HomeMy WebLinkAboutJanuary 27, 2016 City Council AgendaJanuary 27, 2016 City Council Agenda Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: January 27, 2016 18605 NW 27th Avenue Miami Gardens, Florida 33056 Next Regular Meeting Date: February 10, 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 – January 13, 2016
(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 – CFCE Presentation
F-2) Councilman Williams – Special Presentation
(G) PUBLIC COMMENTS
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January 27, 2016 City Council Agenda Page 2
(H) ORDINANCE(S) FOR FIRST READING:
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
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) (1st Reading –
January 13, 2016)
(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, ACKNOWLEDGING MAYOR OLIVER GILBERT’S REAPPOINTMENT OF MIGUEL MURPHY TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE;
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, SUPPORTING THE WOMEN’S
BREAST AND HEART INITIATIVE (WBHI) DURING THE
MONTH OF FEBRUARY AND PROVIDING AN IN-KIND ROOM AT ROLLING OAKS PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE. (SPONSORED BY VICE MAYOR FELICIA ROBINSON)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, OPPOSING HOUSE BILL 4001 WHICH WOULD ALLOW THE CARRYING OF CONCEALED
WEAPONS AND FIREARMS ONTO COLLEGE OR UNIVERSITY
CAMPUSES; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
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January 27, 2016 City Council Agenda Page 3
(SPONSORED BY COUNCILWOMAN LISA C. DAVIS)
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING HOUSE BILL 475, WHICH PROVIDES AN EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS FOR PERSONAL IDENTIFYING INFORMATION OF A WITNESS TO A FELONY AND THAT
PROHIBITS PUBLIC DISCLOSURE OF THE INFORMATION
FOR A SPECIFIED PERIOD; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS)
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RECOGNIZING JANUARY AS NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH AND SUPPORTING THE
COLLABORATION BETWEEN THE POWERHOUSE HUMAN
TRAFFICKING STEERING PLANNING COMMITTEE, THE HONORABLE STATE ATTORNEY KATHERINE FERNANDEZ RUNDLE AND DR. MARIA CRISTINA REGUEIOR, FLORIDA NATIONAL UNIVERSITY PRESIDENT/CEO IN HOSTING THE
FIRST ANNUAL STOP HUMAN TRAFFICKING WALK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING COUNCILMAN ERHABOR IGHODARO APPOINTMENT OF MARVLYN SCOTT TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY COUNCILMAN ERHABOR IGHODARO) K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO
RECREATIONAL DESIGN & CONSTRUCTION, INC., FOR
BUNCHE POOL IMPROVEMENTS IN RESPONSE TO RFP 15-16-008; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS PURPOSE; 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
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January 27, 2016 City Council Agenda Page 4
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO ACCEPT THAT CERTAIN GRANT IN THE AMOUNT OF SEVEN
HUNDRED EIGHT THOUSAND DOLLARS ($708,000.00) AND
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST THAT CERTAIN LOCAL AGENCY PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, ATTACHED HERETO AS EXHIBIT
“A,” FOR THE EXTENSION OF THE WESTSIDE BLUEWAY
TRAIL; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 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, AUTHORIZING A RENEWAL OF THAT CERTAIN AGREEMENT WITH SANCHEZ ARRANGO CONSTRUCTION CO., FOR BUS SHELTER MAINTENANCE;
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE
ORDER IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF ONE HUNDRED TEN THOUSAND DOLLARS ($140,000.00) FOR THIS PURPOSE; 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, AWARDING A BID TO CINEMASSIVE DISPLAYS, LLC FOR THE PURCHASE,
INSTALLATION AND MAINTENANCE OF A VIDEO WALL,
VIDEO WALL PROCESSOR, AND RELATED EQUIPMENT AND SOFTWARE FOR THE CITY’S REAL TIME CRIME CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS PURPOSE; 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 AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN FY 2015-2016 FISCAL AGENT AGREEMENT WITH THE CHILDREN’S TRUST FOR THE PLACE-BASED SERVICE PARTNERSHIP, IN THE
AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS
($500,000.00), ATTACHED HERETO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY FUTURE AGREEMENTS THAT ARE SUBSTANTIALLY
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SIMILAR, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY ATTORNEY; PROVIDING FOR A NUNC PRO TUNC
MORE EFFECT; PROVIDING FOR INSTRUCTIONS TO THE
CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(L) RESOLUTION(S)
L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE COUNTY RESOLUTION NUMBER R-809-15 CODESIGNATING A PORTION OF 175TH STREET BETWEEN NW 27TH AVENUE
AND NW 37TH AVENUE AS "OFFICER THELMA HARRIS
WAY; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR FELICIA ROBINSON)
L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE LAUNCH
OF THE CITY OF MIAMI GARDENS “GRIO” RADIO STATION WITH LIVE 365; APPROVING PROPOSED POLICIES AND PROCEDURES ATTACHED HERETO AS EXHIBIT “A”; AND
AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL
STEPS NECESSARY TO LAUNCH THE MIAMI GARDENS
“GRIO” RADIO STATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ERHABOR
IGHODARO)
L-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FINAL PLAT FOR “MAJORCA ESTATES” SUBMITTED BY D.R. HORTON,
INC., FOR THE PROPERTY GENERALLY LOCATED AT NW
208TH STREET AND NW 9TH COURT, MORE PARTICULARLY
DESCRIBED ON EXIBIT “A” ATTACHED HERETO ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
None
(N) ORDINANCES ON FOR SECOND READING/PUBLIC
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January 27, 2016 City Council Agenda Page 6
HEARING(S)
None
(O) RESOLUTION(S)/PUBLIC HEARING(S)
O-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN AMENDED DECLARATION OF RESTRICTIONS COVENANT, SUBMITTED BY ANTHONY AMOS A/K/A EDITH INC., FOR
THE PROPERTY GENERALLY LOCATED AT N.W. 2ND AVENUE
AND N.W. 195TH, A COPY OF WHICH IS ATTACHED HERETO
AS EXHIBIT “B”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
(R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
(S) ADJOURNMENT
IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER
THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY
CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS
AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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: Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)X
Sponsor Name Oliver Gilbert, Mayor
Department: Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACKNOWLEDGING MAYOR OLIVER GILBERT’S
REAPPOINTMENT OF MIGUEL MURPHY TO THE CARIBBEAN
AFFAIRS ADVISORY COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accordance with Section 18-20 of the Code of Ordinances, Mayor Oliver Gilbert reappoints Miguel
Murphy to the Caribbean Affairs Advisory Committee. Mr. Murphy’s term will commence upon
appointment and term shall coincide with the appointing elected official. Once reappointed, Mr.
Murphy will adhere to the duties and powers of the Advisory Committee as outlined in the pertinent
Ordinance.
Item K-1) Consent Agenda
Resolution
Reappt of Miguel Murphy/Caribbean Affairs Advisory Committee
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Proposed Action:
This resolution acknowledges Mayor Gilbert’s reappointment of Miguel Murphy.
Attachment:
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACKNOWLEDGING MAYOR 4 OLIVER GILBERT’S REAPPOINTMENT OF MIGUEL MURPHY 5
TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE; 6
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7
PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the City Council has created the Caribbean Affairs Advisory 10
Committee (“the Committee”), and 11
WHEREAS, Mayor Oliver Gilbert and each member of the City Council have the 12
right to appoint a member to the Committee, and 13
WHEREAS, Mayor Oliver Gilbert has reappointed Miguel Murphy to the 14
Committee, and 15
WHEREAS, it is appropriate for the City Council to acknowledge the 16
appointment, 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby acknowledges Mayor Oliver Gilbert reappointment of Miguel Murphy to the 24
Caribbean Affairs Advisory Committee, with a term that will commence upon 25
reappointment and shall coincide with Mayor Oliver Gilbert’s term. 26
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 27
upon its final passage. 28
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 29
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 30
31
___________________________________ 32
OLIVER GILBERT, III, MAYOR 33 34 35
36
ATTEST: 37
38 39 __________________________________ 40
RONETTA TAYLOR, MMC, CITY CLERK 41
42
43 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 44 45
46
SPONSORED BY: MAYOR OLIVER GILBERT, III 47
48 Moved by: __________________ 49 50
VOTE: _________ 51
52
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 53 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 54 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 55
Councilman David Williams Jr ____ (Yes) ____ (No) 56
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 57
Councilman Rodney Harris ____ (Yes) ____ (No) 58 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 59
60
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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 -
Parks and
Recreation
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education
Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: Public Safety.
N/A X
Sponsor Name Felicia Robinson, Vice Mayor Department: Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE WOMEN’S BREAST AND HEART INITIATIVE (WBHI) DURING THE MONTH OF FEBRUARY AND
PROVIDING AN IN-KIND ROOM AT ROLLING OAKS PARK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The Women’s Breast and Heart Initiative (WBHI) is an outreach organization dedicated to educating
women about the importance of breast health and providing them with the resources to beat the
disease. WBHI provides free breast health awareness, education screening and referrals through
neighborhood door-to-door outreach targeting the underserved. WBHI’s mission is to fight breast
cancer as a life threating disease, one household at a time. The group is requesting that the city provide
Item K-2) Consent Agenda
Resolution
Support of the Women's Breast & Heart Initiative
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a room in-kind at Rolling Oaks Park, 18701 NW 17th Avenue for three days in February 2016. The
awareness events will take place on Saturdays, February 6, 13, and 20, 2016.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
None.
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING THE WOMEN’S 4 BREAST AND HEART INITIATIVE (WBHI) DURING THE MONTH 5
OF FEBRUARY AND PROVIDING AN IN-KIND ROOM AT 6
ROLLING OAKS PARK; PROVIDING FOR THE ADOPTION OF 7
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the Women’s Breast and Heart Initiative (WBHI) is an outreach 10
organization dedicated to educating women about the importance of breast health and 11
providing them with the resources to beat the disease, and 12
WHEREAS, the WBHI provides free breast health awareness, education 13
screening and referrals through neighborhood door-to-door outreach targeting the 14
underserved, and 15
WHEREAS, the WBHI’s mission is to fight breast cancer as a life threating 16
disease, one household at a time, and 17
WHEREAS, the group is requesting that the City provide a room in-kind at 18
Rolling Oaks Park, on February 6, 13th and 20th, 2016, and 19
WHEREAS, Vice Mayor Felicia Robinson is recommending that the City Council 20
support the Women’s Breast and Heart Initiative (WBHI) during the month of February, 21
2016, 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 supports the Women’s Breast And Heart Initiative (WBHI) during the month of 29
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2
February and agress to provide a room in-kind at Rolling Oaks Park, on February 6, 13th 30
and 20th, 2016. 31
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its final passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39
40 41 ATTEST: 42
43
44
__________________________________ 45 RONETTA TAYLOR, MMC, CITY CLERK 46 47
48
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 49
50 51 SPONSORED BY: FELICIA ROBINSON, VICE MAYOR 52
53
Moved by: __________________ 54
55 VOTE: _________ 56 57
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 59
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 60 Councilman David Williams Jr ____ (Yes) ____ (No) 61 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 62
Councilman Rodney Harris ____ (Yes) ____ (No) 63
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64
65
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Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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:
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name Lisa C. Davis, Council Member
Department: Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, OPPOSING HOUSE BILL 4001 WHICH WOULD ALLOW THE CARRYING OF CONCEALED WEAPONS AND FIREARMS ONTO COLLEGE OR UNIVERSITY CAMPUSES; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Currently, Section 790.06(12)(a)13, Florida Statutes, prohibits persons who have valid concealed
weapons or concealed firearms licenses from carrying a concealed weapon or firearm into any college or
university facility unless the licensee is a registered student, employee, or faculty member of such
college or university and the weapon is a stun gun or nonlethal electric weapon or device designed
solely for defensive purposes which does not fire a dart or projectile.
