEPHONE: _________________________FAX NUMBER: _________________________
CONTACT PERSON: __________________________________________________________
COMPANY NAME: ____________________________________________________________
ADDRESS: ___________________________________________________________________
TELEPHONE: _________________________FAX NUMBER: _________________________
CONTACT PERSON: __________________________________________________________
Page 123 of 156
Page 33 of 37
Form of Proposal - continued
Bid on Bleacher, Park and Playground Equipment, 11-0014-MR
WARRANTY AND SERVICE PROVISION: Bidder must state in spaces provided below
complete descriptions of any warranties given by manufacturer and dealer. The Statement shall
include availability of service, repair parts, and time normally required to effect repair on
equipment contained in the bid. Further, the statement shall also indicate who is to be
responsible for any transportation charges that may be accrued in effecting equipment repair
within the provisions of applicable warranties.
MANUFACTURER’S WARRANTY: __________________________________________
______________________________________________________________________________
DEALER’S WARRANTY: ______________________________________________________
______________________________________________________________________________
LOCATION OF REPAIR SERVICES: __________________________________________
______________________________________________________________________________
AVAILABILITY OF REPAIR PARTS: __________________________________________
______________________________________________________________________________
ESTIMATED TIME TO EFFECT REPAIR: __________________________________________
______________________________________________________________________________
RESPONSIBLE FOR WARRANTY SERVICE TRANSPORTATION CHARGE:
______________________________________________________________________________
______________________________________________________________________________
Page 124 of 156
Page 34 of 37
DRUG FREE WORK PLACE CERTIFICATION
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, 11-0014-MR
I hereby swear or affirm that this company has established a drug-free work place program by
completing the following requirements:
1) Published a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the work place and
specifying the actions that will be taken against employees for violations of such prohibition.
2) Informed employees about the dangers of drug abuse in the work place, the business’s policy
of maintaining a drug-free work place, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for drug
abuse violations.
3) Given each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notified the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the work place no later than five (5) days
after such conviction.
5) Imposed a sanction on, or required the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee’s community, by any employee who
is so convicted.
6) Make a good faith effort to continue to maintain a drug-free work place through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirements.
______________________________________________________
VENDOR’S SIGNATURE/DATE
______________________________________________________
COMPANY NAME
Page 125 of 156
Page 35 of 37
FEDERAL DEBARMENT CERTIFICATION
BID ON BLEACHER, PARK AND PLAYGROUND EQUIPMENT, 11-0014-MR
CERTIFICATION REGARDING DEBARMENT, SUSPENSION
INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER COVERED
TRANSACTIONS
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 7 CFR Part 3017, Section 3017.510, Participants responsibilities. The regulations were
published as Part IV of the January 30, 1989, Federal Register (pages 4722-4733)
.
*** BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON NEXT PAGE ***
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor
its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this
certification, such prospective participant shall attached an explanation to this proposal.
____________________________________________________________________________________
Organization Name PR/Award Number or Project Name
____________________________________________________________________________________
Name(s) and Title(s) of Authorized Representative(s)
____________________________________________________________________________________
Signature(s) Date
Form AD-1048 (1/92)
Page 126 of 156
Page 36 of 37
Federal Debarment Certification - continued
Bid on Bleacher, Park and Playground Equipment, 11-0014-MR
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this form, the prospective lower tier participant is providing the certification set
out on the reverse side in accordance with these instructions.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered into. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to whom this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction,"
"participant," "person," "primary covered transaction," "principal," "proposal," "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions and Coverage sections of rules
implementing Executive Order 12549. You may contact the person to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a
person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this
covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this form that it will include this clause
titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier
Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations
for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower
tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the
covered transaction, unless it knows that the certification is erroneous. A participant may decide the method
and frequency by which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other
remedies available to the Federal Government, the department or agency with which this transaction
originated may pursue available remedies, including suspension and/or debarment.
Form AD-1048 (1/92)
Page 127 of 156
Page 37 of 37
Form of Proposal - continued
Bid on Bleacher, Park and Playground Equipment, 11-0014-MR
The Bidder affirms that this bid is submitted without any previous understandings, agreements,
or connections with any person, firm, or corporation submitting a bid for the same
materials/services, and is in all respects fair and without collusion or fraud.
The Bidder agrees to comply with the provisions of the Civil Rights Act of 1991, The Civil
Rights Act of 1964, and The Americans with Disabilities Act, Age Discrimination in
Employment Act, Section 228.2001, Florida Statutes, and The Pregnancy Discrimination Act.
Said Bidder further agrees not to discriminate on the basis of race, sex, national origin, religion,
handicap, age or marital status.
By signing this agreement, the Bidder acknowledges that he/she is an authorized representative
of the company submitting this bid and has read and understands the document posted on our
website, “How to Do Business with the School District of Manatee County.”
*Addendum Acknowledgment: When applicable, vendor MUST acknowledge receipt of
addendums. Please mark in the space provided by the appropriate Addendum Number (s).
