HomeMy WebLinkAboutJanuary 13, 2016 City Council AgendaJanuary 13, 2016, City Council Agenda Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: January 13, 2016 18605 NW 27th Avenue Miami Gardens, Florida 33056 Next Regular Meeting Date: January 27, 2016 Phone: (305) 914-9010 Fax: (305) 914-9033
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 – December 9, 2015
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Vice Mayor Robinson – Center for Family and Child Enrichment
F-2) Councilman Ighodaro – Special Presentation (G) PUBLIC COMMENTS (2 minutes each)
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January 13, 2016, City Council Agenda Page 2
(H) ORDINANCE(S) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA AUTHORIZING THE
AMENDMENT OF THE CITY'S TAXABLE LAND ACQUISITION
REVENUE BOND, SERIES 2009B; APPROVING THE
EXECUTION OF A BOND MODIFICATION
AGREEMENT; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT; PROVIDING AN EFFECTIVE
DATE. (SPONSORED BY THE CITY MANAGER)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
None
(J) RESOLUTION(S)/PUBLIC HEARING(S)
None
(K) CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, INSTRUCTING THE CITY
MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO
IMPLEMENT CPR TRAINING CLASSES AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX WITH THE AUTHORITY TO ENTER INTO PARTNERSHIPS FOR THIS
PURPOSE; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY MAYOR OLIVER GILBERT) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO.
2015-158-2355, WHICH SUPPORTED THE 7TH ANNUAL
OPERATION STAND AGAINST VIOLENCE IT’S OUR RESPONSIBILITY (S.A.V.I.O.R.) TO BE HELD AT BUNCHE PARK; AUTHORIZING A SPONSORSHIP IN THE AMOUNT OF TWO THOUSAND DOLLARS ($2000.00); FROM THE SPECIAL
EVENTS FUND FOR THIS PURPOSE; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ERHABOR IGHODARO)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RECOGNIZING FEBRUARY AS
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BLACK HISTORY MONTH; AUTHORIZING THE 4TH ANNUAL BLACK HISTORY EXTRAVAGANZA, TO BE ENTITLED
“AFRICA TO AMERICA THE HISTORY OF AFRICAN
AMERICANS IN ART, CULTURE AND COMMERCE”; AUTHORIZING AN ESSAY CONTEST, A RITES OF PASSAGE CEREMONY, AN ANKARA FASHION SHOW AND A BUSINESS EXPO; AUTHORIZING AN EXPENDITURE OF ONE THOUSAND
DOLLARS ($1,000.00) FOR THIS PURPOSE; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (COUNCILMAN ERHABOR IGHODARO) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING RAISING
AWARENESS ABOUT CERVICAL CANCER DURING THE MONTH OF JANUARY, NATIONAL CERVICAL HEALTH AWARENESS MONTH; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY COUNCILWOMAN LISA C. DAVIS)
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE PINE ROCKLAND AND THE MIAMI TIGER BEETLE AND
ENCOURAGING THE FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION TO DESIGNATE THE MIAMI TIGER BEETLE AS A THREATENED SPECIES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID
WILLIAMS JR.) K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE ACCEPTANCE OF GRANT FUNDS, IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00), A COPY OF
WHICH IS ATTACHED HERETO AS EXHIBIT “A”;
AUTHORIZING A ONE TO ONE FUNDING MATCH OF IN-KIND OR MONETARY CONTRIBUTIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING TWELVE (12)
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FLEET VEHICLES TO BE SURPLUS; AUTHORIZING THE CITY MANAGER TO UTILIZE FISHER AUCTION COMPANY, INC.,
AND RENE BATES AUCTIONEERS, INC. FOR AUCTION
SERVICES TO DISPOSE OF THE SURPLUS VEHICLES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE MIAMI GARDENS’ COMMISSION FOR WOMEN GIRLS AND WOMEN’S EMPOWERMENT SUMMIT EVENT; AUTHORIZING
AN EXPENDITURE OF THREE HUNDRED FIFTY DOLLARS
($350.00) FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE FINAL PLAT FOR THE “ISAIAH S. WILLIAMS, JR. DEVELOPMENT CENTER”, SUBMITTED BY THE JPM CENTRE AT MIAMI GARDENS DRIVE, INC., FOR THE PROPERTY GENERALLY
LOCATED EAST OF NW 42ND AVENUE AND NW 183RD STREET,
MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN AGREEMENT
WITH OUTFRONT MEDIA FOR THE RELOCATION OF
BILLBOARD SIGNS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO TYLER
TECHNOLOGIES INC., FOR MAINTENANCE SUPPORT AND
LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE AMOUNT NINETY-ONE THOUSAND, SEVEN HUNDRED SIXTY SIX DOLLARS AND SIX CENTS ($91,766.06), FOR FISCAL YEAR
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2016; WAIVING THE COMPETITIVE BIDDING REQUIREMENTS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S)
None
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
M-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING SECTION 34-287 OF THE LAND DEVELOPMENT REGULATIONS TO ADD SECTION 32 TO PERMIT AND REGULATE MOBILE FOOD CARTS IN THE PCD DISTRICT AS OUTLINED ON EXHIBIT “A”;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
COUNCILMAN ERHABOR IGHODARO) (1st Reading – deferred
from December 9, 2015)
(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 SPIRIT OF CHRIST CENTER & MINISTRIES,
INC. FOR THE REZONING OF THAT CERTAIN PROPERTY
LOCATED AT 1455 NW 183 STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, FROM AU, AGRICULTURE TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) (1st Reading – December 9, 2015)
N-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY NEW WAY FELLOWSHIP PRAISE & WORSHIP CHURCH, INC., FOR THE REZONING OF THAT
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CERTAIN PROPERTY LOCATED AT NW 167TH STREET AND NW 22ND AVENUE , MORE PARTICULARLY DESCRIBED ON
EXHIBIT “A” ATTACHED HERETO, FROM PLANNED
CORRIDOR DEVELOPMENT TO R-1, SINGLE FAMILY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER) (1st Reading – December
9, 2015) (O) RESOLUTION(S)/PUBLIC HEARING(S)
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
P-1) MGPD Quarterly Report
(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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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 Item Type: (Enter X in box)
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
Funding Source:
(Enter Fund & Dept) General Fund Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: N/A X
Strategic Plan Related
(Enter X in box)
No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Objective/Strategy:
(list the specific objective/strategy this item will
address)
X
Sponsor Name Cameron Benson, City Manager Department: Office of the City Manager
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE AMENDMENT
OF THE CITY'S TAXABLE LAND ACQUISITION REVENUE
BOND, SERIES 2009B; APPROVING THE EXECUTION
OF A BOND MODIFICATION AGREEMENT; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
In July 2009, under Ordinance Number 2009-19-191 Council approved the borrowing of $8.8 million for
the acquisition of economic development property located on the east side of NW 27 Ave and south of
191 street (Cornerstone property). The bond is to be matured on August 1, 2014 with a balloon
payment. On July 23, 2014 an amendment was executed under Ordinance No. 2014-11-322 to extend
the maturity to August 1, 2015. A second amendment was executed under Ordinance 2015-09-339 to
Item H-1) Ordinance
First Reading
Amendment/ City's Taxable Land Acquisition Bond, Series 2009B
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further extend the maturity to February 1, 2016. Currently, the City has a contract for the sale of the
property.
Staff has performed a Request for Proposal to refinance this debt. The current outstanding amount is
$6,905,440.43. Bank of America has submitted a proposal and agrees to extend the maturity to
February 2021. The extension requires quarterly principal payments of $115,000 on February 1, 2016
and thereafter until August 1, 2020. The extension requires a final balloon payment in the amount of
$6,100,440.43 on February 1, 2021. The interest payment for each quarter will be at variable rate
based on LIBOR plus 1.00%. LIBOR is a benchmark rate used by many of the world’s leading banks for
short-term loans. The 90 day LIBOR rate for this week is 0.59% and will be adjusted daily.
The City can payoff this loan at any time without prepayment penalty.
The bond counsel cost proposed by the bank is $750.00 for this extension and the City will also incur
$750.00 for City’s bond counsel to review the documents.
The other refinancing proposal that the City received is from Bank United. Bank United required a
commitment fees as well as the interest rate are higher as the quote calls for LIBOR Rate plus 2.25%
Proposed Action:
That the City Council approve the attached Ordinance approving the Bond Modification Agreement with
Bank of America.
Attachment:
Ordinance and Third Bond Modification Agreement.
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ORDINANCE NO. 2016-__-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA AUTHORIZING THE
AMENDMENT OF THE CITY'S TAXABLE LAND
ACQUISITION REVENUE BOND, SERIES 2009B;
APPROVING THE EXECUTION OF A BOND
MODIFICATION AGREEMENT; REPEALING ALL
ORDINANCES AND RESOLUTIONS IN CONFLICT;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has issued its Taxable Land Acquisition Revenue Bond, Series 2009B
(the "Bond") dated August 14, 2009;
WHEREAS, the Bond matures on February 1, 2016, and the City desires to extend the
maturity of the Bond and the owner of the Bond, Bank of America, N.A. has agreed to extend the
maturity as provided in the Third Bond Modification Agreement herein referenced;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses
are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this
Ordinance.
SECTION 2. AUTHORIZATION: The City is authorized and directed to enter into the
Third Bond Modification Agreement (the "Agreement") attached hereto as Exhibit A. The Mayor is
authorized and directed to execute, and the City Clerk is directed to attest to the Mayor's signature
on, the Agreement.
SECTION 3. CONFLICT: All ordinances or resolutions of the City in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4. EFFECTIVE DATE: This Ordinance will become effective immediately
upon its final passage.
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2
PASSED ON FIRST READING THE ___ DAY OF JANUARY, 2016.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ___ DAY OF ________, 2016.
___________________________________
OLIVER GILBERT, III, MAYOR ATTEST:
__________________________________ RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: __________________ Second by: __________________
VOTE: _________
Mayor Oliver Gilbert, III ____ (Yes) ____ (No) Vice Mayor Felicia Robinson ____ (Yes) ____ (No)
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)
Councilman David Williams Jr. ____ (Yes) ____ (No)
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) Councilman Rodney Harris ____ (Yes) ____ (No) Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)
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EXHIBIT A
THIRD BOND MODIFICATION AGREEMENT
This Third Bond Modification Agreement is dated as of February 1, 2016 and is between City of
Miami Gardens, Florida (the "City") and Bank of America, N.A. (the "Bank").
The maturity date of the City's Taxable Land Acquisition Revenue Bond, Series 2009B (the
"Bond"), dated August 14, 2009, issued in the original principal amount of $8,800,000.00, has been
extended to February 1, 2016 pursuant to the Second Bond Modification Agreement dated August 1,
2015 (the “Second Modification Agreement”), and is hereby extended to February 1, 2021. On the date
hereof and on each February 1, May 1, August 1 and November 1 hereafter the City will pay the Bank
installments of principal on the Bond in the amount of $115,000.00. The City will continue to pay
interest on the Bond on the Interest Payment Dates provided for in the Bond. On February 1, 2021 the
City will pay the Bank all outstanding principal of and accrued interest on the Bond.
The City will pay the Bank's attorney's fee of $750.00 in connection with this Modification
Agreement.
Except as expressly modified and amended by this Modification Agreement, the terms and
conditions contained in the Bond, as amended by the Second Modification Agreement, shall remain
unaffected and shall remain in full force and effect.
City of Miami Gardens, Florida
By:_____________________________________
Mayor
Attest:
By:_____________________________________
City Clerk
Bank of America, N.A.
By:____________________________________
Name:
Title:
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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: General Fund Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Sponsor Name Oliver Gilbert, Mayor
Department: Office of the Mayor Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, INSTRUCTING THE CITY MANAGER TO TAKE
ANY AND ALL STEPS NECESSARY TO IMPLEMENT CPR TRAINING
CLASSES AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX
WITH THE AUTHORITY TO ENTER INTO PARTNERSHIPS FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Mayor Oliver Gilbert proposes free Cardiopulminary Resucitation (CPR) classes at the Betty T. Ferguson
Center. The City Manager will provide these services or enter into a partnership(s) with organizations to
assist in implementing these services. This service is important to the Residents of the City to learn life
saving techniques and to be prepared in case of an emergency.
Fiscal Impact
Unknown at this time. Item K-1) Consent Agenda
Resolution
CPR Classes
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Proposed Action:
Mayor Oliver Gilbert recommends that the City Council Adopt this resolution.
Attachment:
N/A
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, INSTRUCTING THE CITY 4 MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO 5
IMPLEMENT CPR TRAINING CLASSES AT THE BETTY T. 6
FERGUSON RECREATIONAL COMPLEX WITH THE 7
AUTHORITY TO ENTER INTO PARTNERSHIPS FOR THIS 8 PURPOSE; PROVIDING FOR THE ADOPTION OF 9 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, it is important that the Residents of the City of Miami Gardens learn 12
life saving techniques and be prepared in case of an emergency, and 13
WHEREAS, Mayor Oliver Gilbert proposes that the City implement free 14
Cardiopulmonary Resuscitation (CPR) classes at the Betty T. Ferguson Recreational 15
Complex, and 16
WHEREAS, the City will provide these either services on its own or will enter into 17
a partnership with organizations to assist in implementing these services, 18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 20
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 21
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 22
made a specific part of this Resolution. 23
Section 2: INSTRUCTIONS TO THE CITY MANAGER: The City Manager is 24
hereby instructed to take any and all steps necessary to implement CPR training 25
classes at the Betty T. Ferguson Recreational Complex with the authority to enter into 26
partnerships for this purpose; 27
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 28
upon its final passage. 29
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 30
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 31
32
___________________________________ 33
OLIVER GILBERT, III, MAYOR 34 35 36
37
ATTEST: 38
39 40 __________________________________ 41
RONETTA TAYLOR, MMC, CITY CLERK 42
43
44 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 45 46
47
SPONSORED BY: 48
49 Moved by: __________________ 50 51
VOTE: _________ 52
53
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 54 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 55 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 56
Councilman David Williams Jr ____ (Yes) ____ (No) 57
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 58
Councilman Rodney Harris ____ (Yes) ____ (No) 59 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 60
61
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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: Councilman Ighodaro Special Events Account in the amount of $2,000.00
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
N/A X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communications
Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)N/A X
Sponsor Name Erhabor Ighodaro, Council Member Department: Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2015-158-2355,
WHICH SUPPORTED THE 7TH ANNUAL OPERATION STAND AGAINST
VIOLENCE IT’S OUR RESPONSIBILITY (S.A.V.I.O.R.) TO BE HELD AT
BUNCHE PARK; AUTHORIZING A SPONSORSHIP IN THE AMOUNT OF TWO THOUSAND DOLLARS ($2000.00); FROM THE SPECIAL EVENTS FUND FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The Council adopted resolution 2015-158-2355 on October 14, 2015, to support the Stand Against
Violence It’s Our Responsibility (S.A.V.I.O.R.) scheduled on December 12, 2015 at Bunche Park in
Item K-2) Consent Agenda
Resolution
S.A.V.I.O.R. March
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partnership with Mt. Zion African Methodist Episcopal (AME) Church to raise awareness of the need for
citizens to assist local law enforcement in reducing the incidences of crime and violence in the
community.
Reverend Rogery Adams has continued to foster a viable and sustaining relationship with the Miami
Gardens Police Department, Miami Gardens Parks and Recreation, and an association of local churches,
ministers and residents of Bunche Park, as well as neighboring communities. The Miami Gardens-
Bunche Park Neighborhood Watch Program was developed in 2011 as a result of the activities and
awareness campaign of the S.A.V.I.O.R. initiative. The 7th annual S.A.V.I.O.R. March originally scheduled
for Saturday, December 12, 2015, with a rally that commences at the corner of 152nd Street and NW 22nd
Avenue, culminating at Bunche Park.
The Mt. Zion African Methodist Episcopal (AME) Church, primary organizers of the 7th annual S.A.V.I.O.R.
rally, has rescheduled the event to Saturday, January 30, 2016, with a march that commences at the
corner of 152nd Street and NW 22nd Avenue, culminating at Bunche Park.
Councilman Ighodaro recommends resolution 2015-158-2355 be amended in support of the Operation
S.A.V.I.O.R., as an amiable enterprise of civic engagement and an important component of the city’s
priority of Public Safety on the rescheduled date of January 30, 2016.
Fiscal Impact
Councilman Ighodaro is requesting funding for the event in the amount of $2,000 to be allocated from
Account No. 01-11-01-511-496-01, “Special Events Account” to be utilized on the rescheduled date of
January 30, 2016.
After amending Resolution 2015-158-2355, Councilman Ighodaro Special Event’s account has an
available balance of $3,000 which can be utilized for this event.
Proposed Action:
That the City Council amend Resolution 2015-158-2355 and to reflect the rescheduled date of the event
to Saturday, January 30, 2016.
Attachment:
Attachment A: Resolution 2015-158-2355
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 4 2015-158-2355, WHICH SUPPORTED THE 7TH ANNUAL 5
OPERATION STAND AGAINST VIOLENCE IT’S OUR 6
RESPONSIBILITY (S.A.V.I.O.R.) TO BE HELD AT BUNCHE 7
PARK; AUTHORIZING A SPONSORSHIP IN THE AMOUNT OF 8 TWO THOUSAND DOLLARS ($2000.00); FROM THE SPECIAL 9 EVENTS FUND FOR THIS PURPOSE; PROVIDING FOR THE 10
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 11
EFFECTIVE DATE. 12
13 WHEREAS, Operation Stand Against Violence It’s Our Responsibility 14
(S.A.V.I.O.R.) began in 2009, as an attempt by Mt. Zion African Methodist Episcopal 15
(AME) Church to raise awareness of the need for citizens to assist local law 16
enforcement in reducing the incidences of crime and violence in the community, and 17
WHEREAS, the 7th annual S.A.V.I.O.R. March was originally scheduled for 18
Saturday, December 12, 2015, with a rally that commences at the corner of 152nd Street 19
and NW 22nd Avenue, culminating at Bunche Park, and 20
WHEREAS, Councilman Ighodaro recommends Resolution 2015-158-2355 be 21
amended and the City adopts a new Resolution changing the date of January 30, 2016, 22
and 23
WHEREAS, Councilman Ighodaro is requesting funding for the event in the 24
amount of Two Thousand Dollars ($2000.00) to be allocated from the Special Event 25
Fund for this purpose, 26
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 28
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 29
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 30
made a specific part of this Resolution. 31
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2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 32
hereby amends Resolution No. 2015-158-2355 which supported the 7TH ANNUAL 33
Operation Stand Against Violence It’s Our Responsibility (S.A.V.I.O.R.). In accordance 34
with the Resolution the City Council further authorizes a sponsorship in the amount of 35
Two Thousand Dollars ($2000.00) from the Special Events Fund for this purpose. 36
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 37
upon its final passage. 38
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 40
41
___________________________________ 42
OLIVER GILBERT, III, MAYOR 43
44 45 46
ATTEST: 47
48
49 __________________________________ 50 RONETTA TAYLOR, MMC, CITY CLERK 51
52
53
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 54 55 56
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO 57
58
Moved by: __________________ 59 60 VOTE: _________ 61
62
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 63
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 64 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65 Councilman David Williams Jr ____ (Yes) ____ (No) 66
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 67
Councilman Rodney Harris ____ (Yes) ____ (No) 68
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 69
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Councilman Ighodaro Special Events in the amount of $1,000
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education
Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A X
Sponsor Name Erhabor Ighodaro, Council Member Department: City Manager Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, RECOGNIZING FEBRUARY AS BLACK HISTORY MONTH;
AUTHORIZING THE 4TH ANNUAL BLACK HISTORY EXTRAVAGANZA, TO BE
ENTITLED “AFRICA TO AMERICA THE HISTORY OF AFRICAN AMERICANS IN
ART, CULTURE AND COMMERCE”; AUTHORIZING AN ESSAY CONTEST, A
RITES OF PASSAGE CEREMONY, AN ANKARA FASHION SHOW AND A
BUSINESS EXPO; AUTHORIZING AN EXPENDITURE OF ONE THOUSAND
DOLLARS ($1,000.00) FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
This resolution supports Councilman Ighodaro’s 4th Annual Black History Extravaganza, theme: Africa to
Item K-3) Consent Agenda
Resolution
Black History Extravaganza
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America the history of African Americans in Art, Culture and Commerce scheduled for Saturday,
February 27, 2016, at the Betty T. Ferguson Recreation Complex. The event honors residents from
Miami Gardens for their outstanding contributions as well as sharing important moments in Black
History.
From a historical perspective Black History Month had its beginnings in 1926 in the United States, when
historian Carter G. Woodson and the Association for the Study of Negro Life and History announced the
second week of February to be “Negro History Week”. This week was chosen because it marked the
birthday of both Abraham Lincoln and Frederick Douglas.
In 1976, the federal government acknowledged the expansion of Black History Week to Black History
Month by the leaders of the Black United Students at Kent State University in February of 1969. The first
celebration of Black History Month occurred at Kent State in February 1970. Six years later during the
bicentennial, the expansion of Negro History Week to Black History Month was recognized by the U.S.
government. Gerald Ford spoke in regards to this, urging Americans to “seize the opportunity to honor
the too-often neglected accomplishments of black Americans in every area of endeavor throughout our
history”.
In honor of Black History Month and in an effort to reiterate the significant importance of this historical
moment a business expo is a new element included in this year’s event. Carter G. Woodson also wrote
extensively concerning the significance and importance of black commerce and its role in sustaining the
black community. The expo’s focus is to marry local and international business through networking and
organizing to create greater economic growth and knowledge of the power of the black spending dollar
in Miami Gardens. The expo will be held in the gymnasium of the Betty T. Ferguson Recreational
Complex from 10am to 2pm.