Item K-3) Consent Agenda
Resolution
Opposition of House Bill 4001
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House Bill 4001 is being proposed in the Florida House of Representatives. If adopted, House Bill 4001
would repeal Section 790.06(12)(a)(13) and would authorize persons who have a valid concealed
weapons or concealed firearms license to carry a concealed weapon or firearm into any college or
university facility. Allowing weapons or firearms onto college and university campuses will increase the
opportunity for these weapons to be used.
Councilwoman Lisa Davis recommends that the City Council oppose House Bill 4001.
Proposed Action:
That the City Council approves the attached Resolution.
Attachment:
HB 4001
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, OPPOSING HOUSE BILL 4001 4 WHICH WOULD ALLOW THE CARRYING OF CONCEALED 5
WEAPONS AND FIREARMS ONTO COLLEGE OR UNIVERSITY 6
CAMPUSES; PROVIDING FOR INSTRUCTIONS TO THE CITY 7
CLERK; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10
WHEREAS, currently, Section 790.06(12)(a)13, Florida Statutes, prohibits 11
persons who have valid concealed weapons or concealed firearms licenses from 12
carrying a concealed weapon or firearm into any college or university facility unless the 13
licensee is a registered student, employee, or faculty member of such college or 14
university and the weapon is a stun gun or nonlethal electric weapon or device designed 15
solely for defensive purposes which does not fire a dart or projectile, and 16
WHEREAS, House Bill 4001 would repeal Section 790.06(12)(a)(13) and would 17
authorize persons who have a valid concealed weapons or concealed firearms license 18
to carry a concealed weapon or firearm into any college or university facility, and 19
WHEREAS, allowing weapons or firearms onto college and university campuses 20
will increase the opportunity for these weapons to be used, and 21
WHEREAS, Councilwoman Lisa Davis recommends that the City Council oppose 22
House Bill 4001, 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: EXPRESSION OF OPPOSITION: The City Council of the City of 29
Miami Gardens hereby expresses its opposition to House Bill 4001. 30
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2
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 31
instructed to send a copy of the Resolution to the Speaker of the Florida House of 32
Representatives. 33
Section 4: 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
43
ATTEST: 44
45 46 __________________________________ 47
RONETTA TAYLOR, MMC, CITY CLERK 48
49
50 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 51 52
53
SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 54
55 Moved by: __________________ 56 57
VOTE: _________ 58
59
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 61 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62
Councilman David Williams Jr ____ (Yes) ____ (No) 63
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 64
Councilman Rodney Harris ____ (Yes) ____ (No) 65 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 66
67
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HB 4001 2016
CODING: Words stricken are deletions; words underlined are additions.
hb4001-00
Page 1 of 2
FLORIDA HOUSE OF REP RESENTATIVE S
A bill to be entitled 1
An act relating to licenses to carry concealed weapons 2
or firearms; amending s. 790.06, F.S.; deleting a 3
provision prohibiting concealed carry licensees from 4
openly carrying a handgun or carrying a concealed 5
weapon or firearm into a college or university 6
facility; providing an effective date. 7
8
Be It Enacted by the Legislature of the State of Florida: 9
10
Section 1. Paragraph (a) of subsection (12) of section 11
790.06, Florida Statutes, is amended to read: 12
790.06 License to carry concealed weapon or firearm.— 13
(12)(a) A license issued under this section does not 14
authorize any person to openly carry a handgun or carry a 15
concealed weapon or firearm into: 16
1. Any place of nuisance as defined in s. 823.05; 17
2. Any police, sheriff, or highway patrol station; 18
3. Any detention facility, prison, or jail; 19
4. Any courthouse; 20
5. Any courtroom, except that nothing in this section 21
would preclude a judge from carrying a concealed weapon or 22
determining who will carry a concealed weapon in his or her 23
courtroom; 24
6. Any polling place; 25
7. Any meeting of the governing body of a county, public 26
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Page 2 of 2
FLORIDA HOUSE OF REP RESENTATIVE S
school district, municipality, or special district; 27
8. Any meeting of the Legislature or a committee thereof; 28
9. Any school, college, or professional athletic event not 29
related to firearms; 30
10. Any elementary or secondary school facility or 31
administration building; 32
11. Any career center; 33
12. Any portion of an establishment licensed to dispense 34
alcoholic beverages for consumption on the premises, which 35
portion of the establishment is primarily devoted to such 36
purpose; 37
13. Any college or university facility unless the licensee 38
is a registered student, employee, or faculty member of such 39
college or university and the weapon is a stun gun or nonlethal 40
electric weapon or device designed solely for defensive purposes 41
and the weapon does not fire a dart or projectile; 42
13.14. The inside of the passenger terminal and sterile 43
area of any airport, provided that no person shall be prohibited 44
from carrying any legal firearm into the terminal, which firearm 45
is encased for shipment for purposes of checking such firearm as 46
baggage to be lawfully transported on any aircraft; or 47
14.15. Any place where the carrying of firearms is 48
prohibited by federal law. 49
Section 2. This act shall take effect July 1, 2016. 50
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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:
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name Lisa C. Davis, Council Member
Department: Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, SUPPORTING HOUSE BILL 475, WHICH PROVIDES AN EXEMPTION FROM PUBLIC RECORDS REQUIREMENTS FOR PERSONAL IDENTIFYING INFORMATION OF A WITNESS TO A FELONY AND THAT PROHIBITS PUBLIC
DISCLOSURE OF THE INFORMATION FOR A SPECIFIED PERIOD; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Section 119.071 of the Florida Statues, provides for certain exemptions from the Public Records Laws.
Currently the public records laws do not protect the identifying information of a witness who has
observed a felony. This may prohibit people who have witnessed a felony from coming forward to assist
law enforcement with solving certain crimes. House Bill 475, sponsored by State Representatives
Barbara Watson and Cynthia Stafford would exempt from public disclosure, any information that
Item K-4) Consent Agenda
Resolution
Support of House Bill 475
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identifies the witness to a felony until the prosecution of the felony or expiration of the statute of
limitations, whichever occurs first. If there is no statute of limitation, the exemption would apply until
the conclusion of the prosecution of the felony or ten years after the commission of the felony,
whichever occurs first.
Councilwoman Lisa C. Davis is recommending that the City Council support House Bill 475.
Proposed Action:
That the City Council approves the attached Resolution.
Attachment:
HB 475
22 of 268
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING HOUSE BILL 475, 4 WHICH PROVIDES AN EXEMPTION FROM PUBLIC RECORDS 5
REQUIREMENTS FOR PERSONAL IDENTIFYING 6
INFORMATION OF A WITNESS TO A FELONY AND THAT 7
PROHIBITS PUBLIC DISCLOSURE OF THE INFORMATION FOR 8 A SPECIFIED PERIOD; PROVIDING FOR INSTRUCTIONS TO 9 THE CITY CLERK; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, Section 119.071 of the Florida Statues, provides for certain 13
exemptions from the Public Records Laws, and 14
WHEREAS, currently the public records laws do not protect the identifying 15
information of a witness who has observed a felony, which may prohibit people who 16
have witnessed a felony from coming forward to assist law enforcement with solving 17
certain crimes, and 18
WHEREAS, House Bill 475, sponsored by State Representatives Barbara 19
Watson and Cynthia Stafford would exempt from public disclosure, any information that 20
identifies the witness to a felony until the prosecution of the felony or expiration of the 21
statute of limitations, whichever occurs first, and 22
WHEREAS, if there is no statute of limitation, the exemption would apply until the 23
conclusion of the prosecution of the felony or ten years after the commission of the 24
felony, whichever occurs first, and 25
WHEREAS, Councilwoman Lisa C. Davis is recommending that the City Council 26
support House Bill 475, 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: EXPRESSION OF SUPPORT: The City Council of the City of 33
Miami Gardens hereby expressed its support for House Bill 475. 34
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 35
instructed to send a copy of this Resolution to the Speaker of the Florida House of 36
Representatives. 37
Section 4: 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
24 of 268
3
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
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CS/HB 475 2016
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hb0475-01-c1
Page 1 of 3
FLORIDA HOUSE OF REPRE SENTATIVE S
A bill to be entitled 1
An act relating to public records; amending s. 2
119.071, F.S.; providing an exemption from public 3
records requirements for personal identifying 4
information of a witness to a felony for a specified 5
period; authorizing specified entities to receive the 6
information; providing for future legislative review 7
and repeal of the exemption; providing a statement of 8
public necessity; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Paragraph (m) is added to subsection (2) of 13
section 119.071, Florida Statutes, to read: 14
119.071 General exemptions from inspection or copying of 15
public records.— 16
(2) AGENCY INVESTIGATIONS.— 17
(m)1. Notwithstanding any other provision of this 18
subsection, the personal identifying information of a witness to 19
a felony is confidential and exempt from s. 119.07(1) and s. 20
24(a), Art. I of the State Constitution for 2 years after the 21
date on which the felony is observed by the witness. The 22
personal identifying information may be disclosed only to a 23
criminal justice agency or governmental entity for use in the 24
performance of official duties. 25
2. This paragraph is subject to the Open Government Sunset 26
26 of 268
CS/HB 475 2016
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hb0475-01-c1
Page 2 of 3
FLORIDA HOUSE OF REPRE SENTATIVE S
Review Act in accordance with s. 119.15 and shall stand repealed 27
on October 2, 2021, unless reviewed and saved from repeal 28
through reenactment by the Legislature. 29
Section 2. The Legislature finds that it is a public 30
necessity that personal identifying information of a witness to 31
a felony be made confidential and exempt from s. 119.07(1), 32
Florida Statutes, and s. 24(a), Article I of the State 33
Constitution for 2 years after the date on which the felony is 34
observed by the witness. The judicial system cannot function 35
without the participation of witnesses. Complete cooperation and 36
truthful testimony of witnesses is essential to the 37
determination of the facts of a case. The public disclosure of 38
personal identifying information of a witness to a felony could 39
have an undesirable chilling effect on witnesses stepping 40
forward and providing their accounts of felonies. A witness to a 41
felony may be unwilling to cooperate fully with law enforcement 42
officers if the witness knows his or her personal identifying 43
information can be made publicly available. A witness may be 44
less likely to call a law enforcement officer and report a crime 45
if his or her personal identifying information is made available 46
in connection with the felony that is being reported or under 47
investigation. The Legislature further finds that a witness 48
could become the subject of intimidation tactics or threats by 49
the perpetrator of the felony if the witness's personal 50
identifying information is publicly available. For these 51
reasons, the Legislature finds that it is a public necessity 52
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CS/HB 475 2016
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Page 3 of 3
FLORIDA HOUSE OF REPRE SENTATIVE S
that the personal identifying information of a witness to a 53
felony be made confidential and exempt from public record 54
requirements. 55
Section 3. This act shall take effect July 1, 2016. 56
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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:
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name Lisa C. Davis, Council Member
Department: Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, RECOGNIZING JANUARY AS NATIONAL SLAVERY AND HUMAN
TRAFFICKING PREVENTION MONTH AND SUPPORTING THE COLLABORATION BETWEEN THE POWERHOUSE HUMAN TRAFFICKING STEERING PLANNING COMMITTEE, THE HONORABLE STATE ATTORNEY
KATHERINE FERNANDEZ RUNDLE AND DR. MARIA CRISTINA REGERIOR,
FLORIDA NATIONAL UNIVERSITY PRESIDENT/CEO IN HOSTING THE FIRST
ANNUAL HUMAN TRAFFICKING WALK; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
January is National Slavery and Human Trafficking Prevention Month. More particularly, January 11th is
National Human Trafficking Awareness Day, which is observed annually. The POWERHOUSE Human
Item K-5) Consent Agenda
Resolution
National Slavery & Human Trafficking Prevention Month
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18605 NW 27th Avenue
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Trafficking Steering Planning Committee, which Councilwoman Davis is a member of, in collaboration
with the Honorable State Attorney Katherine Fernandez Rundle and Dr. Maria Cristina Regueior, Florida
National University President/Ceo is hosting the First Annual Stop Human Trafficking Walk in Observance
of Human Trafficking Awareness Month.