View website for addendum prior to submitting bid. (www.manateeschools.net/purchase)
*BIDS RECEIVED WITHOUT ADDENDUM ACKNOWLEDGMENT SHALL BE
CONSIDERED NONRESPONSIVE.*
Addendum No. 1 ____ Addendum No. 2 ____ Addendum No. 3 ____ Addendum No. 4 ____
Florida Document Number: ______________________________________________________
Registration Type: ____ Sole Proprietorship - Individual _____ Fictitious Name
_____ Out of State (Foreign) Corporation _____ In State Corporation _____ Exempt
BUSINESS/COMPANY NAME: ________________________________________________
MAILING ADDRESS: ________________________________________________
CITY, STATE, ZIP CODE: ________________________________________________
TELEPHONE NUMBER: _______________________ DATE _________________
FAX NUMBER: ________________________________________________
*SIGNATURE: (Blue Ball Point Pen Only) ________________________________________
NAME AND TITLE: (Typed) ________________________________________________
EMAIL ADDRESS: ________________________________________________
Page 128 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 1 of 11
MIAMI GARDENS GENERAL OBLIGATION BOND
BOND IMPLEMENTATION PLAN PROJECTS
The following potential Capital Improvement Projects are recommended to be funded by the
City of Miami Gardens General Obligation Bond (GOB). All projects are geared toward the City’s
Parks and also are inclusive of the Administration’s recommendations regarding public safety
improvements.
A. J. King Park
Remove wooden lighting poles and replace with steel poles for new Musco sports
lighting and control system for the multipurpose field and the baseball field. The
replacement will reduce the power consumption by 40% and provide web based controls
for the system.
Recondition the existing baseball diamond and replace backstop and dugout fencing.
Install outfield fencing/netting.
Reconfigure the existing paved parking lot for easier access from the street and to be
ADA compliant to include paved approaches from street.
Remove existing parking lot lighting system and install new lights for improved security
and surveillance. The lighting will be controlled by the Musco sports lighting system.
Install a new large pavilion with picnic tables, grills, domestic water and electricity.
Install a perimeter fence to improve security at the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Andover Park
Replace existing playground with a new playground with soft rubberized play surface
and shade structure.
Resurface the existing basketball court and install new shade structure, backboards and
rims.
Replace the perimeter fencing and install temporary parking with pavers in the swale
area.
Install new landscaping and irrigation system in the park.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Bennett Lifter Park
Replace existing playground and swings with new playground with soft rubberized play
surface and shade structure. Move the playground closer to the recreation building.
Resurface existing basketball court and install new backboards and rims.
Page 129 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 2 of 11
Bennett Lifter Park (continued)
Replace sports lighting for basketball court with new Musco lighting and control system,
which will reduce the power consumption by 40% and provide web based control
system.
Remove the existing tennis courts and replace with a larger pavilion with a grill,
electricity and domestic water.
Remodel two existing public restrooms in the Recreation Building to be ADA compliant.
Install additional paved parking north of the existing building and adapt existing lot to be
ADA compliant.
Repair driveway approaches to site as needed to interface with edge of street pavement.
Install new parking lot lighting which will be controlled by the Musco system.
Add parking with pavers in the swale area along the streets.
Install new landscaping and irrigation system in the park and the paved parking lot.
Surround lift station with lush landscaping to improve park aesthetics.
Install sidewalks to the lake shore and a chain link fence.
Install a fishing dock at the edge of the lake.
Remove the existing small pavilion north of the building.
Renovate the existing pavilion south of the building and add grill, electricity and domestic
water.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Betty T. Ferguson Recreation Center
Convert the north and south overflow parking areas into paved parking lots and include
lighting and drainage.
Upgrade the existing football field area to potentially accommodate local high school
football and other specialized events.
Upgrade existing parking lot lighting.
Reduce the area designated for the burrowing owl to add to the new north parking lot.
Extend the existing walking trail to the entire perimeter of the site and include lighting
and distance marker signage.
Install ventilation fans in pool area.
Evaluate and replace as necessary ventilation systems and air conditioning throughout
the facility.
Install new landscaping and expand irrigation system adjacent to trail extension.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Brentwood Pool
Replace the exercise equipment at the central exercise station area. Cover central
exercise station area with a shade structure.
Install benches and trash receptacles near the basketball courts and the playground.
Page 130 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 3 of 11
Brentwood Pool (continued)
Resurface the existing parking lot and adapt it to be ADA compliant.
Renovate and resurface tennis courts.
Demolish the existing pool and pool house that is no longer functional. Once completed,
install a new pavilion with picnic tables, grill, electricity and domestic water. Add a small
water play area adjacent to the pavilion.
Install a perimeter chain link fence to improve security at the park.
Install new landscaping and irrigation system in the park.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Buccaneer Park
After an analysis to determine the cost effectiveness, the existing Recreation Building
will be remodeled or demolished and rebuilt.
Determine the feasibility of relocating/burying electrical cables underground.
Relocate and replace existing playground with new playground with soft rubberized play
surface and shade structure.
Extend the existing walking trail. Add distance marker signage along walking trail.
Create a zero-depth splash pad with perimeter benched seating at the location of the
paved skating area. Construct a restroom and shower area near the splash pad area.
Install estate fencing and plant shrubs and bushes around splash pad area.
Construct a permanent entrance area near the splash pad.
Install two new pavilions with a grill, electricity and domestic water--one adjacent to the
splash pad and the other along the trail.
Resurface two existing basketball courts and install new backboards and rims.
Replace sports lighting for basketball court with new Musco lighting and controls. The
replacement will reduce the power consumption by 40% and provide web based controls
for the system.
Replace/Install sports lighting for tennis courts with new Musco lighting and controls.
Resurface two existing Tennis Courts and install new netting and signage. Replace
existing fencing and windscreen as needed.
Install additional paved parking at the location of the existing parking lot. Remove
existing parking lot lighting system and install new lights for improved security and
surveillance. The lighting will be controlled by the Musco sports lighting system.
Add temporary parking with pavers in the swale area along the streets.