In addition, Councilman Ighodaro is seeking to encourage the Miami-Dade County School Board and the
18 local elementary schools in Miami Gardens to participate by inviting students to write a 300 word
essay on (title to be determined). The winners will be selected and recognized at a City Council
Meeting. Along with Rites of Passage ceremony for high school students and the Ankara fashion show
all to be held at the Betty T. Ferguson Amphitheater from 6pm to 11pm.
Councilman is requesting $1,000.00 from the special event account be allocated to the event and will
seek donations from various sponsors. He is also seeking approval for use of the Betty T. Ferguson
Recreational Complex gymnasium, amphitheater, and staffing of the event.
Fiscal Impact
Councilman Ighodaro’s special event account has a current balance of $1,000 which is available to be
allocated to the Black History Extravaganza event.
Proposed Action:
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Recommend Council approval of this resolution with a funding of $1,000.00 to be allocated from Council
Member Special Events Account.
Attachment:
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, RECOGNIZING FEBRUARY AS 4 BLACK HISTORY MONTH; AUTHORIZING THE 4TH ANNUAL 5
BLACK HISTORY EXTRAVAGANZA, TO BE ENTITLED “AFRICA 6
TO AMERICA THE HISTORY OF AFRICAN AMERICANS IN ART, 7
CULTURE AND COMMERCE”; AUTHORIZING AN ESSAY 8 CONTEST, A RITES OF PASSAGE CEREMONY, AN ANKARA 9 FASHION SHOW AND A BUSINESS EXPO; AUTHORIZING AN 10
EXPENDITURE OF ONE THOUSAND DOLLARS ($1,000.00) FOR 11
THIS PURPOSE; PROVIDING FOR THE ADOPTION OF 12
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, Black History Month is observed annually to spotlight important 15
people and events in the history of the African diaspora, and 16
WHEREAS, Black History Month began in 1926 when historian Carter G. 17
Woodson and the Association for the Study of Negro Life and History, announced that 18
the second week of February would be recognized as “Negro History Week”, and 19
WHEREAS, in 1976, Black History Week was extended to the entire month of 20
February, and 21
WHEREAS, Councilman Erhabor Ighodaro wants the City to host the 4th Annual 22
Black History Extravaganza and recommends that the City recognize February as Black 23
History Month, and 24
WHEREAS, to commemorate Black History Month, Councilman Ighodaro also 25
recommends that the City hosts an essay contest for elementary schools students, a 26
Rites of Passage ceremony for high school students located in the City of Miami 27
Gardens and an Ankara Fashion Show, and 28
WHEREAS, it is being recommended that the City expend the sum of One 29
Thousand Dollars ($1,000.00) from the Special Event Fund for this purpose, 30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 32
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2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 33
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 34
made a specific part of this Resolution. 35
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 36
hereby recognizes February as Black History Month and authorizes the 4th Annual Black 37
History Extravaganza, to be entitled “Africa To America The History Of African 38
Americans In Art, Culture and Commerce”. The City Council further authorizes an Essay 39
Contest, a Rites Of Passage Ceremony, Ankara Fashion Show and a Business Expo 40
and an expenditure of One Thousand Dollars ($1,000.00) from the Special Event Fund 41
for this purpose. 42
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 43
upon its final passage. 44
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 45
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 46
47
___________________________________ 48
OLIVER GILBERT, III, MAYOR 49
50 51 52
ATTEST: 53
54
55 __________________________________ 56 RONETTA TAYLOR, MMC, CITY CLERK 57
58
59
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 60 61 62
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO 63
64
Moved by: __________________ 65
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3
66
VOTE: _________ 67
68 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 69 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 70
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 71
Councilman David Williams Jr ____ (Yes) ____ (No) 72
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 73 Councilman Rodney Harris ____ (Yes) ____ (No) 74 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 75
76
77
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) N/A X
Sponsor Name Lisa C. Davis, Council Member
Department: City Manager Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING RAISING AWARENESS ABOUT
CERVICAL CANCER DURING THE MONTH OF JANUARY, NATIONAL
CERVICAL HEALTH AWARENESS MONTH; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Councilwoman Davis knows that national events can be great opportunities to raise awareness of
important issues affecting the quality of life for Miami Gardens’ residents.
January is National Cervical Health Awareness Month. According to the Statistics adapted from the
American Cancer Society’s publication, Cancer Facts & Figures 2015, “This year, an estimated 12,900
women in the United States will be diagnosed with cervical cancer. It is estimated that 4,100 deaths
Item K-4) Consent Agenda
Resolution
National Cervical Health Awareness Month
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from the disease will occur this year. The five –year survival rate is the percentage of women who
survive at least five years after the cancer is found. For all stages of cervical cancer, the five-year
survival rate is 68%. When detected at an early stage, the five-year survival rate for women with
invasive cervical cancer is 91%”.
Regular Pap Test screening is an important tool in finding and treating cervical cell changes before they
progress to cervical cancer. Councilwoman Davis emphasized the importance for early detection, and
encourages women to talk to their doctor about how often to have this test.
Proposed Action:
Recommend Council approval of this resolution in recognition of National Cervical Health Awareness
Month.
Attachment:
33 of 202
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING RAISING 4 AWARENESS ABOUT CERVICAL CANCER DURING THE 5
MONTH OF JANUARY, NATIONAL CERVICAL HEALTH 6
AWARENESS MONTH; PROVIDING FOR THE ADOPTION OF 7
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, January is National Cervical Health Awareness Month, and 10
WHEREAS, the American Social Health Association (ASHA) and the National 11
Cervical Cancer Coalition have named January Cervical Health Awareness Month to 12
encourage women across the country to get screened for cervical cancer, and 13
WHEREAS, each year, an estimated 12,000 women are diagnosed with cervical 14
cancer, and of those, about one-third will die as a result of the cancer, and 15
WHEREAS, cervical cancer is also a highly preventable and treatable cancer, 16
thanks to improved screening and vaccination, and 17
WHEREAS, the five year survival rate is the percentage of women who survive 18
at least five years after the cancer is found and for all stages of cervical cancer, the five-19
year survival rate is 68%, and 20
WHEREAS, when detected at an early stage, the five-year survival rate for 21
women with invasive cervical cancer is 91%, and 22
WHEREAS, regular Pap Test screening is an important tool in finding and 23
treating cervical cell changes before they progress to cervical cancer, and 24
WHEREAS, Councilwoman Davis emphasized the importance for early detection 25
and encourages women to talk to their doctor and be screened regularly, and 26
WHEREAS, Councilwoman Davis is recommending that the City Council 27
commemorate January as National Cervical Health Awareness Month in the City of 28
Miami Gardens, 29
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 31
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: EXPRESSION OF SUPPORT: The City Council of the City of 35
Miami Gardens hereby supports raising awareness about cervical cancer during the 36
month of January, National Cervical Health Awareness Month. 37
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 38
upon its final passage. 39
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 40
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 41
42
___________________________________ 43
OLIVER GILBERT, III, MAYOR 44 45 46
47
ATTEST: 48
49 50 __________________________________ 51
RONETTA TAYLOR, MMC, CITY CLERK 52
53
54 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 55 56
57
SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 58
59 Moved by: __________________ 60 61
VOTE: _________ 62
63
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 64
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Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 65
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 66
Councilman David Williams Jr ____ (Yes) ____ (No) 67 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 68 Councilman Rodney Harris ____ (Yes) ____ (No) 69
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70
71
72
36 of 202
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) N/A X
Sponsor Name David Williams Jr., Council Member Department: City Manager Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE MIAMI TIGER BEETLE AND
ENCOURAGING THE FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION TO DESIGNATE THE MIAMI TIGER BEETLE AS A
THREATENED SPECIES; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Councilman David Williams Jr., recognizes that one of the last tracts of endangered pine rockland
(“Rockland”) within Miami-Dade County is located along S.W. 152nd Street and SW 127th Avenue in
unincorporated Miami-Dade County.
Rockland is a globally imperiled habitat containing an array of rare plants, animals, and insects, which
are rare and exclusive to the habitat. Preservation of the native Rockland, and the species for which is
Item K-5) Consent Agenda
Resolution
Support of Pine Rockland
& Miami Tiger Beetle
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provides a home is of great importance for the protection of our native forest’s unique and endangered
environment.
One of the rare inhabitants of the Rockland is the Miami Tiger Beetle, which was presumed extinct until
a recent survey detected the species in the Rockland. On June 29, 2015, the Florida Fish and Wildlife
Conservation Commission received a request to evaluate the status of the Miami Tiger Beetle for listing
as a state-designated threatened species from the Center of Biological Diversity and individuals.
Councilman Williams is concerned that the rare Miami Tiger Beetle will become extinct within Miami-
Dade County.
Proposed Action:
Recommend Council approval of this resolution supporting the Miami Tiger Beetle and encouraging the
Florida Fish and Wildlife Conservation Commission to designate the Miami Tiger Beetle as a threatened
species. The City Clerk is hereby directed to transmit this resolution to the Florida and Wildlife
Conservation Commission, Florida State Legislators representing the City of Miami Gardens and all
municipalities in Miami-Dade County.
Attachment:
38 of 202
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING THE PINE 4 ROCKLAND AND THE MIAMI TIGER BEETLE AND 5
ENCOURAGING THE FLORIDA FISH AND WILDLIFE 6
CONSERVATION COMMISSION TO DESIGNATE THE MIAMI 7
TIGER BEETLE AS A THREATENED SPECIES; PROVIDING FOR 8 INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 9 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 10
EFFECTIVE DATE. 11
12
WHEREAS, Pine Rocklands (“Rockland”) grow on the coastal Miami Rock Ridge, 13
that extends to Long Pine Key in Everglades National Park, and 14
WHEREAS, over 225 types of native plants occur here and more than 20% of the 15
plant species are found here and nowhere else in the world, and 16
WHEREAS, five of these plant species are federally listed as threatened or 17
endangered, and 18
WHEREAS, Councilman David Williams Jr., recognizes that one of the last tracts 19
of endangered Rockland within Miami-Dade County is located along SW 152nd Street 20
and SW 127th Avenue in unincorporated Miami-Dade County, and 21
WHEREAS, preservation of the native Rockland and the species for which it 22
provides a home is of great importance for the protection of our native forest’s unique 23
and endangered environment, and 24
WHEREAS, one of the rare inhabitants of the Rockland is the Miami Tiger 25
Beetle, which was presumed extinct until a recent survey detected the species in the 26
Rockland, and 27
WHEREAS, on June 29, 2015, the Florida Fish and Wildlife Conservation 28
Commission received a request to evaluate the status of the Miami Tiger Beetle for 29
listing as a state-designated threatened species from the Center of Biological Diversity 30
and individuals, and 31
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WHEREAS, Councilman Williams is concerned that the rare Miami Tiger Beetle 32
will become extinct within Miami-Dade County and recommends that the City supports 33
the Miami Tiger Beetle and its rare inhabitant of the Rockland, 34
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 36
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 37
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 38
made a specific part of this Resolution. 39
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 40
hereby supports the Pine Rockland and the Miami Tiger Beetle and encourages the 41
Florida Fish And Wildlife Conservation Commission to designate the Miami Tiger Beetle 42
as a threatened species. 43
Section 3: DIRECTIONS TO THE CITY CLERK: The City Clerk is hereby 44
directed to transmit this Resolution to the Florida and Wildlife Conservation 45
Commission, Florida State Legislators representing the City of Miami Gardens and all 46
municipalities in Miami-Dade County. 47
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 48
upon its final passage. 49
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 50
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 51
52
___________________________________ 53 OLIVER GILBERT, III, MAYOR 54 55
56
57
ATTEST: 58
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3
59
60
__________________________________ 61 RONETTA TAYLOR, MMC, CITY CLERK 62 63
64
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 65
66 67 SPONSORED BY: COUNCILMAN DAVID WILLIAMS JR 68
69
Moved by: __________________ 70
71 VOTE: _________ 72 73
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 74
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 75
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 76 Councilman David Williams Jr ____ (Yes) ____ (No) 77 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 78
Councilman Rodney Harris ____ (Yes) ____ (No) 79
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 80
81
82
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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: Florida Dept of
Transporataion Grant & Public Works- Stormwater Funds (matching)
Advertising Requirement:
(Enter X in box)
Yes No
X
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 X
Communication
Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X
Sponsor Name Cameron Benson,
City Manager
Department: Public Works – KMGB Division
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT
CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, FOR THE ACCEPTANCE OF GRANT FUNDS, IN
THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; AUTHORIZING A ONE TO ONE FUNDING MATCH OF IN-KIND OR
MONETARY CONTRIBUTIONS; PROVIDING FOR INSTRUCTIONS TO
THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background Item K-6) Consent Agenda
Resolution
FDOT Grant
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The City of Miami Gardens has proposed projects to the Florida Department of Transportation and Keep
America Beautiful. The proposed projects were approved and the City of Miami Gardens will receive
$15,000 to conduct a litter prevention program in the City of Miami Gardens.
Current Situation
This grant will implement and promote the “Drive It Home-Keep Our Paradise Litter Free” campaign
within our local community. The “Drive It Home” campaign will be in conjunction with the National
Great American Cleanup with the purpose of bringing a coordinated effort towards cleaning up local
communities within the State. The City shall be the local community coordinator for this event. The
Litter campaign will sponsor litter prevention education workshops/seminars and other educational
presentations within the local community. This grant will benefit Stormwater Operations since street
trash ends up in our stormwater system, if it is not picked up.
Fiscal Impact
This is a reimbursable grant for the eligible expenses with matching, monetary or in-kind, required from
the City in the amount of $15,000. Matching funds will be derived from the line item for swale area
improvement at the Stormwater Fund.
Proposed Action:
City Council allow the City Manager to accept award and submit required resolution; authorizing the City
Manager to execute any and all agreements and documents as a result of this grant process; authorizing
a match of funds in the amount of $15,000.
Attachment:
Attachment A - Award Agreement
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, 5
RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE 6
FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE 7
ACCEPTANCE OF GRANT FUNDS, IN THE AMOUNT OF 8 FIFTEEN THOUSAND DOLLARS ($15,000.00), A COPY OF 9 WHICH IS ATTACHED HERETO AS EXHIBIT “A”; AUTHORIZING 10
A ONE TO ONE FUNDING MATCH OF IN-KIND OR MONETARY 11
CONTRIBUTIONS; PROVIDING FOR INSTRUCTIONS TO THE 12
CITY CLERK; PROVIDING FOR THE ADOPTION OF 13 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, the Florida Department of Transportation (FDOT) has awarded the 16
City a grant in the amount of Fifteen Thousand Dollars ($15,000.00), for litter prevention 17
and education through the “Keep Miami Gardens Beautiful” program, and 18
WHEREAS, the grant funds will be utilized to implement the “Drive It Home-Keep 19
Our Paradise Litter Free” campaign, and 20
WHEREAS, the campaign will be in conjunction with the National Great 21
American Cleanup, and will focus on clearing litter and debris from the Miami Gardens 22
community, and 23
WHEREAS, the FDOT requires the adoption of a Resolution authorizing the City 24
Manager to accept the grant funds, and 25
WHEREAS, the grant terms also require the City to provide a one to one funding 26
match of in-kind or monetary contributions, and 27
WHEREAS, City staff is recommending that the City Council authorizes the City 28
Manager enter into an Agreement with Florida Department of Transportation for the 29
acceptance of grant funds, 30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 32
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2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 33
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 34
made a specific part of this Resolution. 35
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 36
hereby authorizes the City Manager and the City Clerk to execute and attest, 37
respectively that certain Agreement with the Florida Department of Transportation, for 38
the acceptance of grant funds in the amount of Fifteen Thousand Dollars ($15,000.00), 39
a copy of which is attached hereto as Exhibit “A”; and further authorizes a one to one 40
funding match of in-kind or monetary contributions. 41
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 42
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 43
be maintained by the City, and one to be delivered to Florida Department of 44
Transportation. 45
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 46
upon its final passage. 47
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 48
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 49
50
___________________________________ 51
OLIVER GILBERT, III, MAYOR 52 53 54
55
ATTEST: 56
57 58 __________________________________ 59
RONETTA TAYLOR, MMC, CITY CLERK 60
61
62
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3
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 63
64
65 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 66 67
Moved by: __________________ 68
69
VOTE: _________ 70 71 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 72
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 73
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 74
Councilman David Williams Jr ____ (Yes) ____ (No) 75 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 76 Councilman Rodney Harris ____ (Yes) ____ (No) 77
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 78
79
80
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Financial Project No:
409750-2-74-01
Contract No.
Fund:
Function:
Contract Amount: $15,000.00
DUNS No.:
Recipient DUNS No.:
FLAIR Approp:
FLAIRObj.:
Org. Code:
Vendor No.: 11-3695944-001
CSFA No. and Title: 55.003 and
Highway Beautification Grants -Keep
Florida Beautiful (contract rev. I 1.04.15)
CFDA No. and Title:
LITTER CONTROL AND PREVENTION GRANT AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
AND
CITY OF MIAMI GARDENS, FLORIDA
This Litter Control and Prevention Grant Agreement ("Agreement") is entered into this
__ day of , 2015 between the State of Florida, Department of
Transportation ("Department"), and City of Miami Gardens -Keep Miami Gardens Beautiful
Program, a Florida non-profit corporation ("Recipient").
WITNESSETH:
A. The Department is authorized under Section 334.044, Florida Statutes, and Section
403.709, Florida Statutes to enter into this Agreement.
B. The Florida Legislature has appropriated the amount of$800,000 in Fiscal Year 2015/2016
to the Department in order to provide funding for litter prevention and control programs
through a certified Keep America Beautiful Affiliate at the local level.
C. The Department is prepared, in accordance with its adopted work program, to undertake
the Project described as the Keep America Beautiful Litter Control and Prevention
Program, in Fiscal Year 2015/2016, in the amount of $15,000 and which Project is known
as Financial Project Number 409750-2-74-01, as more fully described in Exhibit "A"
("Proj ect").
NOW, THEREFORE, in consideration ofthe mutual benefits contained in this Agreement, the
parties agree as follows:
1. The recitals set forth above are incorporated by this reference in this Agreement.
2. The Recipient shall furnish all services as required in Exhibit "A" for completion of the
Project.
3. The Recipient shall comply with the compliance requirements applicable to state resources
awarded pursuant to this agreement as noted in Exhibit "B" of this agreement.
4. The Recipient shall provide a proposed budget for use of FDOT funds for this project as
required in Exhibit "c" of this agreement.
5. The Recipient shall provide a listing of program activities for this project as required in
Exhibit "D" of this agreement.
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6. The Recipient shall submit a Program Activity Progress Report, on a quarterly basis to the
Department and send a copy to Keep Florida Beautiful, Inc. as part of the reporting
requirements, which is incorporated and attached as Exhibit "E" in this agreement.
7. The term ofthis Agreement shall begin upon the date of signature ofthe last party to sign
this Agreement ("Effective Date") and continue through September 30, 2016. Execution
ofthis Agreement by both parties shall be deemed a Notice to Proceed to the Recipient for
work to begin on the Project. Any work performed prior to the execution ofthis Agreement
is not subject to reimbursement.
8. The Department agrees to reimburse the Recipient in an amount not to exceed $15,000 for
actual costs incurred, excluding Recipient overhead. Project costs eligible for
reimbursement will be allowed only from the Effective Date of this Agreement. The
funding for this Project is contingent upon annual appropriation by the Florida Legislature,
the availability offunds pursuant to this Paragraph 5, and all other terms ofthis Agreement.
The Recipient agrees to bear all expenses in excess of the Department's participation.
a. The Department agrees to compensate the Recipient for services described in
Exhibit "A", and as set forth in the Recipient's Proposed Budget in Exhibit "C",
attached to and incorporated in this Agreement. Additionally, the services which
the Recipient provides in Exhibit "A" shall conform with those programs as
identified in Exhibit "D", attached to and incorporated in this Agreement.
b. Unless otherwise permitted, payment will begin in the year the Project or Project
phase is scheduled in the adopted work program as of the Effective Date of this
Agreement. Payment will be made for actual costs incurred as of the date the
invoice is submitted with the final payment due upon receipt of a final invoice.
c. The Recipient shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level ofservice
to be performed and the criteria for evaluating successful completion. The Project,
identified as Financial Project Number 409750-2-74-01, and the quantifiable,
measurable, and verifiable units of deliverables are described more fully in Exhibit
"A".
d. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre
audit and post-audit, based on the quantifiable, measurable and verifiable
deliverables as established in Exhibit "A". Deliverables must be received and
accepted in writing by the Department's Project Manager prior to reimbursements.