In the struggle to eradicate Human Trafficking and in observance of National Slavery and Human
Trafficking Prevention Month, Councilwoman Davis solicits the Council’s support of this event. The
event is scheduled for Friday, January, 29, 2016, at Florida National University Hialeah Campus, 4425
West Jose Regueiro (20th) Avenue, Hialeah, Florida, starting at 10:00 AM.
Proposed Action:
Councilwoman Lisa C. Davis is recommending that the City Council support this collaboration and that
the City Council approves the attached Resolution.
Attachment:
30 of 268
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, RECOGNIZING JANUARY AS 4 NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION 5
MONTH AND SUPPORTING THE THE COLLABORATION 6
BETWEEN THE POWERHOUSE HUMAN TRAFFICKING 7
STEERING PLANNING COMMITTEE, THE HONORABLE STATE 8 ATTORNEY KATHERINE FERNANDEZ RUNDLE AND DR. 9 MARIA CRISTINA REGUEIOR, FLORIDA NATIONAL 10
UNIVERSITY PRESIDENT/CEO IN HOSTING THE FIRST 11
ANNUAL STOP HUMAN TRAFFICKING WALK; PROVIDING FOR 12
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 13 EFFECTIVE DATE. 14 15
WHEREAS, January is National Slavery and Human Trafficking Prevention 16
Month, and 17
WHEREAS, January 11th is National Human Trafficking Awareness Day, which is 18
observed annually, and 19
WHEREAS, The POWERHOUSE Human Trafficking Steering Planning 20
Committee, which Councilwoman Davis is a member, in collaboration with the 21
Honorable State Attorney Katherine Fernandez Rundle and Dr. Maria Cristina Regueior, 22
Florida National University President/Ceo is hosting the First Annual Stop Human 23
Trafficking Walk in Observance of Human Trafficking Awareness Month, and 24
WHERAES, in the struggle to eradicate Human Trafficking and in observance of 25
National Slavery and Human Trafficking Prevention Month, Councilwoman Davis solicits 26
the Council’s support of this event, and 27
WHEREAS, the event is scheduled for Friday, January, 29, 2016, at Florida 28
National University Hialeah Campus, 4425 West Jose Regueiro (20th) Avenue, Hialeah, 29
Florida, starting at 10:00 AM., 30
WHEREAS, Councilwoman Davis is recommending that the City Council support 31
the collaboration between the POWERHOUSE Human Trafficking Steering Planning 32
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2
Committee, the Honorable State Attorney Katherine Fernandez Rundle and Dr. Maria 33
Cristina Regueior, Florida National University President/Ceo in hosting the First Annual 34
Stop Human Trafficking Walk in Observance of Human Trafficking Awareness Month, 35
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 37
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 38
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 39
made a specific part of this Resolution. 40
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 41
hereby recognizes January as National Slavery And Human Trafficking Prevention 42
Month and supports the the collaboration between the Powerhouse Human Trafficking 43
Steering Planning Committee, the Honorable State Attorney Katherine Fernandez 44
Rundle and Dr. Maria Cristina Regueior, Florida National University President/Ceo in 45
hosting the First Annual Stop Human Trafficking Walk. 46
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 47
upon its final passage. 48
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 49
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 50
51
___________________________________ 52 OLIVER GILBERT, III, MAYOR 53
54
55
56 ATTEST: 57 58
59
__________________________________ 60
RONETTA TAYLOR, MMC, CITY CLERK 61
32 of 268
3
62
63
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 64 65 66
SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 67
68
Moved by: __________________ 69 70 VOTE: _________ 71
72
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 73
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 74 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 75 Councilman David Williams Jr ____ (Yes) ____ (No) 76
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 77
Councilman Rodney Harris ____ (Yes) ____ (No) 78
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 79
80
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18605 NW 27th Avenue
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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:
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name 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, ACKNOWLEDGING COUNCILMAN ERHABOR
IGHODARO’S APPOINTMENT OF MARVLYN SCOTT TO THE
CARIBBEAN AFFAIRS ADVISORY COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accordance with Section 18-20 of the Code of Ordinances, Councilman Erhabor Ighodaro appoints
Marvlyn Scott to the Caribbean Affairs Advisory Committee. Ms. Scott’s term will commence upon
appointment and term shall coincide with the appointing elected official. Once reappointed, Ms. Scott
will adhere to the duties and powers of the Advisory Committee as outlined in the pertinent Ordinance.
Item K-6) Consent Agenda
Resolution
Appt of Marvlyn Scott/ Caribbean Affairs Advisory Board
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Proposed Action:
This resolution acknowledges Councilman Ighodaro’s appointment of Marvlyn Scott.
Attachment:
35 of 268
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACKNOWLEDGING COUNCILMAN 4 ERHABOR IGHODARO’S APPOINTMENT OF MARVLYN SCOTT 5
TO THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE; 6
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7
PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, the City Council has created the Caribbean Affairs Advisory 10
Committee (“the Committee”), and 11
WHEREAS, Councilman Erhabor Ighodaro and each member of the City Council 12
have the right to appoint a member to the Committee, and 13
WHEREAS, Councilman Erhabor Ighodaro has appointed Marvlyn Scott to the 14
Committee, and 15
WHEREAS, it is appropriate for the City Council to acknowledge the 16
appointment, 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby acknowledges Councilman Erhabor Ighodaro’s appointment of Marvlyn Scott to 24
the Caribbean Affairs Advisory Committee, with a term that will commence upon 25
appointment and shall coincide with Councilman Erhabor Ighodaro’s term. 26
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 27
upon its final passage. 28
36 of 268
2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 29
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 30
31
___________________________________ 32
OLIVER GILBERT, III, MAYOR 33 34 35
36
ATTEST: 37
38 39 __________________________________ 40
RONETTA TAYLOR, MMC, CITY CLERK 41
42
43 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 44 45
46
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO 47
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 27, 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: City of Miami Gardens General Obligation Bond
Funds
Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP No. 15-16-008 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: Capital Improvements X
Sponsor Name
Cameron Benson,
City Manager Department: Capital Improvement Project
(CIP)
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AWARDING A BID TO RECREATIONAL DESIGN
& CONSTRUCTION, INC., FOR BUNCHE POOL IMPROVEMENTS IN
RESPONSE TO RFP 15-16-008; AUTHORIZING THE CITY MANAGER
AND THE CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN
AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
BACKGROUND
Item K-7) Consent Agenda
Resolution
Bid Award/ Recreational Design & Construction, Inc.
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In April 2014, the City of Miami Gardens residents approved a General Obligation Bond in the amount of
$60,000,000 for the construction of and improvements to the City’s parks and related facilities. The City
Council subsequently approved a Bond Implementation Plan that lists and details the proposed
improvements at each park facility or municipal property.
On June 24, 2015 staff issued Request For Qualifications (RFQ) #14-15-033 for Bunche Pool
Improvements, Step One, inviting Design-Build firms or teams to provide qualifications for a future
design-build contract for pool and related facility improvements, technical, schedule and cost proposals
to implement an overall improvement, project at Bunche Pool, located at 15727 NW 22nd Avenue. A
broadcast notice was sent to one thousand and forty-two vendors. Forty-five proposals were requested.
The RFQ opened on July 27, 2015 and five proposals were received and publicly read. The RFQ was
prepared in accordance with Florida Statute 287.055 Consultants Competitive Negotiation Act (CCNA).
On August 26, 2015, the Selection Committee short-listed four (4) firms: D. Stephenson Construction,
Inc.; Di Pompeo Construction Corporation; Recreational Design & Construction, Inc.; and West
Construction, Inc.
CURRENT SITUATION
The Procurement Department applied the City of Miami Gardens Business and Resident Economic
Growth Plan (CMG-BREP) preference to this project. D. Stephenson Construction, Inc.; Di Pompeo
Construction Corporation; Recreational Design & Construction, Inc.; and West Construction, Inc, were all
compliant to the City of Miami Gardens Business Resident Economic Growth Plan (Exhibit 2).
On November 20, 2015, Request for Proposal (RFP) #15-16-008, was issued to the four short-listed
vendors. The RFP was opened on December 22, 2015. Four (4) proposals from the short-listed firms
were received and publicly read.
An Evaluation Committee meeting was held on January 6, 2016. The Evaluation Committee reviewed the
proposals and determined that D. Stephenson Construction, Inc., and Di Pompeo Construction
Corporation were both non-responsive to the requirements of the RFP by submitting a total bid price in
excess of the maximum allowable bid price. West Construction, Inc. inaccurately completed the price
proposal form and was also deemed non-responsive by the Evaluation Committee. On January 6, 2016,
after vendor interviews, evaluation and scoring, Recreational Design & Construction, Inc. was
determined to be both responsive and responsible to the requirements of the RFP and was ranked
number one by the Evaluation Committee (Exhibit 1). The Evaluation Committee's recommendation for
award is to Recreational Design and Construction, Inc.
A copy of the proposal document and submittals are available at the Assistant to the Mayor and
Council’s Office for review.
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Proposed Action:
It is recommended that the City Council approve the Evaluation Committee’s recommendation for
award of RFP #15-16-008, Bunche Park Pool Step 2 to Recreational Design & Construction, Inc. and
authorize the City Manager to proceed with negotiations.