Install a perimeter chain link fence to improve security at the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Page 131 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 4 of 11
Bunche Park
Demolish the existing 40 year old recreation building. Build a new Multipurpose
Gymnasium to house the City of Miami Gardens Alternative Sports Complex. The
building will contain a running track on a second level above a weight room, workout
room and locker rooms. The center will feature boxing, martial arts, dance and
gymnastics.
Remove two of the four existing basketball courts to make room for new parking lot.
Resurface two of the existing basketball courts.
Replace existing playground with a new playground with soft rubberized play surface
and shade structure.
Replace existing sod sports field with a new artificial turf sports field.
Replace the sports lighting for the football field and the basketball courts with new
Musco lighting and control system on the existing concrete poles. The replacement will
reduce the power consumption by 40% and provide web based controls for the system.
Install bleachers with permanent shade structures for the football field.
Repair the temporary parking in the swale area along the perimeter streets.
Renovate and add to the existing parking lot and adapt the existing lot to be ADA
compliant. Remove existing parking lot lighting system and install new lights for
improved security and surveillance. The lighting will be controlled by the Musco sports
lighting system.
Replace the broken perimeter fencing on the south side of the park with a 6-foot vinyl
covered chain link fence.
Install estate fencing along the north, east, and west perimeter of the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Bunche Pool Option
Demolish and reconstruct the existing pool and pool house that has been unoccupied for
6 years. New pool house will be ADA compliant.
Repair and replace existing pool pumps, piping, filters and equipment.
Renovate and add to the existing parking lot and adapt existing lot to be ADA compliant.
Install new lights for improved security and surveillance. The lighting will be controlled by
the Musco sports lighting system.
Install new water fountain(s).
Install a perimeter fence around the site.
Extend sidewalk width to be ADA compliant.
Install new landscaping and irrigation system for the paved parking lot.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Page 132 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 5 of 11
Bunche Water Playground Option
Demolish the existing pool and Pool house that has been unoccupied for 6 years and
construct a new Public Restroom building with shower area.
Install a new state-of-the-art, zero-depth extra-large intergenerational Water
Playground/Splash Pad.
Construct a permanent entrance area near the splash pad.
Renovate and add to the existing parking lot and adapt existing lot to be ADA compliant.
Install new lights for improved security and surveillance. The lighting will be controlled by
the Musco sports lighting system.
Install a perimeter fence around the site.
Extend sidewalk width to be ADA compliant.
Install new landscaping and irrigation system for the paved parking lot.
Install a Video Surveillance System with interior and exterior cameras monitored from
the new Police Headquarters Building.
Cloverleaf Park
Replace the existing playground with a new playground with soft rubberized play surface
and shade structure.
Expand and resurface the existing half basketball court and install new backboards and
rims.
Install security lighting and controls for the basketball court.
Determine the feasibility of relocating/burying electrical cables underground.
Renovate the existing building and make it ADA compliant. Assess removing or
relocating the east exit door.
Add temporary parking with pavers in the swale area along the street.
Install a perimeter fence to improve security at the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Lester Brown Park (Brentwood Park)
Add a second zone for the existing playground with a soft rubberized play surface and
shade structure.
Remove the existing natural turf sports field and irrigation system underneath.
Install an artificial turf sports field. Reuse the existing Musco lighting system.
Install a scoreboard.
Install bleachers with permanent shade structures on both sides of the field.
Re-sod the existing practice field.
Expand the existing parking lot to the south and adapt the existing lot to be ADA
compliant. Remove existing parking lot lighting system and install new lights for
improved security and surveillance. The lighting will be controlled by the Musco sports
lighting system.
Page 133 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 6 of 11
Lester Brown Park (Brentwood Park) continued
Expand existing walking trail with lighting around the perimeter of the park. Add distance
marker signage along walking trail.
Install exercise station with shade structure area funded by CMG and Miami Dolphins.
Install estate fencing at the entrance to the park and install new 6-foot vinyl covered
chain link fence around the remaining perimeter.
Install new landscaping and irrigation system in the park and the paved parking lot.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Miami Carol City Park
Renovate restroom building.
Resurface the four existing basketball courts and install new backboards and rims.
Install a shade structure.
Remove sod from the existing game football field on the south of the park and install an
artificial turf sports field.
Extend the existing Musco sports lighting system to light the practice football field.
Install a scoreboard.
Recondition baseball field and replace backstop and dugout fencing.
Install lighting and distance marker signage along the existing walking trail.
Install bleachers with permanent shade structure for the football field.
Replace the existing wood pavilion with a new pavilion with picnic tables, grills, domestic
water and electricity.
Install a new large pavilion with picnic tables, grills, domestic water and electricity.
Add temporary parking with pavers in the swale area along 187th Street.
Install additional paved parking north of the recreation building and adapt the existing lot
to be ADA compliant. Remove existing parking lot lighting system and install new lights
for improved security and surveillance. The lighting will be controlled by the Musco
sports lighting system.
Install a perimeter chain link fence to improve security at the park. Install estate fencing
at the entrance to the park.
Replace the existing irrigation system for the entire park.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Myrtle Grove Park
Renovate the existing recreation building.
Demolish the existing pool, pool house and all of the pool equipment. Sod the area.
Replace the playground with a new playground with soft rubberized play surface and
shade structure.
Replace two existing tennis courts with two new basketball courts.
Demolish existing basketball courts.
Page 134 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 7 of 11
Myrtle Grove Park (continued)
Install additional paved parking to the existing lot and adapt the lot to be ADA compliant.
Remove existing parking lot lighting system and install new lights for improved security
and surveillance. The lighting will be controlled by the Musco sports lighting system.