All invoices shall include a completed and accurate Grant Reporting Form as set
forth in Exhibit "E" attached to and incorporated in this Agreement.
e. Supporting documentation must establish that the deliverables were received and
accepted in writing by the Recipient and must also establish that the required
minimum level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A" has been met.
f. Bills for travel expenses specifically authorized in this Agreement shall be
submitted on the Department's Travel Form No. 300-000-01 and will be paid in
accordance with Section 112.061, Florida Statutes and the most current version of
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the Disbursement Handbook for Employees and Managers (Section 287.058(b),
Florida Statutes).
g. Payment shall be made only after receipt and approval ofgoods and services unless
advance payments are authorized by the Chief Financial Officer of the State of
Florida under Chapters 215 and 216, Florida Statutes. Ifthe Department determines
that the performance of the Recipient is unsatisfactory, the Department shall notifY
the Recipient of the deficiency to be corrected, which correction shall be made
within a time frame to be specified by the Department. The Recipient shall, within
five days aft~r notice from the Department, provide the Department with a
corrective action plan describing how the Recipient will address all issues of
contract non-performance, unacceptable performance, failure to meet the minimum
performance levels, deliverable deficiencies, or contract non-compliance. If the
corrective action plan is unacceptable to the Department, the Recipient shall be
assessed a non-performance retainage equivalent to 10% of the total invoice
amount. The retainage shall be applied to the invoice for the then-current billing
period. The retainage shall be withheld until the Recipient resolves the
deficiency. If the deficiency is subsequently resolved, the Recipient may bill the
Department for the retained amount during the next billing period. Ifthe Recipient
is unable to resolve the deficiency, the funds retained may be forfeited at the end of
the Agreement's term.
h. The Recipient should be aware of the following time frames. Upon receipt of an
invoice, the Department has twenty (20) days to inspect and approve the goods and
services. The Department has twenty (20) days to deliver a request for payment
(voucher) to the Department of Financial Services. The twenty (20) days are
measured from the latter ofthe date the invoice is received or the goods or services
are received, inspected and approved. If a payment is not available within forty
(40) days, a separate interest penalty at a rate as established pursuant to Section
55.03(1), Florida Statutes, will be due and payable, in addition to the invoice
amount, to the Recipient. Interest penalties of less than one dollar ($1.00) will not
be enforced unless the Recipient requests payment. Invoices which have to be
returned to the Recipient because of Recipient preparation errors will result in a
delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Department. A Vendor Ombudsman
has been established within the Department of Financial Services. The duties of
this individual include acting as an advocate for entities who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (850) 413-5516 or by calling the Division of
Consumer Services at (877) 693-5236.
1. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period ofthis
Agreement and for five years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request. Records
ofcosts incurred include the Recipient's general accounting records and the project
records, together with supporting documents and records, of the Recipient and all
subcontractors performing work on the project, and all other records of the
Recipient and subcontractors considered necessary by the Department for a proper
audit costs.
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J. Upon request, the Recipient agrees to provide progress reports to the Department
in the standard format used by the Department and send a copy to Keep Florida
Beautiful, Inc. at intervals established by the Department. The Department will be
entitled at all times to be advised, at its request, as to the status of the Project and
of details thereof. Either party to the Agreement may request and shall, within a
reasonable time thereafter, be granted a conference with the other party.
k. In the event this Agreement is in excess of $25,000.00 and a term for a period of
more than one (1) year, the provisions of Section 339. 135(6)(a), Florida Statutes,
are incorporated as follows:
"The Department, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any
contract, verbal or written, made in violation of this subsection is
null and void, and no money may be paid on such contract. The
Department shall require a statement from the Comptroller of the
Department that funds are available prior to entering into any such
contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods
exceeding one (1) year, but any contract so made shall be executory
only for the value ofthe services to be rendered or agreed to be paid
for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts ofthe Department which are
for an amount in excess of $25,000.00 and which have a term for a
period ofmore than one (1) year."
1. The Department's obligation to pay under this Agreement is contingent upon an
annual appropriation by the Florida Legislature.
m. All costs charged to the Project and the grant match of in kind services shall be
supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety ofthe charges.
n. Any Project funds made available by the Department pursuant to this Agreement
which are determined by the Department to have been expended by the Recipient
in violation of this Agreement or any other applicable law or regulation shall be
promptly refunded in full to the Department. Acceptance by the Department ofany
documentation or certifications, mandatory or otherwise permitted, that the
Recipient files shall not constitute a waiver ofthe Department's rights as the funding
agency to verify all information at a later date by audit or investigation.
9. The administration of resources awarded through the Department to the Recipient by this
Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the
conduct ofadditional audits or evaluations ofstate financial assistance or limit the authority
of any state agency inspector general, the Auditor General, or any other state official. The
Recipient shall comply with all audit and audit reporting requirements as specified below.
4
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a. In addition to reviews of audits conducted in accordance with Section 215.97,
Florida Statutes, monitoring procedures may include, but not be limited to, on-site
visits by Department staff, and/or other procedures. By entering into this
Agreement, the Recipient agrees to comply and cooperate fully with any
monitoring procedures/processes deemed appropriate by the Department. The
Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the state Chief Financial Officer
(CFO) or Auditor General.
b. The Recipient, as a non-state entity as defined by Section 215.97(2)(m), Florida
Statutes, and as a recipient of state financial assistance awarded by the Department
through this Agreement is subject to the following requirements:
1. In the event that the Recipient expends a total amount of state financial
assistance equal to or in excess of the threshold established by Section
215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient
must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the
Department ofFinancial Services; and Chapters 10.550 (local governmental
entities) or 10.650 (non-profit and for-profit organizations), Rules of the
Auditor General. Exhibit "B" to this Agreement provides the specific state
financial assistance information awarded through the Department by this
Agreement needed by the Recipient to further comply with the requirements
of Section 215.97, Florida Statutes. In determining the state financial
assistance expended in a fiscal year, the Recipient shall consider all sources
of state financial assistance, including state financial assistance received
from the Department, other state agencies, and other non-state entities.
State financial assistance does not include Federal direct or pass-through
awards and resources received by a non-state entity for Federal program
matching requirements.
11. In connection with the audit requirements, the Recipient shall ensure that
the audit complies with the requirements of Section 215.97(8), Florida
Statutes. This includes submission of a financial reporting package as
defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550
(local government entities) or 10.650 (non-profit and for-profit
organizations), Rules of the A udi tor General.
111. If the Recipient expends less than the threshold established by Section
215.97, Florida Statutes, in state financial assistance in a fiscal year, an audit
conducted in accordance with the provisions of Section 215.97, Florida
Statutes, is not required; however, the Recipient must provide to the
Department a certification of exemption to
FDOTSingleAudit@dot.state.fl.us no later than 9 months after the end of
the Recipient's fiscal year for each applicable audit year. In the event that
the Recipient expends less than the threshold established by Section 215.97,
Florida Statutes, in state financial assistance in a fiscal year and elects to
have an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, the cost of the audit must be paid from the
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Recipient's resources (i.e., the cost of such an audit must be paid from the
Recipient's resources obtained from other than State entities).
lV. Copies of financial reporting packages required by this Agreement shall be
submitted to:
Florida Department ofTransportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
Email: FDOTSingleAudit@dot.state.fl.us
and
State of Florida Auditor General
Local Government Audits1342
III West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgenlocalgovt@aud.state.fl.us
v. Any copies of financial reporting packages, reports, or other information
required to be submitted to the Department shall be submitted timely in
accordance with Section 215.97, Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General, as applicable.
VI. The Recipient, when sUbmitting financial reporting packages to the
Department for audits done in accordance with Chapters 10.550 (local
governmental entities) or 10.650 (non-profit and for-profit organizations),
Rules ofthe Auditor General, should indicate the date the reporting package
was delivered to the Recipient in correspondence accompanying the
reporting package.
VB. Upon receipt, and within 6 months, the Department shall review the
Recipient's financial reporting package, including the management letters
and corrective action plans, to the extent necessary to determine whether
timely and appropriate corrective action has been taken with respect to audit
findings and recommendations pertaining to the state financial assistance
provided through the Department by this Agreement. If the Recipient fails
to have an audit conducted consistent with Section 215.97, Florida Statutes,
the Department may take appropriate corrective action to enforce
compliance, in accordance with Section 215.97(8)(1), Florida Statutes.
Vlll. As a condition of receiving state financial assistance, the Recipient shall
allow the Department, or its designee, the CFO or Auditor General access
to the Recipient's records, including project records, and the independent
auditor's working papers as necessary. Records related to unresolved audit
findings, appeals, or litigation shall be retained until the action is complete
or the dispute is resolved.
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c. The Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is
issued, and shall allow the Department, or its designee, the CFO or Auditor General
access to such records upon request. The Recipient shall ensure that the audit
working papers are made available to the Department, or its designee, the CFO, or
Auditor General upon request for a period of five years from the date the audit
report is issued, unless extended in writing by the Department.
10. The Recipient shall permit, and shall require its contractors and subcontractors to permit,
the Department's authorized representatives to inspect all work, materials, payrolls, and
records, and to audit the books, records, and accounts pertaining to the financing and
development of the Project.
11. The Recipient shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on
behalf of a public agency the Recipient shall:
a. Keep and maintain public records that ordinarily and necessarily would be required
by the Department in order to perform the services being performed by the
Recipient.
b. Provide the public with access to public records on the same terms and conditions
that the Department would provide the records and at a cost that does not exceed
the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Recipient upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the Department in a format that is compatible
with the information technology systems of the Department.
Failure by the Recipient to grant such public access shall be grounds for immediate
unilateral cancellation ofthis Agreement by the Department. The Recipient shall promptly
provide the Department with a copy of any request to inspect or copy public records in
possession of the Recipient and shall promptly provide the Department a copy of the
Recipient's response to each such request.
12. The Recipient shall comply with all federal, state and local laws and ordinances applicable
to the work or payment for work thereof, and shall not discriminate on the grounds of race,
color, religion, sex, or national origin in the performance of work under this Agreement
13. The Recipient affirms that it is aware of the provisions of Section 287. 133(2)(a), Florida
Statutes. 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
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for the construction or repair of a public building or public work; may not submit bids on
leases of real property to a 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 Statutes, for CATEGORY TWO for a period ofthirty
six (36) months from the date of being placed on the convicted vendor list. The Recipient
agrees that it shall not violate Section 287. 133(2)(a), Florida Statutes, and further
acknowledges and agrees that any conviction during the term ofthis Agreement may result
in the termination of this Agreement.
14. The Department shall consider the employment by any contractor ofunauthorized aliens a
violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement.
15. The Recipient will not discriminate against any employee employed in the performance of
this Agreement, or against any applicant for employment because of age, ethnicity, race,
religious belief, disability, national origin, or sex. The Recipient shall provide a
harassment-free workplace, with any allegation of harassment given priority attention and
action by management. The Recipient shall insert similar provisions in all contracts and
subcontracts for services by this Agreement. The Recipient affirms that it is aware of the
provisions of Section 287.134(2)( a), Florida Statutes. An entity or affiliate who has been
placed on the discriminatory vendor list 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 a 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 Recipient. The Recipient further agrees that
it shall not violate Section 287. 134(2)(a), Florida Statutes, and acknowledges and agrees
that placement on the list during the term of this Agreement may result in the termination
ofthis Agreement.
16. The Recipient shall indemnify, defend, save, and hold harmless the Department and all of
its officers, agents, or employees from liabilities, damages, losses, and costs, including, but
not limited to, reasonable attorney's fees, to the extent caused by negligence, recklessness,
or intentional wrongful misconduct of the Recipient and persons employed or utilized by
the Recipient in the performance of this Agreement. Neither the Recipient nor any of its
officers, agents, employees, contractors/subcontractors, consultants/sub consultants will be
liable under this section for the negligence of the Department or any of its officers, agents
or employees. It is specifically agreed between the parties executing this Agreement that
it is not intended by any of the provisions of any part of the Agreement to create in the
public or any member thereof, a third party beneficiary under this Agreement, or to
authorize anyone not a party to this Agreement to maintain a suit for personal injuries or
property damage pursuant to the terms or provisions of this Agreement. The Recipient
guaranties the payment of all just claims for materials, supplies, tools, or labor and other
just claims against the Recipient or any subcontractor, in connection with this Agreement.
Additionally, the Recipient agrees to include the following indemnification in all contracts
with contractors/subcontractors, or consultants/sub consultants who perform work in
connection with this Agreement.
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"The contractor/consultant shall indemnify, defend, save, and hold harmless
the Florida Department of Transportation and all its officers, agents or
employees from all suits, actions, claims, demands, or liability ofany nature
whatsoever arising out of, because of, by any negligent act, or by any
occurrence of omission or commission of the acts, by its officers, agents or
employees. Neither the contractor/consultant, nor any ofits officers, agents,
or employees will be liable under this section for damages arising out of
injury or damage to persons or property directly caused or resulting from
the negligence of the Florida Department of Transportation or any of its
officers, agents or employees."
17. The Recipient shall carry and keep in force, during the term of this Agreement, a general
liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury limits
of at least $200,000 per person and $300,000 each occurrence, and property damage
insurance of at least $200,000 each occurrence, for the services to be rendered in
accordance with this Agreement. The Recipient shall also carry and keep in force Workers'
Compensation Insurance as required by the State of Florida under the Workers'
Compensation Law. With respect to any general liability insurance policy required
pursuant to this Agreement, all such policies shall be issued by companies licensed to do
business in the State ofFlorida. The Recipient shall provide to the Department certificates
showing the required coverage to be in effect with endorsements showing the Department
to be an additional insured prior to commencing any work under this Agreement. Policies
that include Self Insured Retention will not be accepted. The certificates and policies shall
provide that in the event ofany material change in or cancellation ofthe policies reflecting
the required coverage, thirty days advance notice shall be given to the Department or as
provided in accordance with Florida law.
18. No funds received pursuant to this Agreement may be expended for the purpose of
lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance
with Section 216.347, Florida Statutes.
19. The Recipient and the Department agree that the Recipient, its employees and its
subcontractors are not agents ofthe Department as a result of this Agreement.
20. This Agreement may be canceled by the Department in whole or in part at any time the
interest of the Department requires such termination. The Department also reserves the
right to seek termination or cancellation of the Agreement in the event the Recipient shall
be placed in either voluntary or involuntary bankruptcy. The Department further reserves
the right to terminate or cancel this Agreement in the event an assignment is made for the
benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60)
days written notice to the Department. If the Agreement is terminated before performance
is completed, the Recipient shall be paid only for that work satisfactorily performed for
which costs can be substantiated.
21. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or
obligations under this Agreement without the prior written consent of the Department,
which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer
occurring without the required written approval will be null and void. The Department will
at all times be entitled to assign or transfer its rights, duties, or obligations under this
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Agreement to another governmental agency in the State of Florida, upon giving prior
written notice to the Recipient. In the event that the Department approves transfer of the
Recipient's obligations, the Recipient remains responsible for all work performed and all
expenses incurred in connection with this Agreement.
22. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be
in writing, and shall be transmitted either by personal hand delivery; United States Post
Office, return receipt requested; overnight express mail delivery, email, or facsimile. The
addresses and the contact persons set forth below for the respective parties shall be the
places where notices shall be sent, unless prior written notice ofchange ofaddress is given.
TO DEPARTMENT: TO RECIPIENT:
Florida Department of Transportation City of Miami Gardens
605 Suwannee Street, Mail Station 61 Keep Miami Gardens Beautiful Program
Tallahassee, Florida 32399-0405 Miami Gardens, Florida, 33169
Attention: Project Manager Attn: Claudelle Joseph
23. All words used herein in the singular form shall extend to and include the plural. All words
used in the plural form shall extend to and include the singular. All words used in any
gender shall extend to and include all genders.
24. This Agreement shall not be renewed.
25. This Agreement shall not be construed to grant any third party rights.
26. In no event shall the making by the Department ofany payment to the Recipient constitutes
or be construed as a waiver by the Department of any breach of covenant or any default
which may then exist on the part of the Recipient, and the making of such payment by the
Department while any such breach or default shall exist shall in no way impair or prejudice
any right or remedy available to the Department with respect to such breach or default.
27. This Agreement embodies the entire agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained in this Agreement. This
Agreement supersedes all previous communication, representation, or agreement, either
verbal or written, between the parties. No amendment will be effective unless reduced to
writing and signed by an authorized officer of the Recipient and the authorized officer of
the Department or hislher delegate.
28. If any part of this Agreement shall be determined to be invalid or unenforceable by a court
of competent jurisdiction, or by any other legally constituted body having the jurisdiction
to make such determination, the remainder ofthis Agreement thus remains in full force and
effect provided that the part of this Agreement thus invalidated or declared unenforceable
is not material to the intended operation of this Agreement.
29. This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue for any action arising out of this Agreement shall be in Leon
County, Florida.
30. Time is ofthe essence as to each and every obligation under this Agreement.
10
56 of 202
31. The Department and the Recipient acknowledge and agree to the following:
1. The Recipient shall utilize the u.s. Department of Homeland Security's E
Verify system to verify the employment eligibility of all new employees
hired by the Recipient during the term of the contract; and
11. The Recipient shall expressly require any contractors and subcontractors
performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by
the contractor/subcontractor during the contract term.
32. This Agreement may be executed in duplicate originals.
The remainder ofthis page intentionally left blank.
11
57 of 202
----------------------
------------------
-----------------------------
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below.
(Name of RECIPIENT)
BY:
Title:
Print Name _______________
Witness:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
Brian Blanchard, P.E., Assistant Secretary
for Engineering and Operations
Legal Review:
Title: _____________________ See attached encumbrance form for date of
funding approval by Comptroller
Print Name,___________
12
58 of 202
EXHIBIT "A"
SCOPE OF WORK
1.0 SERVICE OBJECTIVE: The Recipient shall assist the Department in meeting the objectives
below:
A. Implementing, administering and promoting the GAC / Drive It Home-Keep Our Paradise
Litter Free (DIH-KOPLF) Trash-Off in conjunction with the National Great American
Cleanup within the local community.
B. Implementing, administering and promoting Litter Prevention Education within the local
community.
c. Promoting and securing Adopt-A-Highway participation in the local Keep America
Beautiful (KAB) Systems communities and events.
D. Implementing, administering and promoting a minimum of three (3) additional Program
Activity Options as specified and agreed upon in Exhibit "D".
E. Maintaining a website as specified.
F. Supporting the Department's litter prevention education programs through the Recipient's
public information, public affairs, and volunteer service programs.
G. Maintain KAB Certified System status during the Agreement period.
H. Employing a part or full-time program manager during the Agreement period.
I. Functioning as a public/private partnership with a working Board ofDirectors.
J. Match Department funds as provided in this Agreement at a minimum ratio of 1: 1, as
specified.
2.0 DESCRIPTION OF SERVICES: The Recipient shall perform the following services:
A. The DIH-KOPLF Trash-Off in conjunction with the National Great American Cleanup
(GAC) is an annual event, held each March, April and May with the purpose ofbringing a
coordinated effort towards cleaning up local communities within the state. The Recipient
shall be the local community coordinator for this event. The Recipient shall include
appropriate inclusion in Recipient's publications, arrange informational meetings and
media releases necessary to increase local participation at this annual event. Recipient shall
include the official logo of the Department's DIH-KOPLF campaign on all material. The
Recipient shall provide Department with a copy of the KAB DIH-KOPLF Trash-Off
National Great American Cleanup wrap-up report as part of the reporting requirements.
B. The Recipient shall conduct Litter Prevention Education workshops / seminars and other
educational presentations within the local community. Every effort will be made by the
Recipient to utilize already approved and established KAB educational material, as well as
environmental education material recommended in the Environmental Protection Agency
(EPA) publication, "Environmental Education Materials Guidelines for Excellence". The
Recipient, when possible, will include the official Department logo on all printed
educational material. The Recipient shall supply Department with original copies of all
educational material purchased or developed with Department funds.
c. The Recipient shall assist Department at the local community level with the State's Adopt
A-Highway education program. The Recipient shall assist Department in increasing
participation at the local level, and shall include local Adopt-A-Highway participants in
KAB systems program activities and mail-outs.
13
59 of 202
D. The Recipient agrees to conduct 1complete all Program Activity Options as contained in
Exhibit "D". The Recipient shall submit a Program Activity Progress Report, on a
quarterly basis to the Department and send a copy to Keep Florida Beautiful, Inc. as part
ofthe reporting requirements.
E. The Recipient shall maintain a website. Department funds may be used to create, post to,
and maintain said website. Said website at a minimum must contain the current:
1. KAB Systems Board of Directors and Executive Committee Members
11. KAB Systems Executive Director's name and title
iii. KAB Systems street address and mailing address
IV. KAB Systems e-mail address and website address
v. KAB Systems calendar of events
VI. KAB Systems 2014/2015 Annual Report, if applicable
Vll. KAB Systems 2015 GAC Report, if applicable
Vlll. Governor and Lt. Governor's names
ix. State ofFlorida official website address (www.myflorida.com)
x. KAB logo may be displayed, and link provided
Xl. FDOT logo must be displayed
xu. DIH-KOPLF log must be displayed, and link provided
Xlll. FDOT State Adopt-A-Highway web link:
(www.dot.state.fl.uslstatemaintenanceoffice or current) and Statewide Litter
Hotline number: 1-800-BAN-LITT (er) 11-800-226-5488
xiv. Current Year Dollar Benefits Meter ($Donations + $Volunteer Hrs + $Staff
Support = total $ LDB).
xv. Historical Cumulative Years Dollar Benefits Meter ($Donations + $Volunteer
Hrs + $Staff Support total $ LDB).
XVI. Current Years Cost Benefit Ratio [Example: ($1.00: $16.00)].
xvii. Historical Cumulative Years Cost Benefit Ratio [Example: ($1.00: $160.00)].
F. The Recipient shall support the Department's litter prevention education programs through
the Recipient's normal network of seminars, speeches, newsletter, educational programs,
web sites, social media, conferences, and other communication activities.
G. The Recipient, during the Agreement period, is required to maintain its KAB Certified
System status. If the Recipient is declared to be de-certified by KAB, Inc., the Recipient
may be subject to immediate cancellation of this Agreement.
H. The Recipient, during this Agreement period, is required to employ a part time or full time
program manager (Executive Director). If the Recipient experiences a vacancy in this
position, they are required to immediately notify Department so as not be found in default.
Department will reserve the right to cancel or continue this Agreement based on the
duration of the vacancy and ability ofRecipient to fulfill this Agreement.