Attachments:
Exhibit 1 – Shortlist - Ranking sheet
Exhibit 2 – City of Miami Gardens Business Resident Economic Growth Plan Memorandum
Exhibit 3 – Bid Tabulation
40 of 268
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AWARDING A BID TO 4 RECREATIONAL DESIGN & CONSTRUCTION, INC., FOR 5
BUNCHE POOL IMPROVEMENTS IN RESPONSE TO RFP 15-16-6
008; AUTHORIZING THE CITY MANAGER AND THE CITY 7
ATTORNEY TO NEGOTIATE AND EXECUTE AN AGREEMENT 8 FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF 9 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, In April 2014, the City of Miami Gardens residents approved a 12
General Obligation Bond in the amount of $60,000,000 for the construction of and 13
improvements to the City’s parks and related facilities, and 14
WHEREAS, the City Council subsequently approved a Bond Implementation 15
Plan that lists and details the proposed improvements at each park facility or municipal 16
property, and 17
WHEREAS, on June 24, 2015 staff issued Request For Qualifications (RFQ) 18
#14-15-033 for Bunche Pool Improvements, Step One, inviting Design-Build firms or 19
teams to provide qualifications for a two-step Design Build competitive solicitation for 20
negotiation and award of a future design-build contract for pool and related facility 21
improvements, and 22
WHEREAS, the RFQ was prepared in accordance with Florida Statue 287.055 23
Consultants Competitive Negotiation Act (CCNA), and 24
WHEREAS, On August 27, 2015, D. Stephenson Construction, Inc., Di Pompeo 25
Construction Corporation, Recreation Design & Construction, Inc., and West 26
Construction, Inc. were shortlisted, and 27
WHEREAS, staff prepared specifications in Request For Proposal (RFP) Number 28
15-16-008 Bunche Pool Step 2, and invited the short listed firms to participate, and 29
WHEREAS, RFP Number 15-16-008 was posted on November 20, 2015, and 30
41 of 268
2
WHEREAS, four (4) proposals were received and publicly read, and 31
WHEREAS, the Evaluation Committee reviewed the proposals and determined 32
that D. Stephenson Construction, Inc., and Di Pompeo Construction Corporation were 33
both non-responsive to the requirements of the RFP by submitting a total bid price in 34
excess of the maximum allowable bid price, and 35
WHEREAS, West Construction, Inc. inaccurately completed the price proposal 36
form and was also deemed non-responsive by the Evaluation Committee, and 37
WHEREAS, Recreational Design & Construction, Inc. was determined to be both 38
responsive and responsible to the requirements of the RFP and was ranked number 39
one by the Evaluation Committee, and 40
WHEREAS, the City Manager recommends that the City Council award a bid to 41
Recreational Design & Construction, Inc. for Bunche Pool improvements, 42
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 43
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 44
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 45
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 46
made a specific part of this Resolution. 47
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 48
hereby awards a bid to Recreational Design & Construction, Inc., for Bunche Pool 49
improvements in response to RFP 15-16-008; and authorizes the City Manager to 50
negotiate and execute an agreement for this purpose. 51
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 52
upon its final passage. 53
42 of 268
3
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 54
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 55
56
___________________________________ 57
OLIVER GILBERT, III, MAYOR 58 59 60
61
ATTEST: 62
63 64 __________________________________ 65
RONETTA TAYLOR, MMC, CITY CLERK 66
67
68 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 69 70
71
SPONSORED BY: CAMERON BENSON, CITY MANAGER 72
73 Moved by: __________________ 74 75
VOTE: _________ 76
77
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 78 Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 79 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 80
Councilman David Williams Jr ____ (Yes) ____ (No) 81
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 82
Councilman Rodney Harris ____ (Yes) ____ (No) 83 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 84
85
43 of 268
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45 of 268
46 of 268
Division 01 - General Requirements Qty Units Unit Cost Subtotal Cost
1 LS $240,000.00 $240,000.00
1 LS $185,000.00 $185,000.00
1 LS $20,000.00 $20,000.00
1 LS $49,750.00 $49,750.00
1 LS $300,000.00 $300,000.00
Division 02 - Existing Conditions
Asbestos and Lead Based Paint Abatement 1 LS $1,050.00 $1,050.00
Pool House Demolition 1 LS $18,500.00 $18,500.00
Pool and Deck Demolition 1 LS $19,980.00 $19,980.00
Other Site Demolition 1 LS $9,750.00 $9,750.00
Division 10 - Specialties 1 LS $1,575.00 $1,575.00
Division 12 - Furnishings 1 EA $580.00 $580.00
Trash and Litter Receptors 6 EA $1,100.00 $6,600.00
25 EA $250.00 $6,250.00
5 EA $1,200.00 $6,000.00
6' Bench by Wabash 2 EA $1,250.00 $2,500.00
Flag Pole 1 EA $4,850.00 $4,850.00
Division 13 - Special Construction
1 LS INCLUDED INCLUDED
1 LS $152,500.00 $152,500.00
1 LS $75,570.00 $75,570.00
1 LS $288,750.00 $288,750.00
1 LS $532,995.00 $532,995.00
1 LS $42,000.00 $42,000.00
1 LS $36,680.00 $36,680.00
1 LS $8,750.00 $8,750.00
Division 22 - Plumbing
3 EA $2,400.00 $7,200.00
Division 26 - Electrical
1 LS $70,500.00 $70,500.00
Lightning Protection/Detection/Prediction 1 LS $7,255.00 $7,255.00
Division 28 - Electronic Safety and Security
1 LS $6,400.00 $6,400.00
1 LS $1,800.00 $1,800.00
Division 31 - Earthwork
Clearing and Grubbing 1 LS $8,500.00 $8,500.00
1 LS $7,500.00 $7,500.00
Division 32 - Exterior Improvements
17500 SF $3.00 $52,500.00
Concrete Paving and Walks 6500 SF $6.00 $39,000.00
Curbs and Gutters 1300 LF $25.00 $32,500.00
Chain Link Fence 391 LF $18.00 $7,038.00
Picket Fence 436 LF $81.00 $35,316.00
Estate Style Fence 545 LF $83.00 $45,235.00
Irrigation System - Complete 1 LS $25,000.00 $25,000.00
Irrigation Meter and Backflow Preventer 1 LS $3,000.00 $3,000.00
Sod 17000 SF $1.05 $17,850.00
Shrubs 765 EA $12.25 $9,371.25
Trees Shade Trees 38 EA $480.00 $18,240.00
Palms 24 EA $645.00 $15,480.00
Flowering And Small Trees 1 EA $8,525.00 $8,525.00
Tree Protection Fencing 1 LS $8,000.00 $8,000.00
Tree Pruning 1 LS $8,000.00 $8,000.00
Division 33 - Site Utilities
1 LS $47,550.00 $47,550.00
1 LS $2,100.00 $2,100.00
FPL, Comcast, ATT (Power, Telecommunications, TV)1 LS $5,250.00 $5,250.00
$2,498,740.25
Deduct Alternate:
($28,975.00)
Add Alternate:
391 LF 120 $46,920.00
Purchasing Agent: Latora Francis
Recreational Design & Construction, Inc.
RFP No. 15-16-008 Date Bid Opened: December 22, 2015 Exhibit 3
Design Build Bunche Pool Step 2 Bid Submittals: 4
Agency: Capital Improvements Declinations: 0
General Conditions
Design Fees
Permit Allowance
Bonds and Insurance
OH&Profit
Bicycle Racks
Traffic and Site Signage
Pool Deck Chaise Lounges and chairs
Pool Deck tables and Umbrellas
General Conditions
Structure
Finishes
New Pool Building
MEP,Fire, Technology
Public WIFI
New Pool and Deck
Drinking Fountains & Showers
Parking Lot Lighting
Parks Video Surveillance
6'-0" Masonry/Stucco/Painted wall at residential properties
Pool
Dumpster Enclosure with Gates
Asphalt Paving
Fine Grading
DESIGN BUILD BASE BID PRICE:
Onsite Water & Sewer, Drainage
Offsite Water & Sewer, Drainage
Deck
Heating
Omit Right Hand Turn lane on Bunche Park East Drive
47 of 268
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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 Department of Transportation Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #:
X
Sponsor Name
Cameron Benson
City Manager
Department: Public Works Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY TO ACCEPT THAT CERTAIN GRANT IN
THE AMOUNT OF SEVEN HUNDRED EIGHT THOUSAND DOLLARS ($708,000.00) AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST THAT CERTAIN LOCAL AGENCY PROGRAM
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION,
ATTACHED HERETO AS EXHIBIT “A,” FOR THE EXTENSION OF THE
WESTSIDE BLUEWAY TRAIL; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
On May, 2005, the Planning and Zoning Department in conjunction with the Public Works Department
and the School Crossing Guard Department submitted an application to the Metropolitan Planning
Organization (MPO) to be eligible to receive grant funding under the Transportation Enhancement
Program (TEP). The TEP is an element of the Federal Highway Administration’s (FHWA) Surface
Transportation Program that provides funds for the development of “non-traditional” transportation
projects.
Item K-8) Consent Agenda
Resolution
FDOT Westside Blueway Trail
48 of 268
18605 NW 27th Avenue
Miami Gardens, Florida 33056
The total amount awarded to complete the various school safety enhancement and educational projects
within the City of Miami Gardens is $708,000. There are no matching requirements from the City of
Miami Gardens. Phase 1 of this project was completed in 2012 and consisted of a pedestrian bridge
crossing at NW 173rd Drive and NW 42nd Avenue. The bridge connects to a newly constructed trail that
terminates at NW 179th Street.
A LAP agreement is required for each transportation project the City receives financial assistance from
the Florida Department of Transportation (FDOT). The agreement states the terms and conditions upon
which the assistance will be provided, and the understandings as to the manner in which the project will
be undertaken and completed. This agreement is for the extension of the trail to the intersection of NW
191st and NW39th Avenue.
The following is a breakdown of the project:
Phase 11 of the Westside Blueway Trail is a continuation of Phase 1, constructed in 2012 and also
funded by the FDOT. Phase 1 extends in a curvilinear fashion beginning at NW 171st Street running north
along the west side of NW 42nd Avenue and ending at the bridge at NW 179th Street. In this phase, the
existing trail will be extended in a similar curvilinear fashion eastward along the Carol City Canal A, then
north providing accessibility across NW 183 Street (Miami Gardens) Drive. From there it will continue
north along the existing swale area to the West side of NW 39 St Court and onto NW 191st Street. The
project shall constitute of a ten (10) foot wide multipurpose trail with amenities, landscaping, privacy
fence and appropriate way finding signs and mile markers. The trail is approximately one (1) mile in
length.
Proposed Action:
It is recommended that the City Council approve the proposed resolution authorizing the City Manager
to execute the Local Agency Program Agreement with the FDOT.
Attachment:
Attachment A: Lap Agreement (Includes exhibits A, B & E)
Exhibit A: Project Description and Responsibilities
Exhibit B: Schedule of Funding
Exhibit E: Title VI Assurances
49 of 268
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO 4 ACCEPT THAT CERTAIN GRANT IN THE AMOUNT OF SEVEN 5
HUNDRED EIGHT THOUSAND DOLLARS ($708,000.00) AND 6
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO 7
EXECUTE AND ATTEST THAT CERTAIN LOCAL AGENCY 8 PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT 9 OF TRANSPORTATION, ATTACHED HERETO AS EXHIBIT “A,” 10
FOR THE EXTENSION OF THE WESTSIDE BLUEWAY TRAIL; 11
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 12
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 13 PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, City staff submitted an application to the Metropolitan Planning 16
Organization (MPO) to be eligible to receive grant funding under the Transportation 17
Enhancement Program (TEP), and 18
WHEREAS, the TEP is an element of the Federal Highway Administration’s 19
(FHWA) Surface Transportation Program that provides funds for the development of 20
“non-traditional” transportation projects, and 21
WHEREAS, the City was awarded $708,000 for the extension of the Westside 22
Blueway Trail, and 23
WHEREAS, the City is required to enter into a Local Agency Program Agreement 24
with the Florida Department of Transportation for this purpose, and 25
WHEREAS, there is no matching requirement for the grant, 26
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 29
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
50 of 268
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 33
hereby accepts that certain $708,000 grant award from the Florida Department of 34
Transportation to extend the Westside Blueway Trail and authorizes the City Manager 35
and City Clerk to execute and attest that certain agreement attached hereto as Exhibit 36
“A.” 37
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 38
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 39
be maintained by the City, and one to be delivered to the Florida Department of 40
Transportation. 41
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 42
upon its final passage. 43
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 44
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 45
46
___________________________________ 47 OLIVER GILBERT, III, MAYOR 48
49
50
51 ATTEST: 52 53
54
__________________________________ 55
RONETTA TAYLOR, MMC, CITY CLERK 56 57 58
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59
60
61 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 62 63
Moved by: __________________ 64
65
VOTE: _________ 66
51 of 268
3
67
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 68
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 69 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 70 Councilman David Williams Jr ____ (Yes) ____ (No) 71
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72
Councilman Rodney Harris ____ (Yes) ____ (No) 73
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 74
75
52 of 268
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC– 08/15 Page 1 of 15
FPN: 420914-3 Fund: FLAIR Approp: Federal No: 4042-441-C Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp:
Federal No: Org Code: FLAIR Obj:
FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj:
County No:Miami-Dade (87) Contract No: Vendor No: VF 113695944001
FDOT Data Universal Number System (DUNS) No: 80-939-7102 Local Agency DUNS No: 199472692
Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction
THIS LOCAL AGENCY PROGRAM AGREEMENT (“Agreement”), is made and entered into this day of , between the State of Florida, Department of Transportation, an agency of the State of Florida
(“Department”), and City of Miami Gardens (“Agency”).