Pending relocation of the existing Parks and Recreation maintenance facility, construct a
state-of-the-art gymnasium/field house to host Amateur Athletic Union (AAU) basketball
events and other high-profile indoor athletic events.
Install a perimeter fence to improve security at the park.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
North Dade Optimist Park
Install a scoreboard for the newly completed football field.
Install bleachers on the north side of the football field and add permanent shade
structure.
Remove existing baseball backstop, benches, and dugout fencing. Sod the area and
extend the irrigation system.
Extend chain link fence to areas where backstop/dugout fencing was removed.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Norwood Park
Replace the playground with a new playground with soft rubberized play surface and
shade structure.
Demolish the existing 40 year old recreation building. Construct a new larger Recreation
Building to support the afterschool and summer camp programs.
Install a perimeter fence to improve security at the park.
Install new landscaping and irrigation system in the park.
Resurface and reconfigure the existing parking lot that is shared with Norwood Pool. The
new configuration shall be ADA compliant. Remove existing parking lot lighting system
and install new lights for improved security and surveillance. The lighting will be
controlled by the Musco sports lighting system.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Norwood Pool
Inspect and report on the existing poolhouse, pool and pool equipment to determine
extent of renovation and replacement.
Sand-blast and paint the existing pool. Re-tile the existing pool perimeter. Resurface the
existing concrete pad around the pool.
Page 135 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 8 of 11
Norwood Pool (continued)
Repair and replace existing pool pumps, piping, filters and equipment as recommended
by Inspection Report above.
Renovate the existing Poolhouse and make it ADA compliant.
Risco Park
Design and construct a new building for the City’s Science, Technology, Engineering
and Math (STEM) Center. The STEM Center will include Science Labs, Computer Labs,
and other equipment to promote the development of youth through science and
technology innovations.
Design and construct a connecting building for the Audio Visual and Performing Arts
Center. The Center will have music production and recording studios, television studios,
and a presentation room.
Construct a parking lot that is ADA compliant.
Remove and/or reposition existing lighting poles.
Install a new lighting system for the parking lot for improved security and surveillance.
The lighting will be controlled by the Musco sports lighting system.
Install perimeter fencing around the site.
Install new landscaping and irrigation system in the park and the paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Rolling Oaks Park
The recently completed Rolling Oaks Pedestrian Trail offers a ¾ mile loop of newly paved
pathways ideal for walking, jogging and biking and features exercise stations, lighting and
benches along the way. The additional work will consist of the following:
Install a new entrance on NW 183rd Street and NW 14th Avenue with an estate fence
and gate on the east and west side of the entrance. Install estate fencing around the
perimeter of the park.
Install new permanent parking lot on the south side of the park near the main entrance
and add additional spaces in the existing permanent parking lot on north side of the
park.
Develop multipurpose sports field with artificial turf.
Install bleachers with permanent shade structures.
Install a scoreboard.
Install Musco sports lighting system to light the multipurpose field.
Construct a new recreation building and remove the trailer being used as a temporary
recreation building.
Install several new pavilions of varied sizes with picnic tables, grills, domestic water and
electricity along the walking trail.
Expand the existing walking trail with additional distance marker signage.
Purchase and install picnic tables and grills throughout the park.
Page 136 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 9 of 11
Rolling Oaks Park (continued)
Replace existing playground and swings and install two (2) new playgrounds with a soft
rubberized play surface and shade structure (one on the north and south side of the
park).
Install other family park amenities as acreage allows.
Repair and recoat four existing basketball courts.
Remodel existing public restrooms to be ADA compliant.
Install new landscaping and irrigation system in the park and paved parking lots.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Scott Park
Expand existing recreation building.
Demolish existing Teen building.
Replace the playground with a new playground with soft rubberized play surface and
shade structure.
Resurface two existing basketball courts and install new backboards and rims.
Remove the existing wood rail fencing around the perimeter of the park and install a 6-
foot vinyl covered chain link fence.
Renovate the existing multipurpose field with new sod.
Recondition the existing baseball diamond and replace backstop and dugout fencing.
Install outfield fencing/netting.
Replace the existing irrigation system for the entire park.
Replace the sports lighting for the multipurpose field, baseball field and basketball courts
with new Musco lighting and control system. The replacement will reduce the power
consumption by 40% and provide web based controls for the system.
Add temporary parking with pavers in the swale area along three of the perimeter
streets, (176th Street, 15th Court & 179th Street).
Resurface parking lot.
Expand sidewalk around perimeter of the site.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Senior Family Center
Demolish the existing 40 year old one story building.
Design and construct a new building to be used as the City’s Senior Family Center. The
Center will include meeting rooms, a dining room and kitchen, classrooms, workout
rooms, dance studio, locker rooms, indoor track and a pool.
Construct a walking trail with distance marker signage.
Install estate fencing along the perimeter to improve security at the site.
Replace the existing parking lot with a larger parking lot that is ADA compliant. Install a
new lighting system for the lot.
Install new landscaping and irrigation system on the site and the paved parking lot.
Page 137 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 10 of 11
Senior Family Center (continued)
Develop a botanical garden.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
St. Thomas University Sports Complex
Development of an outdoor tennis center and ball fields in partnership with St. Thomas
University.
West Miami Gardens/Florida Memorial University Sports Complex
Development of 4.2 acres adjacent to the Miami Dade Public Schools Jan Mann
Education Center to include a soft surfaced track and multipurpose field. The sports field
will host football, soccer and track activities with bleachers, a scoreboard and a Musco
sports lighting system for evening events.
Install a paved parking lot and sidewalks with site lighting.
Install a perimeter fence with a security booth at the entrance into the site.