1. The Recipient, during this Agreement period, is required to maintain a working Board of
Directors. The Recipient shall submit to Department a complete listing ofthe members of
the Board ofDirectors. Said list shall contain the names, e-mail addresses, phone numbers
and affiliation ofeach board member. Said list shall identify the President, Vice-President,
Secretary, and Treasurer of the organization. The Recipient shall submit copies of the
14
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minutes of the Board of Directors meetings to Department as part of their required
reporting.
J. The Recipient is required to match all Department funds awarded under this Agreement, at
a 1: 1 ratio. All matching funds and in-kind donations must be documented and included
as a part of the Recipient's required quarterly reporting.
K. The Recipient may use Microsoft Office Professional XP and Internet explorer when
meeting the requirements of this Agreement.
3.0 SCHEDULE OF WORK: The Recipient shall submit to Department for review progress
reports of activities within 15 days of the end of each report period as part of its reporting
requirements. For the purposes of this Agreement, progress report due dates are: December 31,
2015, March 31, 2016, and June 30,2016. All receipts will be dated on or before June 30, 2016.
The Final DepartmentiKABS Annual Report which includes, but is not limited to, the summary
and receipts totaling grant amount, the grant match with summary and supporting documentation,
the listing of all in-kind documentation, a copy of the submitted 2015 Single Audit Exemption
Letter (if applicable), the KAB 2016 Great American Clean-up Report, KAB 2016 System's
Annual Report, and a copy of Exhibit "D" with a summary of projects, is due on or before
September 30, 2016. (Please submit your Final Annual DepartmentiKABA Report in a 3 ring
binder with an index or an electronic submittal may be accepted upon approval by the
Department's Project Manager).
4.0 PRINTING:
A. No printing for the sole use of Department will be done under this Agreement. The
Recipient shall be responsible for obtaining all printing required to accomplish this
Agreement through their normal channels.
B. All purchases of printing in excess of$lOOO require a minimum of three written bids. The
Recipient shall use reasonable efforts to include at least one bid from a Minority Business
Enterprise (MBE). The Recipient shall retain documentation ofcompetitive bids.
c. All printed materials produced under this Agreement with the use of Department funds, in
full or part, shall contain the following language in no less than a 1 Opt font. "The printing
of this material has been made possible through funds provided by the Florida
Department of Transportation". All material printed with the use of Department funds
shall display the official Department logo and DIH-KOPLF logo.
5.0 COMPENSATION:
A. The compensation for this service shall not exceed $15,000.00. The Recipient shall not
perform services in excess of the amount until advised in writing by the Department that
additional funds have been made available and encumbered. Approved costs incurred by
the Recipient during the contract period shall be in accordance with the following:
1. All direction, art work, training materials development, training, special events
coordination or organization, and program promotion shall be on an hourly
basis in accordance with Recipient's expended time toward completion of each
project.
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ll. The Recipient shall provide hourly rates for each project. The Recipient's
hourly rate will be multiplied by the hours reported by the employee to arrive
at the cost for work performed during submission period. The rate of$20.00 per
hour shall be considered the maximum allowable hourly rate.
lll. The cost of services rendered or materials produced by sub-contractors not a
part of the Recipient's organization, (out of house expenditures) shall be at
actual cost.
IV. All long-distance telephone calls, mailing, shipping and photocopying shall be
at actual cost.
v. The Recipient shall submit their request for reimbursement to the address
indicated for notice to the Department in Paragraph 18 of the Agreement. All
reimbursement requests will be submitted no later than June 30, 2016 for this
grant. The request shall include the following support documentation:
1. Paid invoices and receipts for purchases of all services
2. Paid invoices for outside or out of house expenditures
3. Paid invoices and receipts for other direct costs
4. Copies of cancelled checks
5. One Page Quarterly (as noted in 3.0) & cumulative Progress
Report Summary
B. The Department's Request for Reimbursement Form will be used to document
expenditures incurred as payment was made in advance ofincurring costs.
6.0 INELIGIBLE EXPENDITURES I ACTIVITIES
A. Purchase, lease or other costs associated with personal cell phones, pagers, beepers and
personal e-mail addresses are not an acceptable expenditure under this Agreement.
B. No funds will be used for construction projects.
c. Department funds may not be used to cover in part or full, costs direct or indirect, of
fundraising activities or fundraising events.
D. No reimbursement will be made for partial per diem for non-overnight traveL
E. No reimbursement will be made for tips, gratuities, alcohol, valet parking, or any purchases
not directly related to the purpose ofthe traveL
F. No reimbursement will be made for food or drink items.
7.0 DISPUTES: The Recipient shall be responsible for the settlement of any contractual or
administrative disputes arising out of the subcontracts entered into in support of the
contract work.
16
62 of 202
EXHIBIT "B"
STATE FINANCIAL ASSISTANCE
STATE RESOURCES A WARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Agency: Florida Department ofTransportation
State Project Title: Highway Beautification Grants Keep Florida Beautiful
CSFA Number: 55.003
Award Amount: $15,000
Specific information for CSF A Number 55.003 is provided at:
https:llapps.fldfs.comlfsaalsearchCatalog.aspx
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Compliance requirements for CSFA Number 55.003 are provided at:
https:llapps.fldfs.comlfsaalsearchCompliance.aspx
17
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EXHIBIT "e"
PROPOSED BUDGET FOR USE OF FDOT FUNDS
FDOT FUNDS* MATCHI NG FUNDS
Salaries ($20.00 @ hr. max limit) _____CExe.DirOnly)
Organizations Public Liability Ins.
Rent / Utilities Match Only
Accounting / Auditor Services _____($300.00 Max)
Phone / cell / internet access* _____($600.00 Max)
Project Materials for Exhibit "0"
Office Supplies
Project Materials for Exhibit "0"
GAC/DIH-KOPLF Prog.Materials** $1,000.00 Min. (No Drink / Food)
Volunteer Hours Match Onlv
Local Advertising (DIH-KOPLF)** .J 15$:I", CCO oeo - I Printing
Travel (limited to KAB AnnuallKFB Training)' _____($1,000.00 Max)
Internet / Social Media Support _____($2,500.00 Max)
KAB Annual Dues Only
Total FOOT Funds $15,000.00 Total Matching
* see items below. "Prior spending approval by FOOT Project Manager is required.
********************************************************************************************************************
• Telephone -the use of FDOT funds for the purchase/lease or monthly charges related to
personal cell phones, beepers or pagers are not allowed.
• Food & Drinks -State funds cannot be used for the purchase of fOQd (F), drink (D) or FD items.
• Travel-State rates shall be used. Overnight Travel and per-diem expenses shall be in accordance
with Section 112.061, Florida Statutes & documented on state travel form (see attached).
Reimbursement will not be made for partial per diem for non-overnight travel.
• Educational Material -Wherever possible, the applicant will utilize already accepted and
established educational material rather than develop new material. The department recommends
the use of the EPS publication "Environmental Education Materials: Guidelines for Excellence" in
developing educational material. Before developing or purchasing new educational material other
than the ones listed, the applicant should contact the FDOT Project Manager for approval.
• Total FDOT Funds requested -The total amount of FDOT funds requested might not exceed the
maximum amount allocated & approved by the department as stated in the proposal guidelines.
• Total Matchinq -A 1:1 match of FDOT funds is required. The total matching should reflect cash,
in-kind donations, anticipated volunteer hours ($16.00 per hour based on private industry minimum
salary for litter cleanups), donation of equipment, and other materials. The Department encourages
additional matching dollar funds where possible. You may use either other State or Federal funds
as a match, but no other FDOT funds, directly or in'directly may be used as a match to this program.
Cash, In-kind and other matches, must be documented in the required reporting.
18
64 of 202
FLORIDA DEPARTMENT OF TRANSPORTATION
EXHIBIT "0"
PROGRAM ACTIVITY OPTIONS
Please check the activities that your affiliate will conduct at the local level during the grant period
ending September 30,2016. The applicant must identify a minimum of 3 additional activities, which
will be completed during the funding period for a total of 7 activities. Return this completed form
with your proposal application. If awarded funds, this attachment will become a part of the
Agreement. Already checked 4 activities are required components, and cannot be counted towards
the required 3 additional activities. All 7 programs must be conducted within your local
communities.
~GAC & DIH-KOPLF Trash-Off (Mar/April/May)(req.) ~Litter prevention education PSA's
.I Litter prevention community presentations (required) Adopt-A-Spot
~State Adopt-A-Highway promotion (required) Adopt-A-Medium
~2016 KAB Award Submission (required) Local Adopt-A-Road (County)
__ Local Adopt-A-Street (City) __ Clean Builders program
Electronic Recycling partnership with SWIX Litter receptacle placement'
__ America Recycles Day Activities (November) __ Christmas tree Recycling (Dec)
..; Local Litter Hotline Litter ordinance improvements
Environmental court Waste in Workplace education
__ Local Litter enforcement programs Graffiti abateme~t
__Graffiti Hurts workshops / program implementation __Neighborhood improvement programs
Litter free events Business / School Recycling
__Community gardens __ MSW community presentations
Recycling / reuse projects / programs Composting
__ Local Waste exchange __ "Get a Grip" video presentation
Recyclables collection program / special projects Charge up to Recycle presentations
__Close the Loop/Buy Recycled presentations __ Illegal dumping abatement
__ Illegal dumping hotline Tree planting reforestation projects
__ Recycling education __ School ProgramslEducational Fairs
__ Marine Debris abatement programs/projects Other
Adopt-A-Shore (Assist)
Rev 9.30. 15
19
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EXHIBIT "E"
Florida Department ofTransportation GRANT REPORTING FORM
Service Dates through (Period)
Affiliates Name: Grant Amount: $
Budget
Category
Approved
Total
Annual
Expenditures
Amount Used
All Prior
Quarters
Amount
Used This
Quarter
Remaining
Balance
Salaries (Max. $20.00 Hr.: E.D. Only)
Public Liability Insurance
Rent I Utilities Match Only Match Only Match Only Match Only
Accounting Services ($300.00 Max.)
Phone/cellllnt. access ($600.00 Max.)
Office Supplies
Project Materials for Exhibit "D"
DlH-KOPLF Program Materials
(No DrinkIFood) ••• $1000.00 min
Local Advertising (D1H·KOPLF) ••• $2000.00 min
Printing
Travel (limited to KAS I KFB Annual Mtgs -$1.000.00 max.)
Internet I Social Media Web-site
Support ($2,500.00 Max.)
Limited to KAB Annual Dues
Column Total
*** Pnor approval needed by FDOT Project Manager.
Approved by: ________Date: _________
LOCAL PROGRAM ACTIVITIES:
Total number of Adopt-A-_____Groups to date:
Total number of groups* conducting litter cleanups:
Total number ofvolunteer* hours for litter removal:
Total pounds oflitter*collected:
Total number of volunteer* hours for other activities:
(*inclusive ofall pickup activities for your organization)
Total dollar amount of cost benefits in local community:
-Volunteer dollar benefit: hours x $16.00* $____cost benefit
-Litter dollar benefit: pounds divided by 2,000 = __tons
-__Tons x local tipping fee ton = S cost benefit
(*based on the minimum amount paid by private industry for litter collection)
Total cost benefits: (grant award match requires supporting documentation)
Volunteer Hours:
Litter do lIars:
In-Kind dollars
Cash contributions
Other cash funding $_-
This Quarters Total cost benefits $___ (For this quarter)
*All Quarters Total cost benefits ~____** (All quarters to date during contract period)
14/15 Total cost Benefit
$_-
Annual Return On Investment (ROI) / All Quarters Total Cost Benefits
____ (Cost Benefit) / (Amt. Expended) = (Affiliate's Grant ROI)
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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: Revenue Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev
Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X
Sponsor Name Cameron Benson,
City Manager Department: Fleet Management
Procurement
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, DECLARING TWELVE (12) FLEET VEHICLES TO
BE SURPLUS; AUTHORIZING THE CITY MANAGER TO UTILIZE FISHER AUCTION COMPANY, INC., AND RENE BATES AUCTIONEERS, INC. FOR AUCTION SERVICES TO DISPOSE OF THE
SURPLUS VEHICLES; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
BACKGROUND
In accordance with City policy, the City Manager, at his discretion may sell to the general public, by
auction, sealed bid, or other acceptable method any City-owned surplus property. It is possible that
some units may auction in excess of five thousand dollars ($5,000). Sales or trades of surplus supplies or
Item K-7) Consent Agenda
Resolution
Surplus Fleet Vehicles
67 of 202
18605 NW 27th Avenue
Miami Gardens, Florida 33056
equipment of a value in excess of five thousand dollars ($5,000) shall be approved by the City Council.
Units that require expensive mechanical repairs, extensive collision repairs, are not needed as a result of
operational changes are deemed surplus.
CURRENT SITUATION
The City participates in the Southeast Florida Cooperative Group for Auction Services. Fisher Auction
Company, Inc. located in Pompano Beach, Florida was awarded “On-Site Auction Services” and Rene
Bates Auctioneers, Inc. located in McKinney, Texas was awarded “Internet Auction Services”. Staff will
arrange to have Rene Bates Auctioneers, Inc. conduct an on-line auction of vehicles that are being taken
out service.
Staff estimates that twelve (12) fleet units (which could consist of automobile, truck and trailer) will be
taken out of service as surplus fiscal year 2016. These units may require expensive mechanical and
extensive collision repairs that are more than the value of the units.
The average selling price is $3,000 each.
FISCAL IMPACT
Any net proceeds from the sale of the vehicles will be additional revenue to the City in FY 2016.
Proposed Action:
It is recommended that the City Council approves the attached resolution authorizing the City Manager
to utilize Rene bates Auctioneers, Inc. for internet auction services to dispose of the surplus vehicles.
Attachment:
None.
68 of 202
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, DECLARING TWELVE (12) FLEET 4 VEHICLES TO BE SURPLUS; AUTHORIZING THE CITY 5
MANAGER TO UTILIZE FISHER AUCTION COMPANY, INC., 6
AND RENE BATES AUCTIONEERS, INC. FOR AUCTION 7
SERVICES TO DISPOSE OF THE SURPLUS VEHICLES; 8 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 9 PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, on May 22, 2013, the City Council adopted Resolution No. 2013-12
139-1935, which awarded a bid to Fisher Auction Company, Inc., to conduct live auction 13
services and for Rene Bates Auctioneers, Inc., for internet auction services, on behalf of 14
the City, and 15
WHEREAS, City staff estimates that 12 fleet vehicles, with an average sale value 16
of Three Thousand Dollars ($3,000.00), will be taken out of service, and 17
WHEREAS, in accordance with Section 2-844 of the City's Code of Ordinances, 18
the City Council determines the disposition of any property valued over Five Thousand 19
Dollars ($5,000.00), and 20
WHEREAS, the City Manager is requesting that the City Council declare the 21
vehicles surplus, and authorize the City Manager to dispose of the surplus property, 22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26
made a specific part of this Resolution. 27
Section 2: DECLARATION: The City Council of Miami Gardens hereby 28
declares a surplus of twelve (12) fleet vehicles. 29
69 of 202
2
Section 3: AUTHORIZATION: The City Council of the City of Miami Gardens 30
hereby authorizes the City Manager to utilize Fisher Auction Company, Inc., and Rene 31
Bates Auctioneers, Inc., for auction services to dispose of the surplus vehicles. 32
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 33
upon its final passage. 34
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 36
37
___________________________________ 38
OLIVER GILBERT, III, MAYOR 39 40 41
42
ATTEST: 43
44 45 __________________________________ 46
RONETTA TAYLOR, MMC, CITY CLERK 47
48
49 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 50 51
52
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 53
54 Moved by: __________________ 55 56
VOTE: _________ 57
58
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 60 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61
Councilman David Williams Jr ____ (Yes) ____ (No) 62
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63
Councilman Rodney Harris ____ (Yes) ____ (No) 64 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65
66
67
70 of 202
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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:
Donation to
Commission for
Women
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: City Manager Office of the City Manager
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING THE MIAMI GARDENS’ COMMISSION FOR WOMEN GIRLS AND WOMEN’S EMPOWERMENT SUMMIT EVENT; AUTHORIZING AN EXPENDITURE OF THREE HUNDRED FIFTY DOLLARS ($350.00) FOR THIS
PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The Commission for Women Advisory Committee (CFW) was established by the City Council on March
12, 2008. The Committee provides reports and recommendations to the City Council and to the City
Manager, in respect to all matters pertaining to the status of all women in Miami Gardens, including but
not limited to: the fair and equal treatment of women, the public and private employment of women,
the working and living conditions of women, the delivery of public and private service to women, the
Item K-8) Consent Agenda
Resolution
MGCW Girls & Women Summit
71 of 202
18605 NW 27th Avenue
Miami Gardens, Florida 33056
education and training of women and public recommendation of women.
In keeping with those responsibilities the Commission for Women will present the Girl’s and Women’s
Empowerment Summit on February 20, 2016 to Council for approval.
Fiscal Impact
The Commission for Women’s donation monies remaining from the FY2014-2015 will be applied toward
expenditures for the Girl’s and Women’s Empowerment Summit event, not to exceed $350. The
Commission for Women will deploy fundraising efforts to offset the additional costs associated with the
event.
Proposed Action:
City Council adopts the resolution approving the Miami Gardens Commission for Women Girls and
Women’s Empowerment Summit event and funding in the amount of $350.
Attachment:
Attachment A: Project Proposal Worksheet
72 of 202
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, APPROVING THE MIAMI 4 GARDENS’ COMMISSION FOR WOMEN GIRLS AND WOMEN’S 5
EMPOWERMENT SUMMIT EVENT; AUTHORIZING AN 6
EXPENDITURE OF THREE HUNDRED FIFTY DOLLARS 7
($350.00) FOR THIS PURPOSE; PROVIDING FOR THE 8 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 9 EFFECTIVE DATE. 10
11
WHEREAS, the Commission for Women Advisory Committee (CFW) was 12
established by City Council on March 12, 2008, and 13
WHEREAS, the Committee makes reports and recommendations to the City 14
Council and to the City Manager, in respect to all matters pertaining to the status of all 15
women in Miami Gardens, including but not limited to the fair and equal treatment of 16
women, the public and private employment of women, the working and living conditions 17
of women, the delivery of public and private service to women, the education and 18
training of women and public recommendation of women, and 19
WHEREAS, in keeping with those responsibilities the Commission for Women 20
present the Girl’s and Women’s Empowerment Summit on February 20, 2016 to Council 21
for approval, and 22
WHEREAS, the Commission for Women donations remaining from the Fiscal 23
Year 2014-2015 will be applied toward the expenditures for the Girls and Women’s 24
Empowerment Summit event, not to exceed Three Hundred Fifty Dollars ($350.00), and 25
WHEREAS, the Commission for Women will also deploy fundraising efforts to 26
offset the additional costs associated with the event, 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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2
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 approves the Miami Gardens’ Commission for Women Girls and Women’s 34
Empowerment Summit Event and further authorizes an expenditure of Three Hundred 35
Fifty Dollars ($350.00) for this purpose. 36
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 37
upon its final passage. 38
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 40
41
___________________________________ 42
OLIVER GILBERT, III, MAYOR 43
44
45 46 ATTEST: 47
48
49
__________________________________ 50 RONETTA TAYLOR, MMC, CITY CLERK 51 52
53
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 54
55 56 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 57
58
Moved by: __________________ 59
60 VOTE: _________ 61 62
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 63
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 64
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65
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3
Councilman David Williams Jr ____ (Yes) ____ (No) 66
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 67
Councilman Rodney Harris ____ (Yes) ____ (No) 68 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 69
70 71
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Miami Gardens Commission For Women Advisory Committee Project Proposal Worksheet
Project Working Name: Girls and Women Empowerment Summit
Project Initiated By: Linda Mobley
Target Audience: Women and Young Adults (high school and college students)
Estimated Number of Attendees: 300
Proposed Date/Time: February 20, 2016 (9:00am-2:00PM)
Proposed Location: Florida Memorial University
Estimated Budget: $350.00
Potential Sponsors: Florida Memorial University, Women Answering the Call, Barbara Jordan, V.J. Publishing House, Publix, Walmart, Sam’s
Club, Wells Fargo, Office Depot, Target, Winn Dixie, Golden Crust, Sister’s Network, Target, Costco Wholesale Club.
Rationale
Background on the project: Raising awareness about who you are emotional and spiritually.
Walking in authority to control your life in a positive way, knowing what directions to take can
improve your stress management level to better health, motivation, discipline, career employment
and better communication with your peers and family.
Objectives
The objectives are to provide; Fundamental
knowledge about how to face everyday life situations, whether it might be health wise, financial, spouse
abandonment, employment, low self esteem, peer pressure, single parenting, harassment, equal
opportunity and homeless. Our goal is to accomplish results instead of consequences. To enrich the lives
of children and women.
Yes No
Comments:
Has the project objective been defined and is it clear?
Organization
Yes No Comments
Elect committee chair. Linda Mobley
Committee members. Entire Membership of MGCW
Project Coordination
Yes No Comments
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Miami Gardens Commission for Women Form 1 – September 2008 - cyng 2
Conflicting community events. Always coordinate
with staff liaison regarding city calendar.
Has a location been secured?
Moderator
Invitees?
Panel Leaders?
Materials? – Folders, brochures, t-shirts, pens,
pads, etc
Sponsors needed?
Publicity?
Refreshments?
Budget?