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows:
1. Authority: The Agency, by Resolution No. dated the day of , 20 , a
copy of which is attached as Exhibit “F” and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section 339.12, Florida Statutes, to enter into this
Agreement. 2. Purpose of Agreement: The purpose of this Agreement is to provide for the Department’s participation in RECREATIONAL SAFETY AND TRAIL ENHANCEMENT, as further described in Exhibit "A", Project Description and
Responsibilities attached to and incorporated in this Agreement (“Project”), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in
which the Project will be undertaken and completed. 3. Term of Agreement: The Agency agrees to complete the Project on or before Oct, 31, 2017. If the Agency does not complete the Project within this time period, this Agreement will expire on the last day of the scheduled completion as
provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the
Project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 4. Project Cost: A. The total cost of the Project is $ 708,000.00. This amount is based upon the schedule of funding in
Exhibit "B", Schedule of Funding attached to and incorporated in this Agreement. The Agency agrees to bear all expenses in excess of the total cost of the Project and any deficits involved. The schedule of
funding may be modified by mutual agreement as provided for in paragraph 5.I.
B. The Department agrees to participate in the Project cost up to the maximum amount of $ and as more fully described in Exhibit "B". This amount includes Federal-aid funds which are limited to the actual
amount of Federal-aid participation.
C. Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible Project costs is subject to:
i. Legislative approval of the Department's appropriation request in the work program year that the
Project is scheduled to be committed;
53 of 268
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC– 08/15 Page 2 of 15
ii. Availability of funds as stated in subparagraphs 5.L. and 5.M. of this Agreement;
iii. Approval of all plans, specifications, contracts or other obligating documents and all other terms
of this Agreement; and
iv. Department approval of the Project scope and budget at the time appropriation authority becomes available.
5. Requisitions and Payments:
A. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable
must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables
are described more fully in Exhibit “A”.
B. Invoices shall be submitted by the Agency in detail sufficient for a proper pre-audit and post-audit based on the quantifiable, measurable and verifiable units of deliverables as established in Exhibit “A”.
Deliverables must be received and accepted in writing by the Department’s Project Manager prior to payments.
C. The Agency shall charge to the Project account all eligible costs of the Project except costs agreed to be
borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be
considered eligible costs. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts
or vouchers evidencing in proper detail the nature and propriety of the charges.
D. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency 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” was met.
E. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department’s
Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Disbursement Handbook for Employees and Managers.
F. Payment shall be made only after receipt and approval of goods and services unless advance payments
are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the
Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Agency shall, within five days after notice from
the Department, provide the Department with a corrective action plan describing how the Agency 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 Agency 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 Agency resolves the deficiency. If the deficiency
is subsequently resolved, the Agency may bill the Department for the retained amount during the next billing period. If the Agency is unable to resolve the deficiency, the funds retained may be forfeited at the
end of the Agreement’s term. G. Agencies providing goods and services to the Department should be aware of the following time frames. Inspection and approval of goods or services shall take no longer than 20 days from the Department’s
receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is
received or the goods or services are received, inspected, and approved.
54 of 268
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC– 08/15 Page 3 of 15
If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment.
Invoices that have to be returned to an Agency because of Agency 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 Agencies who may be experiencing problems in obtaining
timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516.
H. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this 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 of costs incurred include the Agency's general accounting records and the project
records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the Contractor and subcontractors considered
necessary by the Department for a proper audit of costs.
I. Prior to the execution of this Agreement, a Project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the
Project, and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved schedule of funding for the Project. The schedule of funding may be revised by
execution of a Local Agency Program (“LAP”) Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project may be reduced upon
determination of the agency’s contract award amount. If revised, a copy of the Supplemental Agreement shall be forwarded to the Department's Comptroller. No increase or decrease shall be effective unless it
complies with fund participation requirements of this Agreement and is approved by the Department’s Comptroller.
J. If, after Project completion, any claim is made by the Department resulting from an audit or for work or
services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if,
upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department.
K. The Agency must submit the final invoice on the Project to the Department within 120 days after the
completion of the Project. Invoices submitted after the 120-day time period may not be paid.
L. The Department’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years,
funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit “B” for funding levels by fiscal year. Project costs utilizing these fiscal year funds
are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available.
M. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year,
the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated:
"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 1 year, but any contract so made shall be
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executory only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term
for a period of more than 1 year."
6. Department Payment Obligations: Subject to other provisions of this Agreement, the Department will honor requests for reimbursement to the Agency pursuant to this Agreement. However, notwithstanding any other provision of
this Agreement, the Department may elect by notice in writing not to make a payment if:
A. The Agency shall have made misrepresentation of a material nature in its application, or any supplement or amendment to its application, or with respect to any document or data furnished with its application or
pursuant to this Agreement;
B. There is any pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the Project, the Agreement or payments to the
Project;
C. The Agency shall have taken any action pertaining to the Project which, under this Agreement, requires the approval of the Department or has made a related expenditure or incurred related obligations without
having been advised by the Department that same are approved;
D. There has been any violation of the conflict of interest provisions contained in paragraph 16.J.; or
E. The Agency has been determined by the Department to be in default under any of the provisions of the Agreement.
The Department may suspend or terminate payment for that portion of the Project which the Federal Highway
Administration (“FHWA”), or the Department acting in lieu of FHWA, may designate as ineligible for Federal-aid.
In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the Department’s issuance of a Notice to Proceed (“NTP”), costs incurred after the expiration of the Agreement, costs
which are not provided for in the latest approved schedule of funding in Exhibit “B” for the Project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice
time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department.
7. General Requirements: The Agency shall complete the Project with all practical dispatch, in a sound,
economical, and efficient manner, and in accordance with the provisions in this Agreement, and all applicable laws. The Project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and
directives as described in the Department's Local Agency Program Manual, which by this reference is made a part of this Agreement. Time is of the essence as to each and every obligation under this Agreement.
A. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate,
and consistent with the terms, conditions, and specifications of this Agreement shall be in responsible charge of the Project, which employee should be able to perform the following duties and functions:
i. Administers inherently governmental project activities, including those dealing with cost, time,
adherence to contract requirements, construction quality and scope of Federal-aid projects;
ii. Maintains familiarity of day to day Project operations, including Project safety issues;
iii. Makes or participates in decisions about changed conditions or scope changes that require change orders or supplemental agreements;
iv. Visits and reviews the Project on a frequency that is commensurate with the magnitude and
complexity of the Project;
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v. Reviews financial processes, transactions and documentation to ensure that safeguards are in
place to minimize fraud, waste, and abuse;
vi. Directs Project staff, agency or consultant, to carry out Project administration and contract oversight, including proper documentation;
vii. Is aware of the qualifications, assignments and on-the-job performance of the Agency and
consultant staff at all stages of the Project.
B. Once the Department issues the NTP for the Project, the Agency shall be obligated to submit an invoice
or other request for reimbursement to the Department on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly invoices to the Department, and in the event the
failure to timely submit invoices to the Department results in the “FHWA” removing any unbilled funding or the loss of State appropriation authority (which may include the loss of state and federal funds, if there
are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any
additional funding for the Project. The Agency waives the right to contest such removal of funds by the Department, if the removal is related to FHWA’s withdrawal of funds or if the removal is related to the loss
of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de-certification of the Agency for future LAP Projects. No cost may be incurred under this
Agreement until after the Agency has received a written NTP from the Department. The Agency agrees to advertise or put the Project out to bid thirty (30) days from the date the Department issues the NTP to
advertise the Project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible.
C. If all funds are removed from the Project, including amounts previously billed to the Department and
reimbursed to the Agency, and the Project is off the state highway system, then the Department will have to request repayment for the previously billed amounts from the Agency. No state funds can be used on
off-system projects, unless authorized pursuant to Exhibit “G”, State Funds Addendum, which will be attached to and incorporated in this Agreement in the event state funds are used on the Project.
D. In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is
required under applicable law to enable the Agency to enter into this Agreement or to undertake the Project or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate
and consummate, as provided by law, all actions necessary with respect to any such matters.
E. The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the Project.
F. The Agency shall submit to the Department such data, reports, records, contracts, and other documents
relating to the Project as the Department and FHWA may require. The Agency shall use the Department’s Local Agency Program Information Tool and applicable information systems as required.
G. Federal-aid funds shall not participate in any cost which is not incurred in conformity with applicable
federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be
paid on account of any cost incurred prior to authorization by FHWA to the Department to proceed with
the Project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why
items and amounts are not eligible for federal participation. Where correctable non-compliance with provisions of law or FHWA requirements exists. Federal funds may be withheld until compliance is
obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation in
parcel or Project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice.
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H. For any project requiring additional right-of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be
reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the
Department no later than October 15 of each year.
8. Audit Reports: The administration of resources awarded through the Department to the Agency 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 of additional audits or evaluations of federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official.
The Agency shall comply with all audit and audit reporting requirements as specified below.
A. In addition to reviews of audits conducted in accordance with OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F – Audit
Requirements, for fiscal years beginning on or after December 26, 2014, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including,
reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to
federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed
appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial
Officer (CFO) or State of Florida Auditor General.
B. The Agency, a non-federal entity as defined by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as defined by 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years
beginning on or after December 26, 2014, as a subrecipient of a federal award awarded by the Department through this Agreement is subject to the following requirements:
i. In the event the Agency expends a total amount of federal awards equal to or in excess of the
threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years
beginning on or after December 26, 2014, the Agency must have a federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of OMB Circular A-
133, for fiscal years beginning before December 26, 2014, and in accordance with the provisions of 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after
December 26, 2014. Exhibit “1”, Federal Financial Assistance (Single Audit Act) to this Agreement provides the required federal award identification information needed by the Agency
to further comply with the requirements of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and the requirements of 2 CFR Part 200, Subpart F – Audit Requirements,
for fiscal years beginning on or after December 26, 2014. In determining federal awards expended in a fiscal year, the Agency must consider all sources of federal awards based on when
the activity related to the federal award occurs, including the federal award provided through the Department by this Agreement. The determination of amounts of federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F – Audit
Requirements, for fiscal years beginning on or after December 26, 2014. An audit conducted by
the State of Florida Auditor General in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014, will
meet the requirements of this part.
ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the
auditee responsibilities as provided in OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as provided in 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014.