Construct a Public Restroom and equipment storage building with water fountains.
Install new landscaping and irrigation system on the site and the paved parking lot.
Install a Video Surveillance System with cameras monitored from the new Real Time
Crime Center.
Culinary Arts and Hospitality Institute
Design and construct a new building behind City Hall to house Culinary Arts and
Hospitality Institute featuring a multipurpose banquet facility.
Mobile Stage/Show-mobiles
A large and medium size mobile staging system is ideal for outdoor events,
performances and speaking engagements. Sound and lighting equipment will
complement each show-mobile. The Show-mobiles shall be wheelchair accessible.
Automatic License Plate Recognition Systems (ALPRS)
These systems come in mobile configurations, and are installed in marked or unmarked
police vehicles as portable or fixed systems. These systems can alert officers on patrol,
as well as the communications center, of individuals who are traveling through the
municipality in vehicles that are either stolen and can be used to facilitate the tracking of
individuals who may have recently committed crimes. In addition to this function, the
system’s back office application can be used to store and search vehicle license plate
information for investigative purposes.
Page 138 of 156
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
305-914-9010 Fax 305-622-8001
Page 11 of 11
Deployment Locations for Fixed ALPRS:
ALPRS at 215th Street & 2nd Ave.
ALPRS at 199th Street & 2nd Ave.
ALPRS at 183rd Street & 2nd Ave.
ALPRS at 175th Street & 2nd Ave.
ALPRS at 151st Street & 22nd Ave.
ALPRS at 183rd Street & 37th Ave.
ALPRS at 183rd Street & 47th Ave.
ALPRS at 215th Street & 27th Ave.
ALPRS at 199th Street & 27th Ave.
ALPRS at 183rd Street & 27th Ave.
ALPRS at 151st Street & 27th Ave.
Two Additional Mobile ALPRS
systems (2 additional vehicles) to
augment the MGPD’s single ALPRS
Mobile Command Center Technological Upgrade
The existing Mobile Command Center is an important tool for on scene command and
control at crime scenes and at natural and man-made disaster situations. The current
vehicle has inadequate technology and communications equipment, and is in need of
technological upgrades and retrofit, to be able to fully function as a standalone command
and communications center.
Real Time Crime Center
Real Time Crime Centers (RTCC) are a centralized technology center that gives field
officers and detectives instant information to help identify patterns and stop emerging
crime. They also provide relevant information to improve officer situational awareness,
and actionable intelligence to make the City of Miami Gardens safer. Though tech tools
such as Video Surveillance Cameras and ALPRS, etc. are valuable; without a RTCC to
bring together the terabytes of data that are produced by the technology components,
their effectiveness is diminished.
Nothing contained herein shall prevent the City from making deviations to this Plan based upon
available resources, changes in circumstances, or the identification of additional revenues.
Page 139 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
June 10, 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:
(Enter Fund & Dept)
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
Cameron Benson,
City Manager
Department:City Manager
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AUTHORIZING A GRANT MATCH IN THE AMOINT OF ONE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS ($125,000.00) TOWARDS FUNDING FOR THE AFRICAN MUSEUM
OF ARTS AND CULTURAL CENTER UPON THE THE AFRICAN MUSEUM OF ARTS AND
CULTURAL CENTER’S RECEIPT OF A GRANT FROM THE FLORIDA DEPARTMENT OF
STATE, THROUGH IT’S CULTURAL FACILITIES PROGRAM; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
On May 7, 2013, the Miami-Dade Board of County Commissioners unanimously approved Resolution No.
11 (A)(9) sponsored by County Commissioner Barbara J. Jordan authorizing a lease agreement with the
Nigerian-American Foundation for the development, operation and maintenance of an African Museum
Item L-1) Resolution
Grant/ African Museum of
Arts and Cultural Center
Page 140 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
and Cultural Art Center to be located at NW 207th Street and NW 32nd Avenue in Miami Gardens,
Florida. This facility would house a museum, dance theatre and lecture hall aimed at enhancing the
educational, social, historical and cultural offerings in the City of Miami Gardens. Since that time, the
completion of this project has been stalled due to inadequate funding.
Recently, efforts to complete the African Museum of Arts and Culture (AMAC) Center have been
renewed. The Nigerian-American Foundation established an AMAC Trust for this purpose and plan to
submit a grant application to the Florida Department of State’s Cultural Facilities Program to obtain
grant funds to complete the AMAC Center. If the Nigerian-American Foundation receives the Cultural
Facilities Program grant, the City of Miami Gardens will provide monetary assistance in the amount of
$125,000 to supplement the grant funds received and aid in the efforts to locate the AMAC Center in the
City of Miami Gardens.
To provide these funds, the City Manager proposes pursuing a diverse set of funding streams to include
general fund, sponsorships, charitable donations, and grants.
On March 25, 2015, the Miami Gardens City Council demonstrated their support of the AMAC Center
project by passing Resolution Number 2015-58-2255 in support of the establishment of the AMAC
Center in the City of Miami Gardens. The provision of these funds align with the stated desire of the
Council.
Fiscal Impact
Depends on how much sponsorships and donations the City will receive, the General Fund will have to
fund for the remaining of the costs that are not covered by the sponsorships or donations. If this
amount to be funded from the General Fund budget is greater than what is available in the General
Fund, the funding will have to be derived from fund balance and an ordinance will be required to amend
the budget.
Proposed Action:
It is recommended the City Manager take all necessary steps to provide $125,000 to the Nigerian-
American Foundation upon its receipt of the Cultural Facilities Program grant.
Attachment:
No.