CMGCFW APPROVED/DISAPPROVED on _______________ (DATE)
Miami Gardens City Council APPROVED/DISAPPROVED
Notified by: ___________________________________ on _______________
Miami Gardens Commission For Women Advisory Committee
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Miami Gardens Commission for Women Form 1 – September 2008 - cyng 3
Task specific checklist
ID Action Item Assigned To Due By Status
Secure City Council Approval Depends on date of
event
Secure location At time of
presentation to Council
Extend invitations Three weeks prior
to date of event
Secure Moderator Three
weeks prior to event
Thank you Letter Four weeks prior to
event
Certificates Four weeks prior to
event
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 Item Type: (Enter X in box) Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X
Funding Source: Advertising Requirement: 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 THE FINAL PLAT FOR THE “ISAIAH S. WILLIAMS, JR. DEVELOPMENT CENTER”, SUBMITTED BY THE JPM CENTRE AT MIAMI GARDENS DRIVE, INC., FOR THE PROPERTY GENERALLY LOCATED EAST
OF NW 42ND AVENUE AND NW 183RD STREET, MORE PARTICULARLY
DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Item K-9) Consent Agenda
Resolution
"Isaiah S. Williams, Jr. Development Center"
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
The Isaiah S. Williams, Jr. Development Center, the applicant has obtained a Tentative Plat approval
from Miami Dade County to plat 11.81 acres of land located at 3931 NW 183rd Street and 4055 NW 183rd
Street Parcels A and B. The subject property totals 11.81 acres (Parcels A and B) encompassing the
western property that is primarily utilized as a place of religious assembly, currently developed.
The eastern property is under development. Three existing residential apartment buildings along the
easterly portion of the site are to be occupied by at-risk female youth, at-risk male youth and elderly
persons, respectively.
In compliance with Article VII-Plats, Subdivisions, Excavations, Address Assignment, Section 34-209, of
the City of Miami Gardens Land Development Code; requires Final Plat approval be granted by the City
prior to recordation by Miami-Dade County.
Current Situation
The Final Plat for “The JPM Centre at Miami Gardens Drive, Inc.” has been reviewed by Rafael R.
Cabrera, P.S.M., Cabrera Consulting Services, Inc., (Surveyor) through E. L. Waters and Company, LLC,
Planning and Zoning Consultants for the City and has been determined to be in compliance with Section
177.081(1), Florida Statues, and Chapter 28, Subdivisions of the Miami-Dade County Code. Also, the
Final Plat has been reviewed by E.L. Waters and Company, LLC, the City’s Planning and Zoning
Consultants for compliance with the City’s Land Development Regulations.
After approval by the City Council is granted, the Final Plat shall be reviewed and approved by Miami-
Dade County Plat Committee and subsequently recorded in the Official Records of Miami-Dade County.
The Final Plat approval and subsequent recordation of the Final Plat by Miami-Dade County will
authorize the City to issue a final Certificate of Occupancy for the proposed JPM Centre at Miami
Gardens Drive, Inc.
Proposed Action:
It is recommended that the City Council approve the proposed Resolution to approve the Final Plat for The JPM
Centre at Miami Gardens Drive, Inc.
Attachments:
Attachment”A”- -Legal Description
Attachment “B”- Final Plat of the “Isaiah S. Williams, Jr. Development Center”
Attachment “C”- Letter of Compliance from Surveyor
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, APPROVING THE FINAL PLAT 4 FOR THE “ISAIAH S. WILLIAMS, JR. DEVELOPMENT CENTER”, 5
SUBMITTED BY THE JPM CENTRE AT MIAMI GARDENS DRIVE, 6
INC., FOR THE PROPERTY GENERALLY LOCATED EAST OF 7
NW 42ND AVENUE AND NW 183RD STREET, MORE 8 PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED 9 HERETO; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, the Applicant, JPM Centre at Miami Gardens Drive, Inc., seeks 13
approval of the Final Plat for the “Isaiah S. Williams, Jr. Development Center”, and 14
WHEREAS, the Applicant is proposing to develop three residential apartment 15
buildings for occupancy by at-risk female youth, at-risk male youth and elderly persons, 16
respectively, and 17
WHEREAS, the Final Plat has been reviewed by the City’s surveyor, and is in 18
compliance with Section 177.081(1) of the Florida Statutes and Chapter 28 of the 19
Miami-Dade County Code of Ordinances, and 20
WHEREAS, the City’s Planning and Zoning Department has reviewed the Final 21
Plat and finds that it is in compliance with Section 34-209 of the City’s Land 22
Development Code, 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27
made a specific part of this Resolution. 28
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29
hereby approves the Final Plat for the “Isaiah S. Williams, Jr. Development Center”, 30
submitted by JPM Centre at Miami Gardens Drive, Inc., for the property generally 31
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2
located East of NW 42nd Avenue and NW 183rd Street, more particularly described on 32
Exhibit “A” 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 ____________, 2016. 37
38
___________________________________ 39
OLIVER GILBERT, III, MAYOR 40
41
42 ATTEST: 43 44
45
__________________________________ 46
RONETTA TAYLOR, MMC, CITY CLERK 47 48 49
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 50
51
52 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 53 54
Moved by: __________________ 55
56
VOTE: _________ 57 58 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 60
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61
Councilman David Williams Jr ____ (Yes) ____ (No) 62 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63 Councilman Rodney Harris ____ (Yes) ____ (No) 64
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65
66
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2
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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: Office of the City Manager
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN AGREEMENT WITH OUTFRONT MEDIA FOR THE RELOCATION OF BILLBOARD SIGNS, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City of Miami Gardens Code of Ordinances, Chapter 74, entitled “Signs” (the “Sign Code”), regulates
the use and operation of signs throughout the City and currently prohibits billboard signs. However,
Outfront Media currently owns and operates throughout the City several billboard signs erected prior
to the enactment of the Sign Code.
Item K-10) Consent Agenda
Resolution
Outfront Media
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
Now, Outfront Media would like to relocate their legally existing, non-conforming billboard signs
located within the City. The City has determined relocating these signs along the expressways and
requiring Outfront Media to provide modern type billboard signs serves a public purpose by reducing
the number of billboard signs located within the interior of the City.
Florida Statutes Section 70.20 (2002), authorizes municipalities to enter into “relocation and
reconstruction agreements” allowing governmental entities to undertake public goals without the
expenditure of public funds while allowing the continued maintenance of private investment and
signage as a medium of commercial and non-commercial communication and authorizes such
“relocation and reconstruction” of billboards by agreement, ordinance, or resolution. In accordance
with this section, the City and Outfront Media would like to enter into a relocation and reconstruction
agreement to relocate and/or reconstruct the billboard signs identified in the attached agreement with
static and digital (LED) billboard faces and to place them along the expressways and away from the
interior of the City.
Proposed Action:
It is recommended the City Council agree to allow Outfront Media to relocate the billboard signs
referenced in the attached agreement
Attachment:
Attachment A – Relocation and Reconstruction Agreement with Outfront Media.
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, 5
RESPECTIVELY THAT CERTAIN AGREEMENT WITH 6
OUTFRONT MEDIA FOR THE RELOCATION OF BILLBOARD 7
SIGNS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT 8 “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 9 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10
PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, Chapter 74 of the City’s Code of Ordinances regulates the use and 13
operation of signs and prohibits billboards, and 14
WHEREAS, Outfront Media erected billboard signs in the City prior to the 15
adoption of the City’s sign code, and 16
WHEREAS, Outfront Media desires to relocate its exisiting billboard signs, and 17
WHEREAS, Section 70.20 of the Florida Statutes, authorizes municipalities to 18
enter into agreements for the relocation and reconstruction of existing billboards, and 19
WHEREAS, City staff recommends that the City Council authorize the City 20
Manager to execute a Relocation Agreement with Outfront Media to relocate the 21
existing billboards along the expressways and away from the interior of the City, 22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26
made a specific part of this Resolution. 27
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28
hereby authorizes the City Manager and the City Clerk to execute and attest, 29
respectively that certain Agreement with Outfront Media for the relocation of billboard 30
signs, a copy of which is attached hereto as Exhibit “A”. 31
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Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 32
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 33
be maintained by the City, and one to be delivered to Outfront Media. 34
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 35
upon its final passage. 36
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 38
39
___________________________________ 40
OLIVER GILBERT, III, MAYOR 41 42 43
44
ATTEST: 45
46 47 __________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
51 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 52 53
54
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 55
56 Moved by: __________________ 57 58
VOTE: _________ 59
60
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 62 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63
Councilman David Williams Jr ____ (Yes) ____ (No) 64
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 65
Councilman Rodney Harris ____ (Yes) ____ (No) 66 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67
68
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\825908\30 - # 3815908 v6
BILLBOARD RELOCATION AND RECONSTRUCTION AGREEMENT
THIS RELOCATION AND RECONSTRUCTION AGREEMENT (the "Agreement") is made
as of the ______day of __________ 2016, by and between the City of Miami Gardens (the "City"), a
municipal corporation organized and existing under the laws of the State of Florida, and Outfront Media
LLC ("Outfront"), a Delaware corporation registered and authorized to do business in Florida.
WITNESSETH:
WHEREAS, Section 70.20, Florida Statutes, expressly authorizes and encourages agreements of
this type by empowering municipalities and owners of billboard signs to enter into relocation and
reconstruction agreements, on mutually agreeable terms, that allow the municipality to accomplish its
public goals while allowing the continued maintenance of private investment in outdoor advertising signs
as a medium of commercial and non-commercial communication; and
WHEREAS, Outfront is engaged in the business of constructing, operating and maintaining
billboard signs in Miami-Dade County, Florida and, in particular, within the City; and
WHEREAS, Outfront is the owner of several outdoor advertising signs located within the City,
including, but not limited to, two lawfully erected, non-conforming sign structures (collectively, the
“Existing Signs”) located on a vacant parcel of land (Folio No. 34-2114-000-0220) adjacent to the
Eastbound lanes of the Palmetto Expressway (the “Existing Sign Parcel”), as more particularly described in
Exhibit A to this Agreement; and
WHEREAS, the Existing Signs may not meet current wind-load and other relevant engineering
requirements of the City’s land development code (the “LDC”), or other current statutory requirements;
and
WHEREAS, the City desires to encourage outdoor advertising companies to voluntarily reduce or
eliminate outdoor advertising structures within the City that do not comply with current safety,
engineering and wind-load requirements; and
WHEREAS, Outfront proposes to remove the Existing Signs and construct a double-face
replacement sign (the "Replacement Sign") on one of the properties identified in Paragraph 3(A) below;
and
WHEREAS, the Replacement Sign will meet all current safety, engineering and wind-load
requirements of the LDC and applicable State sign regulations; and
WHEREAS, the City desires to allow Outfront to remove the Existing Signs and reconstruct the
Replacement Sign pursuant to §70.20, Florida Statutes, and this Agreement; and
WHEREAS, the City and Outfront desire to enter into this Agreement, establishing the terms and
conditions under which Outfront will be permitted to remove the Existing Signs, and to construct and
maintain the Replacement Sign; and
NOW THEREFORE, for and in consideration of the above recitals and the mutual exchange of
the covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the City and
Outfront do hereby agree as follows:
1. Recitals. The foregoing recitals express the intent of the parties and are incorporated
herein as contractual terms, and not merely recitals.
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\825908\30 - # 3815908 v6
2. Waiver of Compensation. Outfront expressly waives any right to receive from the City
just compensation for removal pursuant to this Agreement of the billboard sign faces and supporting
structures associated with the Existing Signs whether such claim for just compensation is predicated on
Florida Statutes, the Florida Constitution or the United States Constitution.
3. The New Sign.
A. Location. The Existing Signs will be completely removed and the Replacement
Sign constructed as one double-face sign, located on one of the following two properties: (i) 16700 NW
17th Avenue, Miami Gardens, Florida (Folio No. 34-2110-001-4060) (the “17th Avenue Site”); and (ii)
16600 NW 25th Avenue, Miami Gardens, Florida (Folio No. 34-2115-002-0010) (the “25th Avenue Site”)
(the “New Sign Location”), each as depicted in the site plans for the respective properties attached hereto
as Composite Exhibit B. Selection of the 17th Avenue Site or the 25th Avenue Site for construction of the
Replacement Sign shall be in the sole discretion of Outfront. The Replacement Sign shall be constructed
in accordance with the Operational Requirements for Digital Billboards outlined in Exhibit C to this
Agreement.
B. Permits and Construction. Outfront shall be responsible for obtaining and paying
for all required building permits and approvals to remove the Existing Signs and to erect and maintain the
Replacement Sign, including any necessary permits or approvals from the Florida Department of
Transportation ("FDOT"), or any other State or local agency or department. The City shall issue all
necessary permits for removal of the Existing Signs and erection of the Replacement Sign within thirty
(30) days after submission of a complete permit application(s) by Outfront, including any necessary
engineering and construction plans or specifications demonstrating compliance with all applicable
building and electrical codes. The City shall cooperate with and assist Outfront in obtaining any necessary
permits and/or approvals from the FDOT (or any other State or local agency or department) for the
removal of the Existing Signs and/or the erection and maintenance of the Replacement Sign by, among
other things, timely executing such forms, applications or other documents as may be required for
Outfront to obtain all such permits or approvals.
C. Description. The City and Outfront agree that the size, type, height and location
of the Replacement Sign shall be measured pursuant to, and shall comply with the applicable provisions
of, Chapter 479, Florida Statutes, the related Florida Administrative Code provisions and any other
applicable FDOT regulations (collectively, the “State Sign Regulations”). Without limiting the generality
of the foregoing, Outfront shall have the right to utilize LED facing or any other type of automatic
changeable facing permitted by the State Sign Regulations, as they may be amended from time to time.
D. Repair and Maintenance. Upon completion, and provided it complies with
the applicable provisions of the State Sign Regulations, the Replacement Sign shall be deemed a
conforming sign in all respects under the City's current LDC for the purpose of future maintenance, repair
and replacement.
4. Sign Removal. Contemporaneously with the submission of Outfront's permit application
to the City for construction of the Replacement Sign, Outfront shall also apply for demolition permits for
the Existing Signs, which permits the City shall issue after submission of complete permit applications for
same. Outfront shall demolish the Existing Signs, remove all sign debris, and dispose of same in
accordance with applicable regulations of the City's LDC, prior to or contemporaneous with erection of
the Replacement Sign.
Outfront shall have no obligation to demolish or remove the Existing Signs unless and until it has
obtained all necessary permits and approvals from the City and FDOT for construction and maintenance
of the Replacement Sign. In the event that Outfront is unable to obtain all necessary permits and approvals
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for the construction and maintenance of the Replacement Sign, Outfront shall be relieved of any
obligation under this Agreement to remove the Existing Signs, and shall have the right to terminate this
Agreement upon thirty (30) days written notice to the City.
5. Payments. In order to offset the expense to the City of negotiating, adopting and
implementing this Agreement, and in consideration for the opportunity for Outfront to relocate and
reconstruct the Existing Signs, Outfront agrees to pay the City as follows:
(i) All required and customary City building permit fees; and
(ii) A one-time payment in the amount of Twenty-Five Thousand and 00/100 Dollars
($25,000.00), payable within thirty (30) days after issuance of all required permits for the
Replacement Sign (the “Site Approval Fee”); and
(iii) Annual payments in the amount of Fifteen Thousand and 00/100 Dollars ($15,000.00) for
each face of the Replacement Sign (the “Annual Fee”), so long as each such sign face remains
installed and operational. The first such annual payment(s) shall be paid within thirty (30) days
after the issuance of all required permits for the Replacement Sign. Thereafter, Outfront shall pay
the City $15,000.00 annually per sign face on or before the anniversary of the first such payment.
(iv) In the event that, in Outfront’s sole opinion, any of the following occurs with respect to
the Replacement Sign (or either face thereof) or the New Sign Location: (a) Outfront is unable to
secure or maintain any required permit or license from any appropriate governmental authority;
(b) any federal, state or local statute, ordinance regulation or other governmental action precludes
or materially limits use of the New Sign Location for outdoor advertising purposes; (c) the
Replacement Sign (or either face thereof) becomes entirely or partially obstructed or destroyed;
(d) the view of the Replacement Sign (or either face thereof) is obstructed or impaired in any way
by any object or growth on the New Sign Location or on any neighboring property; (e) there
occurs a diversion of traffic from, or a change in the direction of, traffic past the Replacement
Sign; (f) Outfront is prevented from maintaining electrical power to the New Sign Location or
illuminating the Replacement Sign (or either face thereof); (g) Outfront finds that, in Outfront’s
sole opinion, the continued maintenance/operation of the Replacement Sign (or either face
thereof) is impractical or uneconomical due to engineering, architectural, construction or
maintenance circumstances which will require structural improvements to the Replacement Sign
or New Sign Location; (h) maintenance will be hampered or made unsafe due to conditions
caused by nearby properties, land uses, or utilities, then in Outfront’s sole and absolute discretion,
Outfront shall have the right to relocate the Replacement Sign to, and reconstruct the Replacement
Sign on, another location along an expressway within the City (“Alternate Sign Location”), which
location shall be acceptable to and approved by the City, which approval shall not be
unreasonably withheld or delayed. If an Alternate Location cannot be mutually agreed to between
the City and Outfront, then Outfront shall be entitled to remove that Replacement Sign (or either
face thereof) at Outfront’s sole option and this Agreement shall be deemed terminated. However,
so long as the Replacement Sign is erected, Outfront shall still be responsible for payment of the
Annual Fee(s) as set forth in this Paragraph 5 above as to such face(s) that remains, if any.
Except as expressly provided in this Agreement, Outfront shall not have any additional or further
obligation for payment of any fees, costs or expenses to the City for the right to erect, operate
and/or maintain the Replacement Sign.
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6. Community Project Contribution:
Outfront shall make annual payments in the amount of Five Thousand and 00/100 Dollars
($5,000.00) for each face of the Replacement Sign (for a total of $10,000.00 annually), for the use and/or
benefit of a City-selected charity or community program, as designated by the City from time to time (the
“Charitable Contribution”). The Charitable Contribution shall be paid by Outfront to the City within
thirty (30) days after issuance of all necessary permits. Outfront does not expect and shall not be
entitled to any public recognition or credit for the Charitable Contribution, and the City is free
to allocate or donate the Charitable Contribution in its own name. The Charitable Contribution
shall be paid for each face of the Replacement Sign for so long as each such sign face shall
remain installed and operational.
7. Non-Monetary Consideration: In addition to the financial payments set forth in
Paragraph 4 above, Outfront further agrees as follows:
(a) Outfront will make the Replacement Sign available (by adding an additional flip) for the
dissemination of public service information as follows: (a) during times of declared weather
emergencies affecting the City, Outfront will make one flip on each face of the Replacement Sign
available for the sole and limited purpose of communicating emergency information to the City’s
citizens and the travelling public, in accordance with the terms and conditions of the emergency
alert notification program (the “Emergency Notification Program”) adopted by the Florida
Outdoor Advertising Association (the “FOAA”) and the applicable governmental
agency/agencies; and (b) Outfront will make one flip on each face of the Replacement Sign
available for the display of “amber alerts” issued by the Florida Department of Law Enforcement
(“FDLE”), or such other law enforcement agency that may from time to time be responsible for
issuance of same, when it is determined, pursuant to guidelines and procedures already in place
between the FDLE (or such other agency/agencies) and the outdoor advertising industry to
identify appropriate situations, duration and sign locations, that display of the “amber alert” on the
Replacement Sign would provide information to the travelling public that could be instrumental in
assisting authorities in resolving an abduction; (c) Outfront will make one flip on each face of the
Replacement Sign available for City-sponsored event announcements and non-commercial public
service announcements. The City shall be responsible, at its sole cost, for providing Outfront with
approved public service announcement copy, which may be updated by the City at any time, and
which shall be in such format as designated by Outfront from time to time. The City shall be
responsible for providing Outfront with such copy at least thirty (30) days prior to the date of
requested publication; and
(b) Locally operated City businesses will be given a ten percent (10%) discount off standard
rates for advertising time purchased on the Replacement Sign.
8. Indemnity. This Agreement contemplates the removal of existing billboard signs in
exchange for Outfront’s right to erect, install, operate and maintain a new billboard sign in accordance
with the terms and conditions set forth in this Agreement. It is recognized and understood that Outfront
may have lease agreements with a property owner or property owners relating to the Existing Signs that
Outfront is voluntarily obligating itself to remove under the terms of this Agreement. The City is
unaware of nature, terms or extent of Outfront’s termination rights under those lease agreements.
Consequently, Outfront agrees to indemnify the City from any lawsuit, and shall defend with counsel
selected by Outfront and approved by the City (which approval shall not be unreasonably withheld), and
hold the City, its officers and employees harmless against any claim asserted by an affected property
owner arising from the removal of the Existing Signs (or either of them) after the date of, and pursuant
to, this Agreement.
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Additionally, in the event of litigation or an administrative proceeding concerning the validity
or enforceability of this Agreement brought by any third party, Outfront shall indemnify and hold the
City, its officers and employees harmless from any such litigation or administrative proceeding and
shall defend with counsel selected by Outfront and approved by the City, which approval shall not be
unreasonably withheld. In the event a third party brings any challenge either to this Agreement as a
whole or to any application for permits or approvals under this Agreement, the City shall promptly
notify Outfront of such challenge; but in any event the City shall notify Outfront no later than 10
business days after the date the City first learns of any such challenge. The City shall not voluntarily
join or assist such third party challenge in any fashion, nor shall the City take any position adverse to
Outfront, the validity of this Agreement (or any portion thereof) or any rights of Outfront hereunder.