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iii. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and established by 2 CFR Part 200, Subpart F
– Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards, the Agency is exempt from federal audit requirements for that fiscal year. However, the
Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit@dot.state.fl.us no later than nine months after the end of the Agency’s audit
period for each applicable audit year. In the event the Agency expends less than the threshold established by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and
established by 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014, in federal awards in a fiscal year and elects to have an audit conducted
in accordance with the provisions of OMB Circular A-133, for fiscal years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F – Audit Requirements,
for fiscal years beginning on or after December 26, 2014, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from the Agency’s resources
obtained from other than federal entities).
iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by OMB Circular A-
133, for fiscal years beginning before December 26, 2014, and as required by 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014, within
the earlier of 30 calendar days after receipt of the auditor’s report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by OMB Circular A-
133, for fiscal years beginning before December 26, 2014, and for audits required by 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014,
and this Agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit@dot.state.fl.us within the earlier of 30 calendar days after
receipt of the auditor’s report(s) or nine months after the end of the audit period as required by OMB Circular A-133, for fiscal years beginning before December 26, 2014, and as required by 2
CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014.
v. Within six months of acceptance of the audit report by the FAC, the Department will review the
Agency’s audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has
been taken pertaining to the federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with OMB Circular A-133, for fiscal
years beginning before December 26, 2014, and in accordance with 2 CFR Part 200, Subpart F – Audit Requirements, for fiscal years beginning on or after December 26, 2014, the Department
may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take
appropriate actions to enforce compliance, which actions may include but not be limited to the following:
1. Temporarily withhold cash payments pending correction of the deficiency by the Agency
or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the
cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the federal award;
4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and federal awarding agency regulations (or in the case of the Department, recommend such
a proceeding be initiated by the federal awarding agency); 5. Withhold further federal awards for the Project or program;
6. Take other remedies that may be legally available.
vi. As a condition of receiving this federal award, the Agency shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to Agency’s records including
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financial statements, the independent auditor’s working papers and project records as necessary.
Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved.
vii. The Department’s contact information for requirements under this part is as follows:
Office of Comptroller, MS 24
605 Suwannee Street Tallahassee, Florida 32399-0450
FDOTSingleAudit@dot.state.fl.us
C. The Agency 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 State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department, or its designee, the
CFO, or State of Florida 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.
9. Termination or Suspension of Project: The Department may, by written notice to the Agency, suspend any or all of the Agency’s obligations under this Agreement until such time as the event or condition resulting in such suspension
has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination.
A. If the Department determines that the performance of the Agency is not satisfactory, the Department shall
notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the
deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 9.B. below, or
(2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon
demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency.
B. If the Department terminates the Agreement, the Department shall notify the Agency of such termination
in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated.
C. If the Agreement is terminated before the Project is completed, the Agency shall be paid only for the
percentage of the Project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress on
Department right-of-way will become the property of the Department and will be turned over promptly by the Agency.
D. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any
contractor, sub-contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in
conjunction with this Agreement unless the records are exempt.
E. Upon receipt of any final termination or suspension notice under this paragraph 9., the Agency shall
proceed promptly to carry out the actions required in such notice, which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, Project activities and
contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; or (b) furnish a statement of the Project activities and
contracts and other undertakings the cost of which are otherwise includable as Project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as
approved by the Department or upon the basis of terms and conditions imposed by the Department upon
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the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The
closing out of federal financial participation in the Project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement.
10. Contracts of the Agency:
A. Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract
or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the Project without the
written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves the right to review the
qualifications of any consultant or contractor and to approve or disapprove the employment of such consultant or contractor.
B. It is understood and agreed by the parties to this Agreement that participation by the Department in a
project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency’s complying in full with provisions of Section 287.055,
Florida Statutes, Consultants’ Competitive Negotiation Act, the federal Brooks Act, 23 C.F.R. 172, and 23 U.S.C. 112. At the discretion of the Department, the Agency will involve the Department in the consultant
selection process for all projects funded under this Agreement. In all cases, the Agency shall certify to the Department that selection has been accomplished in compliance with the Consultants’ Competitive
Negotiation Act and the federal Brooks Act.
C. The Agency shall comply with, and require is consultants and contractors to comply with applicable federal law pertaining to the use of Federal-aid funds. The Agency shall comply with the provisions in the
FHWA-1273 form as set forth in Exhibit “C”, FHWA 1273 attached to and incorporated in this Agreement. The Agency shall include FHWA-1273 in all contracts with consultants and contractors performing work
on the Project.
11. Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE’s, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.
The Agency and its contractors agree to ensure that DBE’s have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE’s have the opportunity to compete for and
perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement.
12. Compliance with Conditions and Laws: The Agency shall comply and require its contractors and
subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. Execution of this Agreement constitutes a certification that the Agency is in
compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the “Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – Lower Tier Covered Transactions,” in 49 C.F.R. Part 29, and 2 C.F.R. Part 200 when applicable.
13. Performance Evaluations: Agencies are evaluated on a project-by-project basis. The evaluations provide information about oversight needs and provide input for the recertification process. Evaluations are submitted to the
Agency’s person in responsible charge or designee as part of the Project closeout process. The Department provides the evaluation to the Agency no more than 30 days after final acceptance. A. Each evaluation will result in one of three ratings. A rating of Unsatisfactory Performance means the Agency failed to develop the Project in accordance with applicable federal and state regulations, standards and procedures, required excessive District involvement/oversight, or the Project was brought in-house by the Department. A rating of Satisfactory Performance means the Agency developed the
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Project in accordance with applicable federal and state regulations, standards and procedures, with minimal District involvement/oversight. A rating of Above Satisfactory Performance means the Agency
developed the Project in accordance with applicable federal and state regulations, standards and procedures, without District involvement/oversight. B. The District will determine which functions can be further delegated to Agencies that continuously earn
Satisfactory and Above Satisfactory evaluations. 14. Restrictions, Prohibitions, Controls, and Labor Provisions: During the performance of this Agreement, the Agency agrees as follows, and agrees to require its contractors and subcontractors to include in each subcontract the
following provisions:
A. The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the
Agency pursuant thereto. The Agency shall include the attached Exhibit “E”, Title VI Assurances in all contracts with consultants and contractors performing work on the Project that ensure compliance with
Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations.
B. The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto.
C. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work; may not submit bids on leases of real property to 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 of 36 months from the date of being
placed on the convicted vendor list.
D. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a
bid on a contract to provide 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 entity.
E. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or
perform work for the construction or repair of a public building or public work on a contract with the Agency.
F. Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract,
subcontract or arrangement in connection with the Project or any property included or planned to be included in the Project in which any member, officer or employee of the Agency or the locality during
tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such
interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present
member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in
connection with the Project or any property included or planned to be included in any Project, and shall require its contractors to insert in each of their subcontracts, the following provision:
"No member, officer or employee of the Agency or of the locality during his tenure or for 2 years
thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof."
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The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a
governmental agency.
G. No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom.
15. Indemnification and Insurance:
A. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the
provisions of any part of this 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 Agency guaranties the payment of all just claims for materials, supplies, tools, or labor and other just
claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors, or
consultants/subconsultants who perform work in connection with this Agreement:
“To the fullest extent permitted by law, the Agency’s contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Transportation, and its officers and employees,
from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
the contractor and persons employed or utilized by the contractor in the performance of this Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency’s sovereign immunity.
To the fullest extent permitted by law, the Agency’s consultant shall indemnify and hold harmless
the Agency, the State of Florida, Department of Transportation, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney’s
fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the consultant and persons employed or utilized by the consultant in the performance of this
Contract.
This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Agency’s
sovereign immunity.”
B. The Agency shall, or cause its contractor or consultant to 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 Agency shall also, or cause its contractor or consultant to 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 of Florida. The Agency 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 of any
material change in or cancellation of the policies reflecting the required coverage, thirty days advance
notice shall be given to the Department or as provided in accordance with Florida law.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC– 08/15 Page 12 of 15
16. Miscellaneous Provisions:
A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for
any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable
permits. The Agency shall include in all contracts and subcontracts for amounts in excess of $150,000, a provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this
Agreement.
C. In no event shall the making by the Department of any payment to the Agency constitute 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 Agency 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.
D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of
applicable law.
E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing
hereunder.
F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the
provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the
Department and the Agency to the end that the Agency may proceed as soon as possible with the Project.
G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit
to the Department for approval all appropriate plans and specifications covering the Project. The Department will review all plans and specifications and will issue to the Agency a written approval with
any approved portions of the Project and comments or recommendations covering any remainder of the Project deemed appropriate. After resolution of these comments and recommendations to the
Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the
Department.
H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to authorization for
advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is required.
I. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance with applicable plans and specifications, is in place on the Agency’s facility, adequate title is in the Agency’s name, and the Project is accepted by the Agency as suitable for the intended purpose.
J. The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of
the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension,
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC– 08/15 Page 13 of 15
continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative
agreement. If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member
of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. No funds received pursuant to this contract may be expended for
lobbying the Legislature, the judicial branch or a state agency.
K. The Agency may not permit the Engineer of Record to perform Construction, Engineering and Inspection services on the Project.
L. The Agency agrees to maintain any project not on the State Highway System constructed under this
Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency will will not maintain the improvements made for their useful life.
M. The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any
time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the
funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement.
N. The Agency:
i. shall utilize the U.S. Department of Homeland Security’s E-Verify system to verify the
employment eligibility of all new employees hired by Agency during the term of the contract; and
ii. shall expressly require any contractor 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 subcontractor during the contract term. O. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of
this Agreement with a signature on behalf of a party will be legal and binding on such party. P. The Parties agree to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes.
Q. If the Project is procured pursuant to Chapter 255 for construction services and at the time of the
competitive solicitation for the Project 50 percent or more of the cost of the Project is to be paid from state-appropriated funds, then the Agency must comply with the requirements of Section 255.0991,
Florida Statutes. R. Exhibits
i. Exhibit “A”, Project Description and Responsibilities, is attached and incorporated into this Agreement.
ii. Exhibit “B”, Schedule of Funding, is attached and incorporated into this Agreement.
iii. If this Project includes Phase 58 (construction) activities, then Exhibit “C”, FHWA FORM 1273,
is attached and incorporated into this Agreement.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC– 08/15 Page 14 of 15
iv. An Alternative Pay Method is used on this Project. If an alternative Pay Method is used on this
Project, then Exhibit “D”, Alternative Pay Method, is attached and incorporated into this Agreement.
v. Exhibit “E”, Title VI Assurances is attached and incorporated into this Agreement.
vi. Exhibit “F”, the Agency Resolution authorizing entry into this Agreement, is attached and
incorporated into this Agreement.
vii. State Funds are used on this Project. If State Funds are used on this Project, then Exhibit “G”, State Funds Addendum, is attached and incorporated into this Agreement.
viii. This Project is located off the State Highway System and includes funding for landscaping. If
this Project is located off the State Highway System and includes funding for landscaping, then Exhibit “L”is attached and incorporated into this Agreement.
ix. This Project utilizes Advance Project Reimbursement. If this Project utilizes Advance Project
Reimbursement, then Exhibit “R” is attached and incorporated into this Agreement.
x. This Project includes funding for a roadway lighting system. If the Project includes funding for roadway lighting system, Exhibit “RL” is attached and incorporated into this Agreement.
xi. This Project includes funding for traffic signals and/or traffic signal systems. If this Project
includes funding for traffic signals and/or traffic signals systems, Exhibit “T” is attached and incorporated into this Agreement.
xii. Exhibit “1”, Federal Financial Assistance (Single Audit Act) is attached and incorporated into this
Agreement.
xiii. State Funds are used on this Project. If State Funds are used on this Project, then Exhibit “2”, State Financial Assistance (Florida Single Audit Act), is attached and incorporated into this
Agreement.