Page 141 of 156
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING A GRANT MATCH 4
IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE 5
THOUSAND DOLLARS ($125,000.00) TOWARDS FUNDING FOR 6
THE AFRICAN MUSEUM OF ARTS AND CULTURAL CENTER 7
UPON THE AFRICAN MUSEUM OF ARTS AND CULTURAL 8
CENTER’S RECEIPT OF A GRANT FROM THE FLORIDA 9
DEPARTMENT OF STATE, THOUGH IT’S CULTURAL 10
FACILITIES PROGRAM; PROVIDING FOR THE ADOPTION OF 11
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12
13
WHEREAS, on May 7, 2013, the Miami-Dade Board of County Commissioners 14
unanimously approved Resolution No. 11(A)(9) sponsored by County Commissioner 15
Barbara J. Jordan authorizing a lease agreement with the Nigerian-American 16
Foundation for the development, operation and maintenance of an African Museum of 17
Arts and Cultural (“AMAC”) Center to be located at NW 207th Street and NW 32nd 18
Avenue in Miami Gardens, Florida, and 19
WHEREAS, the AMAC center will house a museum, dance theatre and lecture 20
halls aimed at enhancing the educational, social, historical and cultural offerings, and 21
WHEREAS, the AMAC center will also promote tourism, international exchanges, 22
economic growth and enrichment for the community, and 23
WHEREAS, the completion of this project has been stalled due to inadequate 24
funding and efforts to complete the African Museum of Arts and Cultural Center have 25
been renewed, and 26
WHEREAS, the Nigerian American Foundation recently established the AMAC 27
center Trust to oversee the development fund to complete the project, and 28
WHEREAS, on March 25, 2015, the City of Miami Gardens’ City Council passed 29
Resolution No: 2015-58-2255 in support of the establishment of the AMAC center in the 30
City of Miami Gardens, and 31
Page 142 of 156
2
WHEREAS, the AMAC center will apply for the Cultural Facilities Program Grant 32
administered by the Florida Department of State to support and fund the renovation, 33
new construction or acquisition of cultural facilities, and 34
WHEREAS, if the AMAC receives the grant, the City of Miami Gardens will be 35
responsible for providing One Hundred Twenty-Five Thousand Dollars ($125,000.00) in 36
matching funds required by the grant which will be paid from fund balance, and 37
WHEREAS, these funds may only be used to provide matching funds for the 38
Florida Department of State’s Cultural Facilities Program and any use beyond this is 39
strictly prohibited, and 40
WHEREAS, further, the City Manager does not recommend any additional city 41
funds to be designated to the pre-construction and/or construction costs of the proposed 42
project, 43
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 45
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 46
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 47
made a specific part of this Resolution. 48
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 49
hereby authorizes a grant match for One Hundred Twenty-Five Thousand Dollars 50
($125,000.00) upon the African Museum of Arts and Cultural Center’s receipt of a grant 51
from the Florida Department of State, though it’s Cultural Facilities Program. 52
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 53
upon its final passage. 54
Page 143 of 156
3
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 55
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 56
57
___________________________________ 58
OLIVER GILBERT, III, MAYOR 59
60
61
ATTEST: 62
63
64
__________________________________ 65
RONETTA TAYLOR, MMC, CITY CLERK 66
67
68
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 69
70
71
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 72
73
Moved by: __________________ 74
75
VOTE: _________ 76
77
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 78
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 79
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 80
Councilman David Williams Jr ____ (Yes) ____ (No) 81
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 82
Councilman Rodney Harris ____ (Yes) ____ (No) 83
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 84
85
Page 144 of 156
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: June 10, 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 MS REALTY GARDENS, LLC, FOR THE REZONING OF
PROPERTY GENERALLY LOCATED AT NW 159TH STREET
BETWEEN 47TH AVENUE AND NW 45TH AVENUE, MIAMI GARDENS,
FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”
ATTACHED HERETO, FROM R-2, TWO FAMILY DWELLING
RESIDENTIAL TO R-15 MULTIPLE FAMILY DWELLING
RESIDENTIAL; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE
Item N-1) Consent Agenda
Ordinance/Second Reading
MA Realty Gardens LLC - Rezoning
Page 145 of 156
Staff Summary:
Project Summary/Background
The property is currently vacant. The applicant is requesting a rezoning of the subject property
which is zoned R-2 Two Family Residential to R-15 Multiple Family Residential in order to
develop the property with 20 townhomes. Each unit is approximately 3,000 SF and will include
3 bedrooms, 2 bathrooms and a garage.
Existing R-2 Two Family Residential provides for use and occupancy of one-family detached
and two-family dwellings at low-medium densities, essential services and facilities, and select
public and institutional uses. Townhomes are not permitted. This district implements the 7 to
15 du/ac range of the Neighborhood CDMP land use category.
Proposed R-15 Multiple-Family Residential provides for use and occupancy of one-family
attached and detached, two-family and multiple-family dwellings at low-medium densities,
essential services and facilities, and select public and institutional uses. The R-15 district
implements the 7 to 15 du/ac range of the Neighborhood CDMP land use category.
Analysis
The proposed rezoning to R-15 Multiple Family Residential is generally consistent with the policies,
goals 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.
Rezoning of the property will not unduly impact water, sewer, drainage, education, transportation
facilities, roads or recreation facilities. Existing R-2 Two Family Residential district and proposed R-
15 Multiple Family Residential district both implement the 7 to 15 du/ac range of the
Neighborhood CDMP land use category. This proposed residential development accounts for a
lower density than the maximum allowable density of 15 du/ac. Rezoning of the property to R-15
is only intended to allow townhomes, which is not a building type permitted in the existing R-2
district. Townhome is a more appropriate building type that will help spur further development in
the surrounding area.