The City will cooperate and reasonably assist Outfront in opposing any such third party challenge. In
the event any of Outfront’s rights under this Agreement are impaired by virtue or as a result of any such
third party challenge, Outfront shall have the right, in its sole discretion, to remove the Replacement
Sign (or either face thereof) in resolution of such challenge, in which event Outfront shall be relieved of
any future payment obligations to the City under this Agreement with respect to the Replacement Sign
or sign face removed. Outfront shall not have the right to erect any additional billboards, and the City
shall not have any further obligations to Outfront under this Agreement with respect to any sign or sign
face removed pursuant to this paragraph. In the event the City opposes removal by Outfront of the
Replacement Sign (or one face of the Replacement Sign) pursuant to this paragraph, the City may elect
to pay all costs of defense of such third party challenge with the cooperation of Outfront, but at no cost
or expense to Outfront. In such event the City shall indemnify and hold Outfront, its officers and
employees harmless from any claims, costs, fees, expenses or judgments relating to or arising out of
such third party challenge.
9. Complete Understanding. This Agreement, and all the terms and provisions contained
herein, including without limitation the Exhibits hereto (if any), constitute the full and complete
agreement between the parties hereto with respect to the matters covered herein to the date hereof, and
supersedes and controls over any and all prior agreements, understanding, representations,
correspondence and statements whether written, oral or implied, which are deemed to be merged into
this Agreement.
10. Amendment. The parties may amend this Agreement only by a written instrument signed
by each of the parties. There cannot be any waiver, variation, modification, amendment or change to the
terms of this Agreement except as may be made in writing and executed by each party hereto. If any party
fails to enforce its respective rights under this Agreement, or fails to insist upon the performance of
another party's obligations hereunder, such failure shall not be construed as a permanent waiver of any
rights or obligations in this Agreement.
11. Notices. All notices, demands, requests for approvals or other communications required
or authorized to be given by either party to another shall be in writing and shall be hand-delivered or sent
by registered or certified mail, postage prepaid, return receipt requested, or by a recognized overnight
courier service to each party indicated below, addressed as follows:
If to City:
City of Miami Gardens
Attn.: Mayor
18605 NW 27th Avenue
Miami Gardens, Florida 33056
With copies to:
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City Attorney
City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, Florida 33034
If to Outfront:
Outfront Media LLC
Attn: Jon R. Campbell, VP of Real Estate SE
2699 Lee Road, Suite 230
Winter Park, Florida 32789
and
Outfront Media LLC
Attn: David Posy, Esq.
General Counsel
405 Lexington Avenue
New York, NY 10147
With copies to:
William G. McCormick, Esq.
Gray Robinson, P.A.
401 E. Las Olas Boulevard
Suite 1000
Ft. Lauderdale, Florida 33301
Notices given by courier service or by hand delivery shall be effective upon delivery and notices
given by mail shall be effective on the fifth (5) business day after mailing. Refusal by any person to accept
delivery of any notice delivered at the address indicated above (or as it may be changed) shall be deemed
to have been an effective delivery as provided in this Section as of the date/time of such refusal. The
addresses to which notices are to be sent may be changed from time to time by written notice delivered to
the other parties in accordance herewith, and such notices shall be effective upon receipt. Until notice of
change of address is received as to any particular party hereto, all other parties may rely upon the last
address given.
12. Default. In the event any party is in default of any provision hereof, the non-defaulting
party, as a condition precedent to the exercise of its remedies, shall be required to give the defaulting party
or parties written notice of same pursuant to this Agreement. The defaulting party or parties shall have
fifteen (15) business days from the receipt of such notice to cure the default or, if the default cannot be
cured within fifteen (15) business days, to commence and diligently pursue a cure. If the defaulting party
or parties timely cure the default, the default shall be deemed waived and this Agreement shall continue in
full force and effect. If the defaulting party or parties do not timely cure such default, the non-defaulting
party or parties shall be entitled to pursue its/their remedies available at law or equity.
13. Severability. The parties covenant and agree that they will not initiate, pursue, assist,
participate in (except to oppose or defend against) or in any way aid or support any action or proceeding
of any type or nature challenging the constitutionality, legality or enforceability of this Agreement, or
having the effect of rendering this Agreement void or unenforceable, or that would negatively impact the
validity or enforceability of this Agreement in any way. The foregoing shall not prevent any party from
initiating or pursuing legal action based on the other party's default hereunder. If any term or provision of
this Agreement or the application thereof to any person or circumstance is declared invalid or
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unenforceable as a result of any third party challenge, the remainder of this Agreement, including any
valid portion of the invalid term or provision stricken or held invalid, shall not be affected thereby and
shall, with the remainder of this Agreement, continue unmodified and in full force and effect. In the event
that any portion of this Agreement shall be held invalid and/or unenforceable, resulting in the forced
removal of the Replacement Sign, the parties shall be released from any further obligations hereunder and
shall be returned to their respective positions as they existed just prior to the execution of this Agreement.
14. Controlling Law and Venue. This Agreement shall be construed under the laws of the
State of Florida. Venue for any proceeding arising under this agreement shall be in the Eleventh Judicial
Circuit in and for Miami-Dade County, Florida as to state court actions, and in the United States District
Court for the Southern District of Florida as to federal court actions, to the exclusion of any other venue.
15. Authority to Execute and Bind. Each party represents and warrants that all requisite
actions have been taken to authorize execution of this Agreement by the person signing on behalf of that
party, and thereby bind that party to the terms and conditions of this Agreement.
16. Non-Waiver. The failure of any party to promptly or continually insist upon strict
performance of any term, covenant, condition or provision of this Agreement, or any Exhibit hereto, or
any other agreement, instrument or document of whatever form or nature contemplated hereby by any
other party or parties, shall not be deemed a waiver of any right or remedy that said party may have as a
result thereof, and shall not be deemed a waiver of a subsequent default or nonperformance of such term,
covenant, condition or provision.
17. Successors and Assigns. The burdens of this Agreement shall be binding upon, and the
benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement.
Outfront shall not assign this Agreement, or any part thereof, to any third party without the prior written
approval of the City, which approval shall not be unreasonably withheld or delayed. Notwithstanding the
foregoing, Outfront may freely assign, without prior City approval, this Agreement, or any rights of
Outfront hereunder, to an entity that controls, is controlled by or under common control with Outfront, or
to a party who purchases title to the subject Replacement Signs, or either of them. In the event of any
such assignment, the assignee(s) shall execute an agreement to be bound by the terms and conditions of
this Agreement. Nothing contained herein shall preclude Outfront from collaterally assigning its interests
under this Agreement to an established financial institution as, and part of, a bona fide loan transaction.
18. Continuing Cooperation. The parties covenant and agree that they will execute such
further documents and take such further actions as may be reasonably necessary to effectuate and
implement the provisions and intent of this Agreement.
19. Construction. The provisions of this Agreement shall not be construed in favor of or
against any particular party as each party has reviewed the terms and conditions hereof and, by execution
of this Agreement, acknowledges that said party has carefully considered the legal ramifications of this
instrument, has consulted with legal counsel or has knowingly and willingly chosen not to do so. This
Agreement has been negotiated by the City and Outfront, and this Agreement, including, without
limitation, the Exhibits (if any), shall not be deemed to have been prepared by any one party but, rather,
by all equally.
20. No Third Party Beneficiaries. It is expressly agreed and understood that there are no third
parties intended to be benefited by this Agreement or any of the terms, provisions, rights or benefits
conferred herein, and no private right of action is intended to be created by this Agreement in any third
party.
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21. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original but all of which shall constitute a single instrument.
22. Term. It is the intent of the parties hereto that the term of this Agreement be perpetual,
subject only to the termination rights expressly set forth herein. Upon the effective date of any termination
of this Agreement, the Replacement Sign shall be removed and the parties shall be relieved of any further
obligations under this Agreement..
23. Present and Future Billboard Regulations. Outfront shall comply with and be bound by
all State and federal regulations governing the construction, operation and maintenance of the
Replacement Sign. Outfront shall similarly comply with and be bound by all applicable City sign
regulations regarding Billboard Signs, to the extent that said sign regulations are not contrary to the
provisions of this Agreement and do not materially impair Outfront’s rights hereunder. Should the City
amend its LDC or other applicable sign code provisions to permit the erection and maintenance of LED or
other automatic changeable message facing billboards on terms more favorable (in Outfront’s sole
opinion) than those set forth herein, Outfront shall have the right to terminate this Agreement upon thirty
(30) days written notice and elect to instead be governed by and comply with the terms of the amended
LDC. The City acknowledges and agrees that the Existing Signs listed on Exhibit “A” are legally
nonconforming billboards under the City Code (the “Legal Nonconforming Billboards”).
- SIGNATURES APPEAR ON FOLLOW PAGES –
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IN WITNESS WHEREOF, the City and Outfront have executed or caused their duly authorized
representatives to execute this Agreement.
CITY OF MIAMI GARDENS
By:______________________________
Mayor
Dated: ______________________ , 2016
Attest: Approved as to legal form:
City Clerk City Attorney
Dated: ____________________ , 2016 Dated: ____________________ , 2016
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this _____ day of _________________ ,
2016, by ______________________ , as ____________________ of THE CITY OF MIAMI GARDENS,
on behalf of the City. He/She [ ] is personally known to me, or [ ] produced ______________________ as
identification.
NOTARY PUBLIC, State of Florida
Printed Name of Notary
My commission expires:
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Signed, sealed and delivered
in our presence as witnesses: OUTFRONT MEDIA LLC
By: Signature
Its: Print Name (Title)
Signature Dated:
Print Name
STATE OF ______________ )
) SS:
COUNTY OF ___________ )
The foregoing instrument was acknowledged before me this _____ day of __________________ ,
2016, by _____________________ , as _____________________ of OUTDOOR MEDIA LLC, on behalf
of the company. He/She [ ] is personally known to me, or [ ] produced _________________________ as
identification.
NOTARY PUBLIC, State of
Printed Name of Notary
My commission expires:
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 Item Type: (Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
Public Hearing:
(Enter X in box)
Yes No Yes No
X X
Funding Source:
General Fund- IT Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) N/A X
Sponsor Name Cameron Benson, City Manager Department: Information Technology Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE
A PURCHASE ORDER TO TYLER TECHNOLOGIES INC., FOR
MAINTENANCE SUPPORT AND LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE AMOUNT NINETY-ONE THOUSAND, SEVEN HUNDRED SIXTY SIX DOLLARS AND SIX CENTS ($91,766.06), FOR FISCAL YEAR 2016; WAIVING THE COMPETITIVE BIDDING
REQUIREMENTS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In November 2005, the City Council adopted a Resolution, which authorized the purchase of the Tyler
Technologies’ Enterprise Resource System (ERP) – EDEN. EDEN is the now the backbone by which the
Item K-11) Consent Agenda
Resolution
P.O./Tyler Technologies Inc.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
HR, Finance, Procurement, Building and Code Departments operate. The EDEN software package is
deeply ingrained in the business processed of almost every other City Department/Division’s operations.
The first five (5) years of maintenance and licenses were negotiated not to exceed 5% of the previous
year. The current cost for maintenance is an increase of less than 1% increase above last year’s cost. The
time has come for the City to renew annual maintenance support and licenses for the EDEN software
package. EDEN software is a propriety software system and therefore the only company that can service
and maintain the ERP system is Tyler EDEN.
For FY 2016, the annual cost for software maintenance is $91,766.06.
Fiscal Impact
$100,200 is budgeted in FY 2016 for this item. This will provide a savings of $8,434 in line item 493.
Proposed Action:
That the City Council approve the attached resolution authorizing the City Manager to issue a purchase
order to Tyler Technologies for the maintenance support and licenses of the EDEN software package in
an amount of $91,766.06.
Attachment:
Attachment A: Tyler Technologies Quote
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A PURCHASE ORDER TO TYLER 5
TECHNOLOGIES INC., FOR MAINTENANCE SUPPORT AND 6
LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE 7
AMOUNT NINETY-ONE THOUSAND, SEVEN HUNDRED SIXTY 8 SIX DOLLARS AND SIX CENTS ($91,766.06), FOR FISCAL YEAR 9 2016; WAIVING THE COMPETITIVE BIDDING REQUIREMENTS; 10
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 11
PROVIDING FOR AN EFFECTIVE DATE. 12
13 WHEREAS, on December 14, 2005, the City Council adopted Resolution 2005-14
169-346, which authorized the City Manager to execute an agreement for the purchase 15
of the EDEN software package, and 16
WHEREAS, Tyler Technologies is the sole source provider, as EDEN software is 17
propriety system, and 18
WHEREAS, it is necessary for the City to renew the annual maintenance support 19
and licenses for the use of EDEN software, and 20
WHEREAS, City staff is recommending that the City Council waive the 21
competitive bidding requirements because EDEN is a sole source for this purchase, and 22
WHEREAS, the cost for the software maintenance and licenses is Ninety-One 23
Thousand, Seven Hundred Sixty Six Dollars and Six Cents ($91,766.06), 24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 26
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 28
made a specific part of this Resolution. 29
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30
hereby authorizes the City Manager to issue a purchase order to Tyler Technologies 31
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2
Inc., for maintenance support and licenses for the EDEN software package in the 32
amount Ninety-One Thousand, Seven Hundred Sixty Six Dollars and Six Cents ($91, 33
766.06), for fiscal year 2016; and further authorizes a waiver of the competitive bidding 34
requirements. 35
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 36
upon its final passage. 37
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 38
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 39
40
___________________________________ 41 OLIVER GILBERT, III, MAYOR 42
43
44
45 ATTEST: 46 47
48
__________________________________ 49
RONETTA TAYLOR, MMC, CITY CLERK 50 51 52
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 53
54
55 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 56 57
Moved by: __________________ 58
59
VOTE: _________ 60 61 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 62
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 63
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 64
Councilman David Williams Jr ____ (Yes) ____ (No) 65 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 66 Councilman Rodney Harris ____ (Yes) ____ (No) 67
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 68
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name Erhabor Ighodaro, Council Member Department: Office of the Mayor & Council
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING SECTION 34-287 OF THE LAND
DEVELOPMENT REGULATIONS TO ADD SECTION 32 TO PERMIT AND
REGULATE MOBILE FOOD CARTS IN THE PCD DISTRICT AS
OUTLINED ON EXHIBIT “A”; 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:
Councilman Erhabor Ighodaro is recommending that the City amend the Land Development Regulations
to permit Mobile Food Carts in the PCD District as outlined in Exhibit “A” attached hereto. The purpose
Item M-1) Quasi-Judicial
Ordinance/ First Reading
Mobile Food Carts
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
of the amendment is to generate economic activity, promote free market enterprise and empower
Miami Gardens residents with employment and business opportunities.
In accordance wit the proposed amendment, mobile food carts will be permited to operate in the PCD
zoning district and they must have the authority of the property owner to locate on the premises. In
addition, they must meet all state and federal requirements. Moreover, mobile food cart operators will
be required to comply with certain safety requirements.
Proposed Action:
That the City Council adopt the attached Ordinance.
Attachment:
Exhibit “A” - Mobile Food Cart Regulations
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Page 1
ORDINANCE NO. 2016_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING SECTION 34-287 OF
THE LAND DEVELOPMENT REGULATIONS TO ADD SECTION
32 TO PERMIT AND REGULATE MOBILE FOOD CARTS IN THE
PCD DISTRICT AS OUTLINED ON EXHIBIT “A”; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Councilman Erhabor Ighodaro is recommending that the City 1
amend the Land Development Regulations to permit Mobile Food Carts in the PCD 2
District as outlined in Exhibit “A” attached hereto, and 3
WHEREAS, to generate economic activity, promote free market enterprise and 4
empower Miami Gardens residents with employment and business opportunities, and 5
WHEREAS, the City Council would like to amend the Land Development 6
Regulations to permit mobile food carts in the PCD district in accordance with the 7
regulations outlined in Exhibit “A” attached hereto, 8
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 10
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 11
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 12
made a specific part of this Ordinance. 13
Section 2. AMENDMENT: Section. 34-287 of the Land Development 14
Regulations are here by amended to add Section 32 to permit and regulate mobile food 15
carts in the PCD District as outlined on Exhibit “A.” 16
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Page 2
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith 1
are hereby repealed. 2
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, 3
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 4
any court of competent jurisdiction, such portion shall be deemed a separate, distinct 5
and independent provision and such holding shall not affect the validity of the 6
remaining portions of this Ordinance. 7
Section 5. INCLUSION IN CODE: It is the intention of the City Council of 8
the City of Miami Gardens that the provisions of this Ordinance shall become and be 9
made a part of the Code of Ordinances of the City of Miami Gardens and that the 10
section of this Ordinance may be renumbered or reentered and the word “Ordinance” 11
may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or 12
phrase, the use of which shall accomplish the intentions herein expressed. 13
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 14
immediately upon its final passage. 15
PASSED ON FIRST READING ON THE _____ DAY OF __________, 2016. 16
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2016. 17
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 18
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 19
______________, 2016. 20
21
________________________________ 22
OLIVER GILBERT, III, MAYOR 23
24
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Page 3
1
2
ATTEST: 3
4
5 _________________________________ 6
RONETTA TAYLOR, MMC, CITY CLERK 7
8
9
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 10 11
12
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO 13
14
15 Moved by: __________________ 16
Second by: _________________ 17
18
VOTE: _________ 19
20
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 21 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 22
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 23
Councilman David Williams Jr ____ (Yes) ____ (No) 24
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 25
Councilman Rodney Harris ____ (Yes) ____ (No) 26 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 27
28
29
30
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Page 4
Exhibit “A” 1
Sec. 34-287. - Use regulations, generally. 2
(i) Permitted use table. The following permitted use table, supplemented by the Master Use List and 3 Use Definitions set forth in appendix A in section 34-733, shall be used to determine the zoning 4
district in which a given use may be established. In the event of conflict between the use table in 5 this section and appendix A in section 34-733, the administrative official shall render an 6
interpretation as to which prevails. 7
LEGEND 8
"P" means the use is permitted in the corresponding zoning district. 9
"SE" means the use is subject to special exception approval requirements and procedures. 10
□ means the use is prohibited in the corresponding zoning district 11
Table 1: Permitted Uses
Zoning Districts/Uses R-
1
R-
2
R-15, R-
25, R-50 NC PCD
TCO
(§ 34-
474
OF I-
1
I-
2 PD AU GP
Residential Type Uses
Assisted Living Facility (ALF)* SE SE SE SE SE □ SE □ □ P □ □
Community residential facility up to 6
residents* P P P P P P □ □ □ P □ □
Community residential facility 7 to 14
residents * SE SE SE SE SE □ SE □ □ P □ □
Community residential facility greater
than 15 and more * SE SE SE SE SE □ SE □ □ P □ □
Day care center—adult □ □ □ P SE □ □ □ □ □ □ □
Dormitories, Fraternity or Sorority
house, on campus, off-campus □ □ □ □ □ □ □ □ □ P □ □
Family day care home, 5 children or less P P P P P P □ □ □ □ □ □
Farm worker housing □ □ □ □ □ □ □ □ □ □ SE □
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Page 5
Halfway house, treatment facility SE SE □ SE SE □ SE □ □ □ □ □
Home occupation office* P P P □ P P □ □ □ P P □
Hotels, Motels, Lodging* □ □ □ □ P P □ P P P □ □
Mobile Food Cart □ □ □ □ P □ □ □ □ □ □ □
Sec. 34-288. - Uses permitted with extra requirements.
The extra requirements of this section shall be deemed necessary in order for uses subject to such requirements to be considered appropriate and compatible within the applicable zoning districts where such extra requirements apply.
* * * * * * * * * * * *
(32) Mobile Food Carts.
(1). A mobile food cart is a cart that sells foods that requires limited preparation. Mobile food
carts shall not sell any prepackaged foods and shall not be used as a transporter used to transport packaged.
(2). Mobile food carts shall be permitted to operate in the (PCD) zoning district.
a. No operator of a mobile food cart shall park or stand such vehicle:
1. On any private property without the express consent of the owner or lessee of such property and unless such written consent is kept in the
mobile food cart at all times when the facility is on the property and presented to the City upon request; and
2. On properties of the City of Miami Gardens, or on any public right-of-way
without the express written consent of the City of Miami Gardens.
b. The location of all food trucks shall comply with the Americans with Disability Act.
d. The sale of alcoholic beverages shall be prohibited.
(3). The following operational requirements during the operation of a mobile food cart must also be met:
a. No food shall be stored, displayed, or served from any place other than the mobile
food cart. The use of tables, benches, and other such devices to display or serve
items for use is prohibited;
b. Food condiments shall be protected from contamination. Food condiments provided
for customer self-service shall be prepackaged or shall be from approved dispensing devices;
c. Utensils and equipment shall be handled and stored to be protected from
contamination. Single-service utensils shall be obtained from sanitary containers or
approved sanitary dispensers, stored in a clean, dry place until used, handled in a sanitary manner, and used only once;
d. All mobile food cart shall be required to provide proof of state licenses, including a valid mobile food establishment permit issued by the Florida Department of Agriculture and Consumer Services (FDACS) and Commissary Letter of Agreement
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Page 6
(FDACS form 14223), and a food handling license for each individual mobile food cart in order to temporarily operate in the City of Miami Gardens.
(4). All mobile food cart operators shall obtain and keep in full force and effect the following types and amounts of insurance with an insurance carrier authorized to conduct business
in the State of Florida: (i) Commercial general liability insurance (occurrence insurance) including, without limitation, personal injury, property damage and contractual liability
(applicable to the indemnity provisions of this Agreement), with minimum limits of Five Hundred Thousand Dollars ($500,000) each occurrence and One Million Dollars
($1,000,000) aggregate.
(5). All operators of mobile food carts shall be required to obtain a Business Tax Receipt
from the City of Miami Gardens.
(6). Mobile Food carts shall only be permitted on Thursday’s, Friday’s, Saturdays and
Sundays for a maximum of four (4) hours.
(7). Mobile food carts shall not be operated within 1000 feet of another mobile food cart.