The remainder of this page intentionally left blank.
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40 PROGRAM MANAGEMENT OGC– 08/15 Page 15 of 15
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above.
AGENCY City of Miami Gardens STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
By: By: Name: Name:
Title: Title:
Attest: Title:
Legal Review:
___________________________________________________
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT “A”
PROJECT DESCRIPTION AND RESPONSIBILITIES
525-010-40 PROGRAM MANAGEMENT OGC - 08/15 Page 1 of 1
FPN: 420914-3
This exhibit forms an integral part of the Local Agency Program Agreement between the State of Florida, Department of
Transportation and
City of Miami Gardens
PROJECT LOCATION:
The project is on the National Highway System.
The project is on the State Highway System.
PROJECT LENGTH AND MILE POST LIMITS: 1 mile
PROJECT DESCRIPTION:
Phase 11 of the Westside Blueway trail is a continuation of Phase 1, constructed in 2012 and also funded by the FDOT. Phase 1 extends in a curvilinear fashion beginning at NW 171st Street running north along the west side of NW 42nd
Avenue and ending at the bridge at NW 179Th Street. In this project, the existing trail will be extended in a similar curvilinear fashion eastward along the Carol City Canal A, then north providing accessibility across NW 183 Street (Miami
Gardens) Drive. From there it will continue north along the existing swale area to the West side of NW 39 St Court and onto NW 191st Street. The project shall constitute of a 10 foot wide multipurpose trail with amenities, landscaping, privacy
fence and appropriate way finding signs and mile markers. The trail is approximately 1 mile in length.
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the
Department’s contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and
the funding action from any other source with respect to the project.
The Agency shall commence the project’s activities subsequent to the execution of this Agreement and shall perform in
accordance with the following schedule:
a) Study to be completed by Kimley Horn & Associates. b) Design to be completed by Kimley Horn & Associates.
c) Right-of-Way requirements identified and provided to the Department by N/A . d) Right-of-Way to be certified by February 2016.
e) Construction contract to be let by May 2016. f) Construction to be completed by 10/31/2017.
If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is
subject to the withdrawal of federal funding.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT
EXHIBIT “B”
SCHEDULE OF FUNDING
525-010-40B PROGRAM MANGEMENT OGC - 08/15 Page 1 of 1
AGENCY NAME & BILLING ADDRESS CITY OF MIAMI GARDENS
18605 NW 27 Avenue Miami Gardens, FL 33056
FPN: 420914-3
TYPE OF WORK By Fiscal Year
FUNDING
(1) TOTAL PROJECT FUNDS
(2) LOCAL FUNDS
(3) STATE FUNDS (4) FEDERAL FUNDS Planning-18 FY: FY: FY:
Total Planning Cost Project Development & Environment (PD&E) - 28 FY:
FY: FY:
Total PD&E Cost Design - 38 FY:
FY: FY:
Total Design Cost Right-of-Way - 48 FY:
FY: FY:
Total Right-of-Way Cost Construction-58 FY: 2015-2016
FY: FY: FY:
$648,000.00
$648,000.00
Total Construction Cost $648,000.00 $648,000.00 Construction Engineering and Inspection (CEI) - 68 FY: 2015-2016 FY: FY:
$60,000.00
$60,000.00
Total CEI Cost $60,000.00 $60,000.00 Operations – 88 FY: FY: FY:
Total Operations Costs TOTAL COST OF THE PROJECT $708,000.00 $60,000.00 $648,000.00
The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available.
69 of 268
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40E PROGRAM MANAGEMENT OGC– 08/15 Page 1 of 2
Exhibit “E”
TITLE VI ASSURANCES
During the performance of this contract, the consultant or contractor, for itself, its assignees and successors in
interest (hereinafter collectively referred to as the "contractor") agrees as follows:
(1.) Compliance with REGULATIONS: The contractor shall comply with the Regulations relative to
nondiscrimination in federally-assisted programs of the U.S. Department of Transportation
(hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein
incorporated by reference and made a part of this contract.
(2.) Nondiscrimination: The Contractor, with regard to the work performed by it during the contract,
shall not discriminate on the basis of race, color, national origin, or sex in the selection and retention
of sub-contractors, including procurements of materials and leases of equipment. The contractor
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when the contract covers a program set forth in
Appendix B of the REGULATIONS.
(3.) Solicitations for Sub-contractors, including Procurements of Materials and Equipment: In all
solicitations either by competitive bidding or negotiation made by the contractor for work to be
performed under sub-contract, including procurements of materials or leases of equipment, each
potential sub-contractor or supplier shall be notified by the contractor of the contractor's obligations
under this contract and the REGULATIONS relative to nondiscrimination on the basis of race, color,
national origin, or sex.
(4.) Information and Reports: The contractor shall provide all information and reports required by
the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the
Florida Department of Transportation or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, and Federal Motor Carrier Safety
Administration to be pertinent to ascertain compliance with such REGULATIONS, orders and
instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information the contractor shall so certify to the
Florida Department of Transportation, or the Federal Highway Administration, Federal Transit
Administration, Federal Aviation Administration, or Federal Motor Carrier Safety Administration
as appropriate, and shall set forth what efforts it has made to obtain the information.
(5.) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Florida Department of Transportation shall impose
such contract sanctions as it or the Federal Highway Administration, Federal Transit Administration,
Federal Aviation Administration, or
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525-010-40E ROGRAM MANAGEMENT OGC– 08/15 Page 2 of 2
Federal Motor Carrier Safety Administration may determine to be appropriate, including, but not limited to:
a. withholding of payments to the contractor under the contract until the
contractor complies, and/or
b. cancellation, termination or suspension of the contract, in whole or in part.
(6.) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through
(7) in every sub-contract, including procurements of materials and leases of equipment, unless
exempt by the REGULATIONS, or directives issued pursuant thereto. The contractor shall take such
action with respect to any sub-contract or procurement as the Florida Department of Transportation or
the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration,
or Federal Motor Carrier Safety Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance, provided, however, that, in the event a contractor becomes
involved in, or is threatened with, litigation with a sub-contractor or supplier as a result of such
direction, the contractor may request the Florida Department of Transportation to enter into such
litigation to protect the interests of the Florida Department of Transportation, and, in addition, the
contractor may request the United States to enter into such litigation to protect the interests of the
United States.
(7.) Compliance with Nondiscrimination Statutes and Authorities: Title VI of the Civil Rights Act of
1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color,
national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced
or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of
sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as
amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and
Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits
discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of
1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights
Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the programs or activities
of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§
12131 -- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37
and 38; The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898,
Federal Actions to Address Environmental Justice in Minority Populations and Low-Income
Populations, which ensures non-discrimination against minority populations by discouraging
programs, policies, and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations; Executive Order 13166, Improving
Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,
national origin discrimination includes discrimination because of limited English proficiency (LEP). To
ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have
meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education
Amendments of 1972, as amended, which prohibits you from discriminating because of sex in
education programs or activities (20 U.S.C. 1681 et seq).
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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:
Miami- Dade
Citizen’s
Independent Transportation Trust
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: Renewal of
ITB#12-13-006 Bus Shelter Maintenance X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)
X
Sponsor Name
Cameron Benson,
City Manager Department: Public Works Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING A RENEWAL OF THAT CERTAIN
AGREEMENT WITH SANCHEZ ARRANGO CONSTRUCTION CO., FOR BUS SHELTER MAINTENANCE; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED
THE AMOUNT OF ONE HUNDRED TEN THOUSAND DOLLARS
($140,000.00) FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Item K-9) Consent Agenda
Resolution
Agreement Renewal w/ Sanchez Arrango Construction Co.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
The City of Miami Gardens Public Works Department continues to maintain one hundred seventeen
(117) bus shelters, three hundred twenty-five (325) bus benches, and four hundred fifty (450) trash
receptacles. The City Council awarded the current contract in February 13, 2013 in the amount of
$207,370 to Sanchez Arrango Construction Company located in Miami, FL for maintenance of these
amenities.
The initial term of the contract was for a one (1) year period, with an option to renew for three (3)
additional years, on a year to year basis, under the same terms and conditions. The current contract
expires February 13, 2016.
Current Situation
The contract has provision for annual renewals for a maximum of three (3) years; this is the third and
final renewal.
Public Works Department has completed performance evaluations for the vendor. Sanchez Arrango
Construction Company received an average performance evaluation score of 3.17, out of a possible high
score of 5.0. City staff concurs with the renewal of this contract. The vendor’s insurance has been
updated.
Fiscal Impact
Funding for this contract is budgeted under the Transportation Fund Transit Division, provided by CITT
distribution. A budget of $170,000 is provided under the Repairs and Maintenance line item. It is
projected that $140,000 will be utilized for the bus shelter maintenance which will also include any
repairs that may arise.
Proposed Action:
It is recommended that City Council approve the attached resolution to renew the existing contract for
an additional one (1) renewal period to Sanchez Arrango Construction Company for ITB No. 12-13-006
for Bus Shelter Maintenance and authorize the City Manager to issue a Purchase Order of the allocated
budget amount.
Attachment:
Exhibit 1 - Vendor Performance Evaluation Form:
Sanchez Arrango Construction Company
73 of 268
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING A RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH SANCHEZ ARRANGO 5
CONSTRUCTION CO., FOR BUS SHELTER MAINTENANCE; 6
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE 7
ORDER IN AN AMOUNT NOT TO EXCEED THE AMOUNT OF 8 ONE HUNDRED TEN THOUSAND DOLLARS ($140,000.00) FOR 9 THIS PURPOSE; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, on February 13, 2013, City Council awarded a bid for Bus Shelter 13
Maintenance to Sanchez Arango Construction Company, and 14
WHEREAS, the current solicitation allows for annual renewals for a maximum of 15
three years, and the first renewal was approved by Council on September 10, 2014, and 16
WHEREAS, the second renewal was approved by the City Council tjrougjhon 17
February 2015, and 18
WHEREAS, city staff is recommending that the City Council authorize a renewal 19
of the agreement for the additional term of one year through February 2017, 20
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 22
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 23
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 24
made a specific part of this Resolution. 25
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 26
hereby authorizes a renewal of that certain agreement with Sanchez Arango 27
Construction Co., for bus shelter maintenance. The City Council further authorizes the 28
City Manager to issue a Purchase Order in an amount not to exceed the annual 29
allocated budgeted amount of one hundred ten thousand dollars ($140,000.00) for this 30
purpose. 31
74 of 268
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its final passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39 40 41
ATTEST: 42
43
44 __________________________________ 45 RONETTA TAYLOR, MMC, CITY CLERK 46
47
48
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 49 50 51
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 52
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 Davis ____ (Yes) ____ (No) 63
Councilman Rodney Harris ____ (Yes) ____ (No) 64 Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65
66
67
68
75 of 268
City Goal Type
Recommended for future contracts
If other than Yes, provide detailed
explanation as attachment
Email
APPROVED EVALUATION Date
PERFORMANCE RATING SCALE (1-5)
10.) Damage/accident/liability documentation
12.) Proactive participation in resolution of disputes
City staff comments:____________________________________________________________________________________________________________
Supervisor
Name:_____________________________________Signature: ____________________________________________________________
Total Cost
Contract/Project Title
13.) Damage/accident/liability documentation
15.) Did the vendor exercise adequate/effective coordination, and control of
work and paperwork?
11.) Control/coordinate with City staff regarding construction or service as
required in the contract.