Fiscal Impact
There is no fiscal impact to the City.
Proposed Action:
Recommend adoption of the Ordinance.
Attachments: Exhibit “A” – Legal Description
Exhibit “B” – Staff Recommendation
Page 146 of 156
1
ORDINANCE NO. 2015_____ 1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, APPROVING THE 4
APPLICATION SUBMITTED BY MS REALTY GARDENS, 5
LLC, FOR THE REZONING OF PROPERTY GENERALLY 6
LOCATED AT NW 159TH STREET BETWEEN 47TH 7
AVENUE AND NW 45TH AVENUE, MIAMI GARDENS, 8
FLORIDA, MORE PARTICULARLY DESCRIBED ON 9
EXHIBIT “A” ATTACHED HERETO, FROM R-2, TWO 10
FAMILY DWELLING RESIDENTIAL TO R-15 MULTIPLE 11
FAMILY DWELLING RESIDENTIAL; PROVIDING FOR 12
ADOPTION OF REPRESENTATIONS; REPEALING ALL 13
ORDINANCES IN CONFLICT; PROVIDING A 14
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN 15
CODE; PROVIDING AN EFFECTIVE DATE 16
17
WHEREAS, the Applicant, MS Realty Gardens, LLC, is the owner of that 18
certain real property generally located at NW 159th Street between 47th Avenue 19
and NW 45th Avenue, and 20
WHEREAS, the Applicant is requesting a rezoning of the subject property 21
which is zoned R-2, Two Family Dwelling Residential to R-15, Multiple Family 22
Dwelling Residential in order to develop the property with 20 townhomes, and 23
WHEREAS, the City’s Planning and Zoning Staff has made a 24
determination that the application is consistent with the Comprehensive 25
Development Master Plan, and recommends approval of the application, and 26
WHEREAS, the City Council has considered the testimony of the 27
Applicant if any, and 28
WHEREAS, the City Council also considered that testimony of the City’s 29
Planning and Zoning staff and the staff report attached hereto as Exhibit “B” and 30
incorporated in by reference, 31
Page 147 of 156
2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 1
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 2
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 3
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 4
are hereby made a specific part of this Ordinance. 5
Section 2. APPROVAL: The City Council of the City of Miami Gardens, 6
Florida, hereby approves the application submitted by MS Realty Gardens, LLC, for 7
the rezoning of property generally located at NW 159th Street between 47th 8
Avenue and NW 45th Avenue, Miami Gardens, Florida, more particularly described 9
on Exhibit “A” attached hereto from R-2, Two Family Dwelling Residential to R-15, 10
Multiple Family Dwelling Residential. 11
Section 3. CONFLICT: All ordinances or Code provisions in conflict 12
herewith are hereby repealed. 13
Section 4. SEVERABILITY: If any section, subsection, sentence, 14
clause, phrase or portion of this Ordinance is for any reason held invalid or 15
unconstitutional by any court of competent jurisdiction, such portion shall be 16
deemed a separate, distinct and independent provision and such holding shall 17
not affect the validity of the remaining portions of this Ordinance. 18
Section 5. INCLUSION IN CODE: It is the intention of the City 19
Council of the City of Miami Gardens that the provisions of this Ordinance shall 20
become and be made a part of the Code of Ordinances of the City of Miami 21
Gardens and that the section of this Ordinance may be renumbered or relettered 22
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 23
Page 148 of 156
3
such other appropriate word or phrase, the use of which shall accomplish the 1
intentions herein expressed. 2
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 3
immediately upon its final passage. 4
PASSED ON FIRST READING ON THE 27th DAY OF MAY, 2015. 5
PASSED ON SECOND READING ON THE ____ DAY OF _________, 6
2015. 7
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 8
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 9
______________, 2015. 10
11
________________________________ 12
OLIVER GILBERT, III, MAYOR 13
14
15
ATTEST: 16
17
18
_________________________________ 19
RONETTA TAYLOR, MMC, CITY CLERK 20
21
22
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 23
24
25
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 26
27
28
Moved by: __________________ 29
Second by: _________________ 30
31
32
VOTE: _________ 33
34
35
Page 149 of 156
4
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 1
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 2
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 3
Councilman David Williams Jr ____ (Yes) ____ (No) 4
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 5
Councilman Rodney Harris ____ (Yes) ____ (No) 6
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 7
8
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Page 150 of 156
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
PZ-2015-000605
Legal Description
LOT 1, IN BLOCK 5, OF “VENETIAN ACRES”, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT
BOOK 44, AT PAGE 92, OF THE PUBLIC RECORDS OF MIAMI –DADE COUNTY, FLORIDA.
Page 151 of 156
PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
STAFF RECOMMENDATION
PZ-2015-000605
APPLICATION INFORMATION
Applicant: MS Realty Gardens, LLC
Property Location: NW 159th Street between 47th Ave. and NW 45th Ave.
Property Size: 1.8 Acres (net) 2.52 Acres (gross)
Future Land Use: Neighborhood
Existing Zoning: R-2 Two Family Residential
Requested Action(s):
1. Rezone to R-15 Multiple Family Residential
RECOMMENDATION:
Staff recommends granting the rezoning from R-2 Two Family Residential to R-15 Multiple Family
Residential on the property generally located at NW 159th Street between 47th Ave. and NW 45th
Ave.