(8). Mobile food carts shall be managed in accordance with the following policies:
a. The quiet, safety, and cleanliness of the mobile food carts site and its adjacent area
shall be maintained.
b. Proper and adequate storage and disposal of debris and garbage shall be provided.
c. Noise and odors shall be contained within immediate area of mobile food cart site so as not to be a nuisance to neighbors.
(9). Each mobile food cart shall meet the following facility requirements related to sinks, refuse receptacles, and restrooms:
a. Any mobile food cart shall be equipped with a hand-washing sink, a three-compartment washing sink, and an adequate supply of running hot water.
b. Mobile food carts shall be equipped with a suitable, tight, nonabsorbent washable receptacle for refuse.
c. Mobile food cart operators shall, by a written agreement with other business establishments, arrange for the availability of a restroom and hand-washing sink
that may be used by employees working in the mobile food cart when the facility is parked in the same place for more than two hours. The restroom and hand-
washing sink must be within 200 feet of the mobile food cart. The copy of the agreement shall be kept in the facility at all times and shall be made available
for inspection by the police department, department of building and code compliance, and any other regulatory agency.
(10). No permit shall be transferable.
(11). If the City determines that the permittee has violated any portion of this Ordinance, the
City shall order the permittee to correct the violation within a specified time period, or can immediately order the violator to vacate an occupied area. The City may require that
any permittee vacate an occupied area if it is deemed to be in the best interest of the city.
(32) (33) Places of assembly. …….
(All other sections to be renumbered)
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18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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: 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 SPIRIT OF CHRIST CENTER & MINISTRIES, INC. FOR THE
REZONING OF THAT CERTAIN PROPERTY LOCATED AT 1455 NW 183 STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, FROM AU, AGRICULTURE TO NC,
NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Background
Item N-1) Quasi-Judicial
Ordinance/ Second Reading
Spirit of Christ Center & Ministries
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On April 11, 2010 the City of Miami Gardens adopted the Land Development Regulations (LDRs) to
regulate and govern the land development and zoning of the City. Prior to adoption, the City relied on
the Miami-Dade County Zoning Code. There was extensive public participation and time spent on the
development of the LDRs to reflect and highlight the City’s economic development and growth
potentials In addition to adopting land development regulations that would minimize the potential
impacts of incompatible uses and protect areas from intrusion of nuisances and incompatible uses. The
LDRs allow places of assembly as a permitted use in the NC, Neighborhood Commercial, PCD, Planned
Corridor Development and/or I-1, I-2 Industrial districts. The land use of the site owned by Spirit of
Christ Center & Ministries, Inc., including the day care has been established in the neighborhood since
1959 and is currently defined by Zoning as a legally nonconforming use.
Current Situation
The applicant is requesting a rezoning of the 1.70 acre parcel zoned AG, Agriculture to NC, Neighborhood
Commercial which would bring the legally nonconforming existing use to a place of religious assembly, into
conformity with the City’s Land Development Regulations (LDRs) and will allow the proposed expansion for
a 6,000 square feet sanctuary/multi-purpose hall. The City’s LDRs allow places of assembly as a permitted
use in the NC, Neighborhood Commercial, PCD, Planned Corridor Development or the I-1, I-2 Industrial
districts.
The applicant has submitted a site plan (attached) which reflects the proposed development of a 6,000 sq.
ft. sanctuary. The site plan will be subject to site plan review by the City’s Development Review Committee
(DRC), if the rezoning is approved. In addition, the number of off-street parking space requirements would
be pursuant to Sec.34-381 of the City’s Land Development Code.
The rezoning to NC, Neighborhood Commercial includes places of public assembly and also allows an
extensive list of commercial and non-residential uses. (See attachment, Sec. 34-287, Use Regulations,
Generally-Table 1: Permitted Uses List which includes NC, Neighborhood Commercial, PCD, Planned
Corridor Development, I-1, Special Industrial and I-2, Heavy Industrial).
Zoning History
Our zoning records indicates on April 16, 1959, the Metropolitan Dade County Zoning Commission
denied in part, through Resolution No. 3081 an application by Dade Heights Jewish Community Center
for a change of zone from AU (Agricultural Use) and GU (Government Use-Interim) to RU-3 (Four Unit
Apartment) or special permit, to permit a church and allied uses at 1455 NW 183rd Street, but that a
special permit for a church and allied uses, but not including a community center use, be approved
subject to conditions. These conditions included dedication of right-of-way, a detailed plot plan be
submitted to and meet with the approval of the Zoning Director, and the use be established and
maintained in accordance with the approved plans.
On August 11th, 1969, The Metropolitan Dade County Zoning Appeals Board passed and adopted
Resolution No. 4-ZAB-411-69, which approved a special exception and unusual use to expand an existing
day nursery subject to conditions which included dedication of right-of-way; the use conform to
121 of 202
requirements and/or recommendations of the State Welfare Department and Dade County Fire and
Public Health Departments; the use be restricted to a maximum of 205 children, ages 2 to 14 years old;
hours of operation shall be between 7 am and 6 pm on weekdays only, Monday through Friday inclusive;
a maximum of 14 vehicles of a school bus type be permitted and stored on the premises; play area shall
be entirely enclosed; the existing structure be of a residential type and character and meet the approval
of the Zoning Director; only one sign, not to exceed 11/2 sq. ft.; and the Certificate of Use and
Occupancy be automatically renewed annually by the Dade County Building and Zoning Department
upon compliance with all terms and conditions.
Analysis
The proposed rezoning of the property from AU, Agriculture to NC, Neighborhood Commercial is
consistent with the policies and objectives of the City of Miami Gardens’ Comprehensive Development
Master Plan (CMDP), and satisfies 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.
Proposed Action:
It is recommended the City Council adopt this Ordinance.
Attachments:
Attachment ”A”- Survey and Legal Description
Attachment “B”- Staff Recommendation
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1
ORDINANCE NO. 2016_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, APPROVING THE 4
APPLICATION SUBMITTED BY SPIRIT OF CHRIST 5 CENTER & MINISTRIES, INC. FOR THE REZONING OF 6 THAT CERTAIN PROPERTY LOCATED AT 1455 NW 183 7
STREET, MORE PARTICULARLY DESCRIBED ON 8
EXHIBIT “A” ATTACHED HERETO, FROM AU, 9
AGRICULTURE TO NC, NEIGHBORHOOD COMMERCIAL; 10 PROVIDING FOR ADOPTION OF REPRESENTATIONS; 11 REPEALING ALL ORDINANCES IN CONFLICT; 12
PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN 13
EFFECTIVE DATE 14
15 WHEREAS, the Spirit of Christ Christian Center & Ministries, Inc. 16
(“Applicant) is the owner of that certain property located at 1455 NW 183 Street, 17
more particularly described on Exhibit “A”, and 18
WHEREAS, the Applicant is requesting a rezoning of the 1.70 acre parcel 19
which is zoned AU, Agriculture to NC, Neighborhood Commercial to bring the 20
existing use as a place of religious assembly, into conformity with the City’s Land 21
Development Regulations and to allow for the future development of the 22
property, 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
123 of 202
2
WHEREAS, the City Council also considered that testimony of the City’s 1
Planning and Zoning staff and the staff report attached hereto as Exhibit “B” and 2
incorporated in by reference, 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 4
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 5
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 6
paragraphs are hereby ratified and confirmed as being true, and the same are 7
hereby made a specific part of this Ordinance. 8
Section 2. APPROVAL: The City Council of the City of Miami Gardens, 9
Florida hereby approves the application submitted by Applicant for the rezoning 10
of that certain property located at 1455 NW 183 Street, more particularly 11
described on Exhibit “A” attached hereto, from AU, Agriculture to NC, 12
Neighborhood Commercial. 13
Section 3. CONFLICT: All ordinances or Code provisions in conflict 14
herewith are hereby repealed. 15
Section 4. SEVERABILITY: If any section, subsection, sentence, 16
clause, phrase or portion of this Ordinance is for any reason held invalid or 17
unconstitutional by any court of competent jurisdiction, such portion shall be 18
deemed a separate, distinct and independent provision and such holding shall 19
not affect the validity of the remaining portions of this Ordinance. 20
Section 5. EFFECTIVE DATE: This Ordinance shall become effective 21
immediately upon its final passage. 22
PASSED ON FIRST READING ON THE 9TH DAY OF DECEMBER, 2015. 23
124 of 202
3
PASSED ON SECOND READING ON THE ____ DAY OF _________, 1
2016. 2
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 4
______________, 2016. 5
6 ________________________________ 7
OLIVER GILBERT, III, MAYOR 8
9
10 ATTEST: 11 12
13
_________________________________ 14
RONETTA TAYLOR, MMC, CITY CLERK 15 16 17
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 18
19
20 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 21 22
23
Moved by: __________________ 24
Second by: _________________ 25 26 VOTE: _________ 27
28
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 29
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 30 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 31 Councilman David Williams Jr ____ (Yes) ____ (No) 32
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 33
Councilman Rodney Harris ____ (Yes) ____ (No) 34
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 35 36
37
125 of 202
126 of 202
PZ-2015-000615
Spirit of Christ Church
Rezoning from AG to NC
STAFF RECOMMENDATION
PZ-2015-000615
APPLICATION INFORMATION
Applicant: Spirit of Christ Center and Ministries, Inc.
Property Location: 1455 NW 183rd Street
Property Size: 1.70 acres Future Land Use: Neighborhood
Existing Zoning: Agriculture
Requested Action(s):
1. Rezone to NC, Neighborhood Commercial
RECOMMENDATION:
Staff recommends granting the rezoning from AG, Agriculture to NC, Neighborhood Commercial on the property located at 1455 NW 183rd Street.
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Site Neighborhood Agriculture
Legally Existing
Non-Conforming
Use-Educational
North Preservation Government Property Parks and
Recreational open
Space
South Neighborhood R-1 Single Family Residential Single Family
Residential
East Neighborhood GP-Government Property Parks and
Recreational open
Space
West Neighborhood R-1 Single Family Residential Commercial
The subject property is 1.70 acres located at 1455 NW 183rd Street on the north side of N.W.183rd
Street west of N.W. 14th Avenue and is developed as a day care. Surrounding properties to the
north and east are parks and recreation and open space; to the west is commercial; and to the south are developed single family homes.
127 of 202
PZ-2015-000615
Spirit of Christ Church
Rezoning from AG to NC
Project Summary/Background
• The applicant is requesting a rezoning of the 1.70 acre parcel zoned AG, Agriculture to NC, Neighborhood Commercial which would bring the legally nonconforming existing use to a
place of religious assembly, into conformity with the City’s Land Development Regulations
(LDRs) and will allow for the proposed expansion for a 6,000 square feet sanctuary/multi-
purpose hall. The City’s LDRs allows places of assembly as a permitted use in the NC, Neighborhood Commercial, PCD, Planned Corridor Development or the I-1, I-2 Industrial
districts.
• The applicant has submitted a site plan (attached) which reflects the proposed development of a 6,000 sq. ft. sanctuary. The site plan will be subject to site plan review by the City’s
Development Review Committee (DRC), if the rezoning is approved. In addition, the
number of off-street parking space requirements would be pursuant to Sec.34-381 of the
City’s Land Development Code.
• The rezoning to NC, Neighborhood Commercial includes places of public assembly and
also allows an extensive list of commercial and non-residential uses. (See attachment, Sec.
34-287, Use Regulations, Generally-Table 1: Permitted Uses List which includes NC,
Neighborhood Commercial, PCD, Planned Corridor Development, I-1, Special Industrial and I-2, Heavy Industrial). Zoning History
Our zoning records indicates on April 16, 1959, the Metropolitan Dade County Zoning Commission denied in part, through Resolution No. 3081 an application by Dade Heights Jewish Community Center for a change of zone from AU (Agricultural Use) and GU (Government Use-
Interim) to RU-3 (Four Unit Apartment) or special permit, to permit a church and allied uses at
1455 NW 183rd Street, but that a special permit for a church and allied uses, but not including a
community center use, be approved subject to conditions. These conditions included dedication of right-of-way, that a detailed plot plan be submitted to and meet with the approval of the Zoning Director, and that the use be established and maintained in accordance with the approved
plans.
On August 11th, 1969, The Metropolitan Dade County Zoning Appeals Board passed and adopted Resolution No. 4-ZAB-411-69, which approved a special exception and unusual use to expand an existing day nursery subject to conditions which included dedication of right-of-way;
that the use conform to requirements and/or recommendations of the State Welfare Department
and Dade County Fire and Public Health Departments; that the use be restricted to a maximum of
205 children, ages 2 to 14 years old; hours of operation shall be between 7 am and 6 pm on weekdays only, Monday through Friday inclusive; a maximum of 14 vehicles of a school bus type be permitted and stored on the premises; play area shall be entirely enclosed; that the
existing structure be of a residential type and character and meet the approval of the Zoning
Director; that only one sign, not to exceed 11/2 sq. ft. ; and that the Certificate of Use and
Occupancy be automatically renewed annually by the Dade County Building and Zoning Department upon compliance with all terms and conditions.
128 of 202
PZ-2015-000615
Spirit of Christ Church
Rezoning from AG to NC
Consistency with City of Miami Gardens Comprehensive Development Master Plan
The primary objective of the Neighborhood designation as outlined in Objective 1.2 of the
Comprehensive Development Master Plans is as follows:
“The Neighborhood land use designation applies to areas intended for low and medium
density residential development with supporting commercial and office uses. The
designation of Neighborhood is specifically intended to protect single family homes from
encroachment or intrusion from incompatible land uses.”
The subject property has been developed as a day care and permits a church and allied uses at 1455 NW 183rd Street since the 1959.
Conclusion: The legally existing nonconforming use of a day care and proposed development of
a place of assembly is a supportive neighborhood use and would not be an encroachment or
intrusion of the adjacent uses (Parks and Recreational Open Space to the north and east); and (R-
1 Single Family to the south and commercial to the west). Therefore, the rezoning is consistent with the policies of the City’s Comprehensive Development Master Plan.
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
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;
129 of 202
PZ-2015-000615
Spirit of Christ Church
Rezoning from AG to NC
(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 is generally consistent the City’s CDMP and has been established
as part of the neighborhood since the 1959.
2. The rezoning will not affect natural resources in the City; the property will be
developed on the existing 1.70 acre site. 3. The rezoning will have a favorable impact upon the City’s economy
introducing construction related opportunities to the neighborhood.
4. The rezoning will not have an adverse impact upon water, sewer, drainage,
education or recreation facilities.
5. The rezoning will not impact public transportation facilities, streets or highways and will be assessable by public roads.
Rezoning to NC, Neighborhood Commercial is an appropriate designation and will allow the
established use of a day care and place of religious assembly (established in 1959) to
continue in conformity. Conclusion: The rezoning of the property meets the criteria in the granting of the rezoning
from Agricultural to NC, Neighborhood Commercial.
Anticipated Facilities Impact
DRC (Development Review Committee): prior to building permit issuance for the expansion(s)
the site plan will be reviewed by the City’s DRC for anticipated impacts and any mitigation
thereof.
General: Concurrency determinations are not finalized during the zoning approval process.
Public Notification/Comments
In accordance with the Land Development Regulations, two (2) notifications of the applicant’s
requests were mailed to property owners within a half mile (1/2) radius of the subject site to
provide them an opportunity to comment on the application. No comments were received from
property owners within that radius at the date of this writing. (See attached Mailed Notice Radius Map).
Attachments:
Letter of Intent
Hearing Map-Zoning Hearing Map-Aerial
Mailed Notice Radius Map
130 of 202
PZ-2015-000615
Spirit of Christ Church
Rezoning from AG to NC
Submitted Plans and Survey
Zoning History
Permitted Use List Comparison Agricultural to NC, Neighborhood Commercial
`
131 of 202
132 of 202
EXISTING
SITE PLAN
1/16" = 1'-0"EXISTING SITE PLAN 01SCALE
REVISIONS DATES:
PROFESSIONAL SEAL
PROJECT
THIS DOCUMENT IS THE PROPERTY OF
SIMON ARCHITECTURAL PA AND SHALL NOT BE
REPRODUCED WITHOUT THE WRITTEN CONSENT
OF SIMON ARCHITECTURAL PA.
Simon Architectural PA
10/16/15ISSUE DATE:
PROJECT #:1418_SP_101
DRAWN BY:
CHECKED BY:
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RICHARD HARRIS SIMON #AR0014364
REGISTERED ARCHITECT STATE OF FLORIDA
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City of Miami Gardens
Planning & Zoning Division
Subject Property:
1455 NW 183rd Street
134 of 202
135 of 202
PROPOSED
SITE PLAN
1/16" = 1'-0"PROPOSED SITE PLAN 01SCALE
REVISIONS DATES:
PROFESSIONAL SEAL
PROJECT
THIS DOCUMENT IS THE PROPERTY OF
SIMON ARCHITECTURAL PA AND SHALL NOT BE
REPRODUCED WITHOUT THE WRITTEN CONSENT
OF SIMON ARCHITECTURAL PA.
Simon Architectural PA
10/16/15ISSUE DATE:
PROJECT #:1418_SP_101
DRAWN BY:
CHECKED BY:
WV
RHS
RICHARD HARRIS SIMON #AR0014364
REGISTERED ARCHITECT STATE OF FLORIDA
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OUTDOOR PLAY AREA
GATE
SIGN
PROPERTY LINE
NEW FRONT FENCING & (2)
ENTRY/EXIT ROLLING GATES
27
7
'
-
7
"
264'-3"
GATE
GENERAL INFORMATION
EXISTING ENCLOSED AREA
GREEN AREA
PAVEMENT
LOT AREA
SF
9,285 SF
%
26 %
26,993 SF 36.4 %
74,052 SF / 1.7 AC 100%
18'-0"18'-0"
20
'
-
0
"
24
'
-
0
"
23'-0"
12
'
-
6
"
12
'
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6
"
22
'
-
9
"
16'-2"
7'-11"
17
'
-
2
"
24'-0"
24'-0"
24'-0"4'-10"
EXISTING CHAIN LINK
FENCE AROUND
PERIMETER OF
PROPERTY
SI
D
E
W
A
L
K
SIDEWALK
GRASS
27
7
'
-
7
"
264'-3"
OUTDOOR PLAY AREA
18'-0"18'-0"
18'-0"
19,200 SF
2,788 SFOUTDOOR PLAYGROUND
SIDEWALKS 3,920 SF
3.8 %
5.6 %
ZONING CALCULATIONS
PROPOSED USE
MAX. BUILDING HEIGHT
REQUIRED PROVIDED
2 STORIES
0.50MAX. FAR
MAX. IMPERVIOUS SURFACES 70 %
0.28
70 %
DAYTIME: SCHOOL / AFTER HOURS: CHAPEL
ZONING AU: AGRICULTURAL
LOT AREA 74,052 SF
1 STORIES
9
11
11
77
76
8
9
7
SI
D
E
W
A
L
K
DEDICATED PARKING
FOR PICK-UP AND
DROP-OFF CHILDREN
ON SELECTED HOURS
45
'
-
5
"
59'-1"
46'-1"
MIAMI GARDENS DR
PARKING PROVIDED 82 PS
NEW ENCLOSED AREA 21,160 SF 28.5 %
01
EXISTING BUILDING
04
EXISTING BUILDING
02
EXISTING BUILDING
03
EXISTING BUILDING
05
NEW CHAPPEL
06
NEW COMMUNITY
ROOM
07
NEW
LOBBY
EXISTING CONSTRUCTION
PROPOSED NEW CONSTRUCTION
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 13, 2016 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: 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 NEW WAY FELLOWSHIP PRAISE AND
WORSHIP CHURCH, INC. FOR THE REZONING OF PROPERTY LOCATED AT NW 167TH
STREET AND NW 22ND AVENUE, MIAMI GARDENS, FLORIDA MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM PCD, PLANNED CORRIDOR DEVELOPMENT TO R-1, SINGLE FAMILY; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVING A
SEVERABILITY CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE
DATE.
Staff Summary:
Background
Item N-2) Quasi-Judicial
Ordinance/ Second Reading
New Way Fellowship Praise & Worship Church, Inc.
172 of 202
18605 NW 27th Avenue
Miami Gardens, Florida 33056
On April 11, 2010 the City of Miami Gardens adopted the Land Development Regulations (LDRs) to
regulate and govern the land development and zoning of the City. Prior to adoption, the City relied on
the Miami-Dade County Zoning Code. There was extensive public participation and time spent on the
development of the LDRs to reflect and highlight the City’s economic development and growth
potentials. In addition to adopting land development regulations that would minimize the potential
impacts of incompatible uses and protect areas from intrusion of nuisances and incompatible uses, the
LDRs allow single family (detached residential) as a permitted use in the R-1 district. The land use of the
site owned by New Way Fellowship Praise and Worship Church, Inc. has been established in the
neighborhood since 2010 and the southern portion of it is currently designated by Zoning as PCD,
Planned Corridor Development.
Current Situation
The subject property is 14.6 acres, located at approximately NW 167th Street and NW 22nd Avenue and is
currently vacant and unimproved land. Surrounding properties to the north, east and west are vacant and
zoned R-1, Single Family. The southern portion of the subject property is zoned PCD, Planned Corridor
Development.
The applicant has submitted a site plan (attached) which reflects the proposed development of a Seventy-
One (71) single family detached homes. The site plan will be subject to site plan review by the City’s
Development Review Committee (DRC), if the rezoning is approved.
The rezoning from PCD, Planned Corridor Development to R-1, Single Family will allow the development of
the single family uses. (See attachment, Sec. 34-287, Use Regulations, Generally-Table 1: Permitted Uses
List which includes the list of permitted, not permitted and special exception uses in the R-1, Single Family
District. Residential-single family uses are not permitted in the PCD, Planned Corridor District).
Analysis
The proposed rezoning of the southern portion of the subject property from PCD, Planned Corridor
District to R-1, Single Family is consistent with the policies and objectives of the City of Miami Gardens’
Comprehensive Development Master Plan (CMDP), and satisfies 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.
Proposed Action:
It is recommended the City Council adopt this Ordinance.
Attachments:
Attachment ”A”- Survey and Legal Description
Attachment “B”- Staff Recommendation
Attachment “C”- Site Plan
173 of 202
1
ORDINANCE NO. 2016_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED 4
BY NEW WAY FELLOWSHIP PRAISE & WORSHIP CHURCH, INC., FOR 5 THE REZONING OF THAT CERTAIN PROPERTY LOCATED AT NW 6 167TH STREET AND NW 22ND AVENUE , MORE PARTICULARLY 7
DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, FROM PLANNED 8
CORRIDOR DEVELOPMENT TO R-1, SINGLE FAMILY; PROVIDING 9
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL 10 ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 11 PROVIDING AN EFFECTIVE DATE 12
13
WHEREAS, the New Way Fellowship Praise and Worship Church Inc. 14
(“Applicant) is the owner of that certain property located at NW 167th Street and 15
NW 22nd Avenue, more particularly described on Exhibit “A”, and 16
WHEREAS, the Applicant is requesting a rezoning of the property to allow 17
for the future development of the property to single family residences, and 18
WHEREAS, the City’s Planning and Zoning Staff has made a 19
determination that the application is consistent with the Comprehensive 20
Development Master Plan, and recommends approval of the application, and 21
WHEREAS, the City Council has considered the testimony of the 22
Applicant if any, and 23
WHEREAS, the City Council also considered that testimony of the City’s 24
Planning and Zoning staff and the staff report attached hereto as Exhibit “B” and 25
incorporated in by reference, 26
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 27
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 28
174 of 202
2
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 1
paragraphs are hereby ratified and confirmed as being true, and the same are 2
hereby made a specific part of this Ordinance. 3
Section 2. APPROVAL: The City Council of the City of Miami Gardens, 4
Florida hereby approves the application submitted by Applicant for the rezoning 5
of that certain property located at N.W. 167th street and N.W. 22nd Avenue from 6
Planned Corridor Development to R-1, Single Family. 7
Section 3. CONFLICT: All ordinances or Code provisions in conflict 8
herewith are hereby repealed. 9
Section 4. SEVERABILITY: If any section, subsection, sentence, 10
clause, phrase or portion of this Ordinance is for any reason held invalid or 11
unconstitutional by any court of competent jurisdiction, such portion shall be 12
deemed a separate, distinct and independent provision and such holding shall 13
not affect the validity of the remaining portions of this Ordinance. 14
Section 5. EFFECTIVE DATE: This Ordinance shall become effective 15
immediately upon its final passage. 16
PASSED ON FIRST READING ON THE 9TH DAY OF DECEMBER, 2015. 17
PASSED ON SECOND READING ON THE ____ DAY OF _________, 18
2016. 19
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 20
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 21
______________, 2016 22
23
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3
________________________________ 1 OLIVER GILBERT, III, MAYOR 2
3
4
ATTEST: 5 6 7
_________________________________ 8
RONETTA TAYLOR, MMC, CITY CLERK 9
10 11 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 12
13
14
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 15 16 17
Moved by: __________________ 18
Second by: _________________ 19
20 VOTE: _________ 21 22
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 23
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 24
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 25 Councilman David Williams Jr ____ (Yes) ____ (No) 26 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 27
Councilman Rodney Harris ____ (Yes) ____ (No) 28
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 29
30
31
176 of 202
#37379854_v1
LEGAL DESCRIPTION AND FOLIOS
Tracts 51 and 62, less the South 30 feet taken for road purposes, In Section 10,
Township 52 South, Range 41 East, of MIAMI GARDENS SUBDIVISION, Plat Book 2,
Page 96, according to the Public Records of Dade County, Florida;
ALSO:
The East ½ of Lots 193 through 201 of RADIO GARDENS SUBDIVISION, Plat Book 8,
Page 97, according to the Public Records of Dade County, Florida;
ALSO:
Lot 192 and East ½ of Lot 191, RADIO GARDENS SUBDIVISION, Plat Book 8, Page
97, less the South 25 feet, of aforesaid;
ALSO:
The East 2.5 feet of the West 52.5 feet of Lot 191, of RADIO GARDENS SUBDIVISION, Plat Book 8, Page 97, less the South 25 feet thereof, according to the Public Records of
Dade County, Florida; All less the parcel dedicated as right-of-way for State Road No.
826 (Palmetto Expressway);
ALSO: Lots 224 and 225, RADIO GARDENS, according to the plat thereof, recorded in Plat
Book 8, Page 97 of the Public Records of Miami-Dade County, Florida; together with the following described property:
Commence at the Northwest corner of Lot 228, RADIO GARDENS, according to the plat thereof, recorded in Plat Book at Page 97 of the Public Records of Miami-Dade County, Florida; thence run East along the North line of said Lot 228 for a distance of 209.33
feet; thence run South along a line 209.33 feet East of and parallel to the West line of said Lot 228 for a distance of 4.5 feet to the Point of Beginning of the Tract of land
hereinafter to be described; thence continue South along the aforementioned course for
a distance of 199.75 feet to a point; thence deflecting to the left at an angle of 179 degrees 29 minutes, run Northeasterly for a distance of 199.76 feet to a point; thence
run West for a distance of 1.75 feet to the Point of Beginning; and the West 210 feet of
Lots 227 and 228 of RADIO GARDENS, according to the Plat thereof, recorded in Plat Book 8 at Page 97 of the Public Records of Miami-Dade County, Florida.
Property Appraiser’s Parcel Identification Numbers:
34-2110-002-0170 34-2110-002-0150
34-2110-003-1040
34-2110-003-1050
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New Way Fellowship Praise & Worship Church, Inc.
PZ-2015-000980
STAFF RECOMMENDATION
PZ-2015-000980
APPLICATION INFORMATION
Applicant: New Way Fellowship Praise & Worship Church, Inc.
Property Location: NW 167th Street and NW 22nd Avenue
Property Size: 14.6 Acres
Future Land Use: Neighborhood
Existing Zoning: R-1, Single Family and PCD-Planned Corridor Development
(southern portion)
Requested Action(s): Rezone southern portion of the property from PCD- Planned
Corridor Development to R-1, Single Family
RECOMMENDATION:
Staff recommends granting the rezoning of the subject property from PCD, Planned Corridor
Development (southern portion) to R-1, Single Family on the property generally located at NW
167th and NW 22nd Avenue.
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Subject Site Neighborhood Planned Corridor Development/ Single
Family Vacant
North Neighborhood R-1, Single Family Vacant
South Neighborhood R-1, Single Family Single Family
Residential
East Commerce/
Neighborhood
Planned Corridor Development
(southern portion)/ Single Family
Vacant
West Commerce R-1, Single Family Single Family
Residential
The subject property is 14.6 acres, located at approximately NW 167th Street and NW 22nd Avenue
and is currently vacant and unimproved land. Surrounding properties to the north, east and west
are zoned R-1, Single Family. The southern portion of the subject property is zoned PCD, Planned
Development Corridor.
178 of 202
New Way Fellowship Praise & Worship Church, Inc.
PZ-2015-000980
Project Summary/Background
• The applicant is requesting a rezoning of the southern portion of the Subject Property 14.6
acres (4 parcels- 34-2110-003-1040; 34-2110-002-00150; 34-2110-002-0170; and 34-2110-
003-1050) zoned PCD, Planned Corridor Development to R-1, Single Family.
• The subject property is currently undeveloped and vacant.
• The rezoning to R-1, Single Family provides for use and occupancy of one-family detached
dwelling units at low densities, essential services and facilities, and select public and
institutional uses. R-1, Single Family zoning designation implements the lowest density
range of the Neighborhood CDMP land use category, allowing up to six dwelling units per
acre.
Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP)
The primary objective of the Neighborhood designation, as outlined in Objective 1.2; Policy 1.2.1
and 1.2.2 of the Comprehensive Development Master Plan is as follows:
The Neighborhood land use designation applies to areas intended for low and medium density
residential development with supporting commercial and office uses. The designation of
Neighborhood is specifically intended to protect single family homes from encroachment or
intrusion from incompatible land uses.
Policy 1.2.1: Uses consistent with the Neighborhood land use designation shall
primarily include low and low-medium density residential uses. Medium
and medium-high densities, suburban commercial and office, and mixed use
planned uses may be permitted subject to the performance criteria set
forth in this Plan.
Policy 1.2.2: The Neighborhood land use designation shall provide for a variety of
housing types and densities.
Conclusion:
The subject property is undeveloped and vacant. A proposed development of a Single Family
development is consistent with the neighborhood use and majority of the surrounding area.
Therefore, the rezoning is consistent with the policies of the City’s Comprehensive
Development Master Plan.
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
179 of 202
New Way Fellowship Praise & Worship Church, Inc.
PZ-2015-000980
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 will not impact public transportation facilities, streets or
highways and will be accessible by public roads.
2. The rezoning will have a favorable impact upon the City’s economy
introducing additional reality tax base once constructed. 3. The rezoning will not unduly impact water, sewer, drainage, education or recreation facilities.
4. The rezoning is consistent the City’s CDMP.
5. The rezoning will not affect natural resources in the City; the property will be
developed on the existing 14.6 acres of land.
Rezoning to R-1, Single Family is an appropriate designation and will allow the development of
Single Family residential units.
Conclusion
The rezoning of the property meets the criteria in granting of the rezoning from PCD, Planned
Corridor Development to R-1, Single Family.
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New Way Fellowship Praise & Worship Church, Inc.
PZ-2015-000980
Anticipated Facilities Impact
DRC (Development Review Committee): Prior to building permit issuance for the development, the site plan will be reviewed by the City’s DRC for anticipated impacts and any mitigation
thereof.
General: Concurrency determinations are not finalized during the zoning approval process.
Public Notification/Comments
In accordance with the Land Development Regulations, two (2) notifications of the applicant’s
requests were mailed to property owners within a half mile (1/2) radius of the subject site to
provide them an opportunity to comment on the application. No comments were received from
property owners within that radius at the date of this writing. (See attached Mailed Notice Radius Map).
Attachments: Letter of Intent
Hearing Map-Zoning
Hearing Map-Aerial
Mailed Notice Radius Map
Survey Comparison of Uses PCD and R-1
181 of 202
November 2015
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About this report
The Miami Gardens Police Department provides information concerning crimes in the City of Miami Gardens.
Each page depicts actual crime information captured by the Records and Crime Analysis Units.
Glossary
Targeted Crimes:
The State of Florida uses these crimes for conformity in compiling statistics within the state and the nation. The
statistics for these crimes are reported to the Florida Department of Law Enforcement for inclusion in the Federal
Bureau of Investigations (FBI) Annual Report. Data from the monthly report may differ from the FBI’s published
report due to the fact that only certain classes of crime are extracted for publication and crimes reported after the
reporting deadline are still captured by the Records Unit.
•Criminal Homicide – The willful (non-negligent) killing of one human being by another.
•Aggravated Assault ̶ An unlawful attack by one person upon another for the purpose of
inflicting severe or aggravated bodily injury.
•Larceny ̶ Deprive victim of such property permanently or temporarily without threat or
violence or putting in fear, or by sudden snatch.
•Robbery ̶ To take or attempt to take anything of value from the care, custody, or control of
a person or persons by force or threat of force or violence and/or by putting
victim in fear.
•Burglary ̶ The unlawful entry of a structure to commit a felony or a theft.
2
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GLOSSARY
Emergency Calls
P = Priority call and is identified by a verbal ‘3’ at the beginning of the signal at dispatch
Code 3 emergency call: A situation or sudden occurrence which poses an actual threat of
serious injury or loss of human life and demands swift police action. Code 3 calls are preceded by a tone
indicator and the signal prefixed by a 3.
Example: Shooting victim, violent domestic with injuries, accident with injuries
P1 = Emergency call that is identified by a verbal ‘2’ at the beginning of the signal at dispatch.
Code 2 emergency call: A situation which poses a potential threat of serious injury or loss of
human life which may require swift police action. Code 2 calls are preceded by a tone indicator and the
signal prefixed by a 2.
Example: Burglary in progress, violent domestic, assault with potential of injuries.
P2 = requires an immediate response but no imminent threat of serious injury or loss of human life involved.
There is no tone indicator preceding this type of call.
Example: A just occurred burglary or any incident where the suspects may still be in
immediate area.
P3+ = Considered a routine response for a call that is delayed or non-emergency in nature.
Example: Identity theft, loud music complaints, barking dog disturbance.
3
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Monthly Statistical Comparison November 2015
Year to Date 2014 2015 % Change
Criminal Homicide 11 18 64%
Forcible Rape 20 18 -10%
Robbery 195 198 2%
Aggravated Assault 431 406 -6%
Burglary 940 733 -22%
Theft from Motor Vehicle 790 891 13%
Larceny (All Other) 1976 1779 -10%
Motor Vehicle Theft 456 400 -12%
Total 4819 4443 -8%
This report reflects incidents that are currently in the records management and the GEO verification systems at the time this report was generated. Data shown is subject to change as pending reports are entered into records. *Non-calculable
4
Monthly Comparison October
2015
November
2015 % Change
November
2014
November
2015 % Change
Criminal Homicide 1 0 -100% 0 0 0%
Forcible Rape 4 2 -50% 4 2 -50%
Robbery 11 16 45% 17 16 -6%
Aggravated Assault 34 49 44% 52 49 -6%
Burglary 78 73 -6% 95 73 -23%
Theft from Motor
Vehicle 90 82 -9% 75 82 9%
Larceny (All Other) 151 141 -7% 139 141 1%
Motor Vehicle Theft 43 42 -2% 37 42 14%
Total 412 405 -2% 419 405 -3%
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Monthly Statistical Comparison November 2015
5
ARREST October November Diff %Change
Criminal Homicide 0 0 0 0%
Forcible Sex Battery 0 0 0 0%
Robbery 7 2 -5 -71%
Aggravated Assault 8 12 4 50%
Burglary 10 5 -5 -50%
Larceny 30 18 -12 -40%
Motor Vehicle Theft 3 1 -2 -67%
Total 58 38 -20 -34%
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PART ONE CRIMES
November 2014 / November 2015
6
0 4
17
52
95
75
139
37
0 2
16
49
73
82
141
42
0
20
40
60
80
100
120
140
160
Nov-14
Nov-15
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PART ONE CRIMES
Year to Date Comparison
2014 / 2015
7
11 20
195
431
940
790
1976
456
18 18
198
406
733
891
1779
400
0
500
1000
1500
2000
2500
2014
2015
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TOP FIVE ACCIDENT LOCATIONS
8
•NW 167th ST, NW 47th AVE – 5
•NW 171st ST, NW 37th CT – 2
•NW 152nd ST, NW 22nd AVE – 2
•NW 179th ST, NW 27th AVE – 2
•NW 182nd ST, NW 32nd AVE – 1
7
3
1
1
Contributing Factors
Fail to Yield Right of Way
Improper Turn
Fail to Maintain Single Lane
Ran Red Light
189 of 202
9
TOP FIVE ACCIDENT LOCATIONS
November 01 through November 30, 2015
NW 167th ST, NW 47th AVE
DHSMV # Case # Date/Time Cause
86320728 2015019359 11/05/2015 21:34 Improper Turn
86320795 2015019518 11/08/2015 13:10 Fail to Yield Right of Way
86320753 2015020195 11/19/2015 17:41 Fail to Maintain Single Lane
86320770 2015020279 11/20/2015 21:10 Improper Turn
86320780 2015020334 11/21/2015 15:01 Fail to Yield Right of Way
NW 171st ST, NW 37th CT
DHSMV # Case # Date/Time Cause
8100025 2015019142 10/09/2015 15:29 Fail to Yield Right of Way
86320827 2015020526 10/31/2015 13:02 Ran Red Light
NW 152nd ST, NW 22nd AVE
DHSMV # Case # Date/Time Cause
86320739 2015019565 10/02/2015 14:47 Fail to Yield Right of Way
86320688 2015020059 10/23/2015 20:37 Improper Turn
NW 179th ST, NW 27th AVE
DHSMV # Case # Date/Time Cause
86320615 2015019786 10/15/2015 13:54 Fail to Yield Right of Way
86320755 2015020225 10/23/2015 14:37 Fail to Yield Right of Way
NW 182nd ST, NW 32nd AVE
DHSMV # Case # Date/Time Cause
86320674 2015019203 10/07/2015 11:02 Fail to Yield Right of Way
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TRAFFIC ENFORCEMENT SUMMARY
2015
10
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
YEAR TO
DATE
Accident Reports 202 222 272 306 320 282 279 316 288 304 273 3064
Traffic Stops 734 534 611 522 541 447 317 555 332 467 419 5479
Traffic Moving 399 285 284 444 421 330 278 219 202 339 277 3478
Traffic Non Moving 382 300 270 514 621 490 456 183 490 339 397 4442
Traffic Verbal 237 198 239 195 218 191 178 227 141 180 132 2136
Parking
Citations 6 11 20 7 19 9 13 10 1 7 6 109
Red Light Camera Violations 2842 3195 6181 4558 1872 2782 4677 4304 3566 4403 4482 42862
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11
TRAFFIC ENFORCEMENT ACTIVITY
NOVEMBER 2015
273, 4% 419, 7% 277, 5%
397, 7%
132, 2%
6, 0%
4482, 75%
Accident Reports
Traffic Stops
Traffic Moving
Traffic Non Mov
Traffic Verbal
Parking Citations
Red Light Camera Violations
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12
STREET CRIMES, CAREER CRIMINAL, TRAFFIC, K-9 AND GANG UNITS
November 2015
THESE PROACTIVE UNITS EFFECTED 152 ARRESTS. 26 Felony, 21 Misdemeanor, and 105 Traffic Arrest
•PROACTIVE PATROL 24 Field Contacts 646 Traffic Citations
•EXECUTED 2 SEARCH WARRANTS
•SEIZED 100 GRAMS OF MARIJUANA 17 GRAMS OF COCAINE 12 FIREARMS
•U.S. Marshall’s Services 20 Apprehension/Warrants related to CMG
40 Total Apprehension/Warrants
•CANINE 64 Deployments 547 Backups/Calls for Service
•TRAFFIC 4585 Red Light Violations Reviewed 298 Sent to Court 37 Hit & Run Investigations Assigned 0 Traffic Homicides Assigned
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CUSTODIAL FIREARMS
11/01/2015 to 11/30/2015
13
Total = 12
0
3
1
0
6
0 0
2
0
1
2
3
4
5
6
7
17 & Younger 18 to 21 22 to 24 25 to 30 31 to 40 41 to 50 Over 50 Other
Possessors' Age
10
0
2 0 0
Firearms Type
Pistol
Shotgun
Revolver
Rifle
Machine Gun
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CUSTODIAL FIREARMS
14 Total = 220
14
20
25
16 15
19
7
21 21
10
1 1 2 1 0
2
0 0 0 0
2 3
0
2 2 1
3 2 2 2 2 2 3
0 0 0 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0
5
10
15
20
25
30
Feb Mar Apr May Jun Jul Aug Sep Oct Nov
Year to Date
Pistol
Shotgun
Revolver
Rifle
Machine Gun
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TRAINING ANALYSIS
2014 TRAINING ACTIVITY
2015 TRAINING ACTIVITY
15
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
YTD
TOTAL
CLASSES
ATTENDED 17 17 8 11 17 17 10 6 10 16 22 151
HOURS
TAUGHT 507 448 360 222 442 462 260 188 342 391 500 4122
PARTICIPANTS 35 32 28 32 33 37 13 12 28 30 46 326
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
YTD
TOTAL
CLASSES
ATTENDED 7 9 11 6 9 11 9 12 15 14 10 12 125
HOURS
TAUGHT 297 244 514 108 264 248 216 294 464 472 220 330 3671
PARTICIPANTS 13 19 31 17 15 19 37 30 30 24 23 26 284
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NOVEMBER 2015 –OVERTIME
SUMMARY
16
CATEGORY HOURS
SHIFT EXTENSION/ HELD OVER 629
COURT 550
ADMINISTRATION 0
SPECIAL DETAIL 130
COMMUNICATIONS 505
TOTAL 1814
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NOVEMBER 2015 – OVERTIME SUMMARY
17
629
550
0
130
505
SHIFT EXTENSION/ HELD OVER
COURT
ADMINISTRATION
SPECIAL DETAIL
COMMUNICATIONS
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ROUTINE CALLS FOR SERVICE
2014 / 2015
18
6394
5747
6093 6060
6366
6034
6519 6668 6422
6995
6511
6197
5290 5363 5430 5465 5254
5985
5529
5250
5670 5550
0
1000
2000
3000
4000
5000
6000
7000
8000
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
2014
2015
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EMERGENCY & PRIORITY CALLS FOR SERVICE
2014 / 2015
19
641
532
636
614 594
533
570 556
602 598 588 603
543
594 606 590 582
560
587
571 563 552
0
100
200
300
400
500
600
700
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV
2014
2015
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RESPONSE TIMES FOR CALLS FOR SERVICE
2015
20
9.335
9.08
8.865
9.45
8.775
8.615
7.845
8.22
7.98
7.97 9.1
18.675
20.01
18.985
19.855
19.36
21.435
31.4
16.985
18.77
16.35
19.815
0
5
10
15
20
25
30
35
Jan Feb March April May June July Aug Sept Oct Nov
P+ & P1
P2 & P3+
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MIAMI GARDENS
POLICE DEPARTMENT
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