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Subject Site Neighborhood R-2 Two Family Residential Vacant
North Neighborhood R-2 Two Family Residential Residential
South Neighborhood R-1 Single Family Residential Residential
East Neighborhood R-2 Two Family Residential Residential
West Commerce I-2 Heavy Industrial Warehouse
Project Summary/Background
The property is currently vacant. The applicant is requesting a rezoning of the subject
property which is zoned R-2 Two Family Residential to R-15 Multiple Family Residential in
order to develop the property with 20 townhomes. Each unit is approximately 3,000 SF
and will include 3 bedrooms, 2 bathrooms and a garage.
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PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
Existing R-2 Two Family Residential provides for use and occupancy of one-family
detached and two-family dwellings at low-medium densities, essential services and
facilities, and select public and institutional uses. Townhomes are not permitted. This
district implements the 7 to 15 du/ac range of the Neighborhood CDMP land use
category.
Proposed R-15 Multiple-Family Residential provides for use and occupancy of one-
family attached and detached, two-family and multiple-family dwellings at low-medium
densities, essential services and facilities, and select public and institutional uses. The
R-15 district implements the 7 to 15 du/ac range of the Neighborhood CDMP land use
category.
Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP)
The subject parcel is designated Neighborhood on the Land Use Map of the Future Land Use
Element of the Comprehensive Development Master Plan (CDMP). As outlined in Objective 1.2
of the CDMP, 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.
Policy 2.1.2 of the Future Land Use Element indicates that performance standards for low
medium residential uses shall be established as follows:
Low-Medium Density Residential uses shall generally be limited to the Neighborhood
land use designation.
Staff comment: The site is located within the Neighborhood Land Use Designation.
Low-Medium Density Residential densities shall range from 7 to 15 dwelling units per
gross acre. This density will allow housing types such as zero lot line homes,
townhouses and low-rise apartments with surrounding open space.
Staff comment: The proposed townhouse development has a density of approximately
eight (8) dwelling units per acre.
Low-Medium Density Residential shall be limited to two (2) stories.
Staff Comment: The proposed development will have a total of two (2) stories.
Low-Medium Density Residential shall be located adjacent to public streets classified as
collectors or higher within the Commerce land use category, or arterials if within the
Neighborhood land use designation.
Staff Comment: The site is accessible from NW 167 St which is classified as Principal
arterial, and adjacent to NW 47thAvenue and north of NW 156th Street both classified as
collector streets.
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PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
Adequate separation and buffer treatment shall be provided to protect adjacent single-
family residential uses.
Staff Comment: The site will be separated from adjacent low-density residential areas
by building setbacks and landscape treatment.
Conclusion: The rezoning request is generally consistent with the policies of the City’s
Comprehensive Development Master Plan.
Anticipated Facilities Impact
General: Concurrency determinations are not finalized during the zoning approval process.
Public Water: Central water appears to be available to this site, and connection shall be required.
Wastewater Disposal: Connection to the public sanitary sewer system is required, unless adequate
capacity in this system is not available, in which case an alternative means of sewage disposal may
be provided.
Drainage/Water Management: All stormwater runoff must be retained on site utilizing a properly
designed system.
Traffic Circulation: There is no indication from the information submitted by the applicant that
proposed development would cause any of the adjacent roadways to operate below acceptable
levels of service (LOS) or that these roadways would not all retain a reasonable level of reserve
capacity.
Education: The City is committed to supporting the Miami Dade County School District’s programs
to improve Miami Gardens’ schools. All residential projects shall fully comply with the District’s
facility requirements including but not limited to the payment of education impact fees and any
additional school facility mitigation fees.
This recommendation to approve the Applicant’s rezoning request does not constitute a final
development order; one or more concurrency determinations will subsequently be required.
Zoning Review and Analysis
The City Council may grant the rezoning of the properties 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
Page 154 of 156
PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
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;
(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;
(3) The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the economy of the city;
(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;
(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 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.”
Findings of the request pursuant to the rezoning criteria set forth above are as follows:
1. The rezoning request is generally consistent with the policies, goals and
objectives of the CDMP while maintaining the basic intent and purpose of the
Zoning Code.
2. The rezoning will not affect natural resources in the City and does not impact
negatively the stability and character of the area.
3. The rezoning of this property will allow the Applicant to build twenty (20)
townhomes, which would have been otherwise impossible in the existing R-2
district. This proposed residential development accounts for a density of
approximately 8 du/ac, which is below the maximum allowable density of 15
du/ac of the requested R-15 zoning district.
4. The rezoning will not unduly impact water, sewer, drainage, education or
recreation facilities.
5. The rezoning will not impact public transportation facilities, streets or
highways and will be accessible by public roads.
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PZ-2015-000605
MS Realty Gardens, LLC / Ikon Townhouse
Rezoning from R-2 to R-15
Conclusion: The proposed rezoning to R-15 Multiple Family Residential is generally
consistent with the policies, goals 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.
Rezoning of the property will not unduly impact water, sewer, drainage, education,
transportation facilities, roads or recreation facilities. Existing R-2 Two Family Residential
district and proposed R-15 Multiple Family Residential district both implement the 7 to 15
du/ac range of the Neighborhood CDMP land use category. This proposed residential
development accounts for a lower density than the maximum allowable density of 15
du/ac. Rezoning of the property to R-15 is only intended to allow townhomes, which is not
a building type permitted in the existing R-2 district. Townhome is a more appropriate
building type that will help spur further development in the surrounding area.
Attachments:
Legal Description
Survey
Letter of Intent
Proposed Site Improvements
Hearing Map-Zoning
Hearing Map-Aerial
Mailed Notice Radius Map
Page 156 of 156