14.) Change Order processing (accuracy, timeliness, documentation, etc.)
1.) Cooperation with City staff as well as with Consultant(s)
5.) Competency of vendor superintendent, supervisors and workers
4.) Quality of finished work or service and cleanup
9.) Quality accuracy timeliness of service, work schedule, reports, and records,
etc.
PURCHASING DIVISION VENDOR PERFORMANCE EVALUATION
Contract/ Agreement No.
7.) Responsive to City staff telephone calls and request in a timely manner
8.) Validity of claims for extra costs
EVALUATION CRITERIAThis evaluation provides an indication of the vendors' ability to implement a practical, accurate, complete and cost conscious service/project. For each
item, please provide a numerical score from 1 to 5, in accordance to the performance rating scale. Select N/A if the criteria does not apply to this
evaluation. Reviewer comments must be entered for a rating of 1, 2 or 5.
1 - Unsatisfactory Performance: Service/Project had multiple, significant issues which the (vendor, contractor, consultant) provided no assistance to
resolve and that resulted in substantial time, poor service and cost impacts;
2 - Poor Performance: Service/Project had several issues which the (vendor contractor consultant) provided limited assistance to resolve and that
resulted in significant time and cost impacts;
3- Fair Performance: Service/Project had some issues which the (vendor, contractor, consultant) pursued to resolve and that resulted in acceptable time
and/or cost impacts;
4- Good Performance: Service/Project had some minor issues which the (vendor, contractor, consultant) aggressively pursued to resolve and there
were minor time or cost impacts related to the contractor's performance;
THE FOLLOWING SCALE IS USED TO RANK THE LEVEL OF CONTRIBUTIONS MADE BY THE VENDOR, CONSULTANT,CONTRACTOR TO THE CONTRACT.
Unsatisfactory (1.0- 1.8) I Poor (1.81 - 2.59) I Fair (2.60- 3.19) I Good (3.20- 4.49) I Excellent (4.50- 5.00)
CITY CONTACT INFORMATION
Change Order - Amendments No
CITY OF MIAMI GARDENS
2.) Conformance with schedule of work progress and timeliness of completion
3.) Conformance with contract specification/drawings and other requirements
listed in the contract
6.) Assist City staff in meeting projection/service deadlines
5 - Excellent Performance: Service/Project had no time or cost impacts related to (vendor, contractor, consultant) performance.
Signature:
Print Name:
Substantial Completion Date Final Completion Date
Yes No
To be completed by the Purchasing Division Numerical
Score
Overall Rating
Vendor/Contractor I Consultant Name Phone
Award Amount
76 of 268
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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: City of Miami Gardens General Obligation Bond
Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP No. 14-15-024 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: Capital Improvements X
Sponsor Name
Cameron Benson,
City Manager Department: Capital Improvement Project (CIP)
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AWARDING A BID TO CINEMASSIVE DISPLAYS, LLC FOR THE
PURCHASE, INSTALLATION AND MAINTENANCE OF A VIDEO WALL, VIDEO
WALL PROCESSOR, AND RELATED EQUIPMENT AND SOFTWARE FOR
THE CITY’S REAL TIME CRIME CENTER; AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS
PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
BACKGROUND
Item K-10) Consent Agenda
Resolution
Video Wall
77 of 268
18605 NW 27th Avenue
Miami Gardens, Florida 33056
The City completed its new Public Safety Building located at 18611 NW 27th Avenue, directly adjacent to
Miami Gardens City Hall. The Public Safety Building will house the Police Department staff, command
center and related functions. Included is operational space for the Real Time Crime Center (RTCC),
which will include a video wall, video wall processor, and related equipment and software.
The New Police Building is a three floor building of approximately 90,000 square feet. The Real Time
Crime Center area is approximately 1,600 square feet located on the second floor. The space will
include a video wall configuration. The room is rectangular in configuration with the depiction of
communications consoles situated for operational functionality with approximately nineteen (19)
operational work stations.
CURRENT SITUATION
The Procurement Department applied the City of Miami Gardens Business and Resident Economic
Growth Plan (CMG-BREP) preference to this project. ATCI Communications, Inc was deemed compliant
with the City of Miami Gardens Business Resident Economic Growth Plan (Exhibit 2).
Staff prepared specifications in Request For Proposal (RFP) Number 14-15-024, inviting firms to provide
complete turnkey design, hardware, systems integration, and installation of all equipment necessary,
training and on-going system maintenance for a fully functioning video wall solution that will assist in
law enforcement situational awareness across the City.
RFP number 14-15-024 was posted on September 9, 2015. A broadcast notice was sent to five hundred
and twenty-seven (527) suppliers. Thirty-eight (38) proposal packages were requested. The RFP opened
on December 10, 2015. Two (2) proposals were received and publicly read. A copy of the proposal
document and submittals are available at the Assistant to the Mayor and Council’s Office for review.
An Evaluation Committee (EC) meeting was held on January 7, 2016. The Evaluation Committee
determined that both firms were both responsive and responsible to the requirements in the RFP. After
evaluating and scoring, the Evaluation Committee deemed CineMassive Displays, LLC, as the first-ranked
firm (Exhibit 1).
FISCAL IMPACT
Proposed Action:
It is recommended that the City Council approve the Evaluation Committee’s recommendation for
award of Request for Proposal No. 14-15-024, Video Wall and Controller to CineMassive Displays, LLC
and authorize the City Manager to proceed with negotiations.
Attachment:
Exhibit 1 – Shortlist - Ranking sheet
Exhibit 2 – CMG-BREP Compliance Memorandum
Exhibit 3 - Bid Tabulation
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AWARDING A BID TO 4 CINEMASSIVE DISPLAYS, LLC FOR THE PURCHASE, 5
INSTALLATION AND MAINTENANCE OF A VIDEO WALL, VIDEO 6
WALL PROCESSOR, AND RELATED EQUIPMENT AND 7
SOFTWARE FOR THE CITY’S REAL TIME CRIME CENTER; 8 AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND 9 EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING 10
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 11
FOR AN EFFECTIVE DATE. 12
13 WHEREAS, the Police Department staff, Command Center and related functions 14
are located in the City’s new Public Safety Building, and 15
WHEREAS, a Real Time Crime Center (RTCC) will also be located in the Public 16
Safety Building, and 17
WHEREAS, on September 9, 2015, City staff posted RFP No. 14-15-024 for the 18
purchase, installation and maintenance of a video wall, video wall processor, and 19
related equipment and software for the RTCC, and 20
WHEREAS, on December 10, 2015, two proposals were received and publicly 21
read, and 22
WHEREAS, the Evaluation Committee evaluated each firm, and deemed 23
CineMassive Displays, LLC to be the first ranked firm, and 24
WHEREAS, City staff recommends that the City Council award a bid to 25
CineMassive Displays, LLC for the purchase, installation and maintenance of a video 26
wall, video wall processor, and related equipment, 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 awards a bid to CineMassive Displays LLC for the purchase, installation and 34
maintenance of a video wall, video wall processor, and related equipment and software 35
for the City’s Real Time Crime Center; and authorizes the City Manager to negotiate 36
and execute an agreement for this purpose. 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: CAMERON BENSON, CITY MANAGER 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
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Exhibit 383 of 268
Exhibit 384 of 268
RFP No. 14-15-024 Date RFP Opened: December 10, 2015
Video Wall and Controller RFP Submittals: 2
Declinations: 0
Item No. Equipment/Task Unit Quantity ATCi Communications
Miami Gardens, FL
Item No. Equipment/Task Unit Price Quantity Unit Price Cinemassive Displays, LLC
Atlanta, GA
Unit cost
1 55” Monitors (or other as
proposed and detailed in Tab
21) Quantity of 31 Main RTCC
Left Front Wall 10 monitors
Right Front Wall 10 Monitors
Right Side Wall 6 Monitors
Joint Operation Center 2
Monitors Chief’s Office 1
Monitor Chief’s Conference
Room 1 Monitor Asst Chief’s
Office 1 Monitor
1 each 31 $4,147.00 $128,557.00 1 CineMassive Video Walls &
Video Wall Processing
1 each 1 $267,086.00 $267,086.00
2 Additional Monitor (Price for 1
Unit)
1 each 1 $4,147.00 $4,147.00 2 JOC Video Wall Displays
and Mounting Hardware
1 each 1 $21,437.00 $21,437.00
3 System server 1 each 1 $221,037.00 $221,037.00 3 Chief's Office, Chief's Conf.
Room and Asst Chief's
1 each 1 $18,887.00 $18,887.00
4 Video Backup & Storage 1 each 1 $21,000.00 $21,000.00 4 Touch Control System and
Audio System
1 each 1 $19,883.00 $19,883.00
5 Video Playback and research
tools
1 each 1 Included Included 5 Video Recording and
Management System
1 each 1 $114,595.00 $114,595.00
6 Backup power supply Require dual power supply with APC
power supply. APC shall be
able to maintain the system for
30 min after loss of power to
allow adequate time to shut
down the servers.
1 each 1 $13,400.00 $13,400.00 6 Components & Cabling 1 each 1 $41,102.70 $41,102.70
7 Video Controller Software
Description: Separate license
costs and annual support
agreement costs
1 each 1 $17,813.00 $17,813.00 7 CineMassive Technical
Services
1 each 1 $43,874.00 $43,874.00
8 Cabling, connectors and all
cabling appurtenances
1 each 1 $4,168.00 $4,168.00 8 Technical Support 1 each 1 $8,100.00 $8,100.00
9 Mounting hardware To include
TV mounts, a lockable Server Rack to house the server, core switches and UPS as well as the Network Attached Storage device mounting hardware and
any other required
appurtenances.
1 each 1 $23,186.00 $23,186.00 9 Bond Fee 1 each 1 $3,850.00 $3,850.00
10 Technical Support 24/7 Phone
Support: Support Desk
personnel must be available 7
days a week, 24 hours a day.
1 hour 1 $125.00 $125.00 10 Performance Bond Fee 1 each 1 $10,000.00 $10,000.00
11 Emergency Technical Support 1 hour 1 $125.00 $125.00
12 On-going Maintenance for 3
Years Annual Costs
1 Year 3 $18,333.33 $55,000.00
Total $488,558.00 *(A)Total $548,814.70
* (A) - Corrected Calculation
Tabulation Sheet
Purchasing Agent: Latora Francis
Exhibit 485 of 268
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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:
The Children’s
Trust
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) X
Sponsor Name
Cameron Benson,
City Manager
Department: Grants Administration
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 FY 2015-2016 FISCAL AGENT AGREEMENT WITH THE
CHILDREN’S TRUST FOR THE PLACE-BASED SERVICE
PARTNERSHIP, IN THE AMOUNT OF FIVE HUNDRED THOUSAND
DOLLARS ($500,000.00), ATTACHED HERETO AS EXHIBIT “A”;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY FUTURE
AGREEMENTS THAT ARE SUBSTANTIALLY SIMILAR, SUBJECT TO
THE REVIEW AND APPROVAL OF THE CITY ATTORNEY; PROVIDING
FOR A NUNC PRO TUNC MORE EFFECT; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Item K-11) Consent Agenda
Resolution
Agreement w/ Children's Trust FY 2015-2016
86 of 268
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Staff Summary:
Background
The Children’s Trust issued an Invitation to Negotiate (ITN) - #2013-03; Safe and Supportive
Communities: Place-Based Service Partnerships for At-Risk Populations in March 2013. The Children’s
Trust Strategic Plan for Investments seeks to accomplish communitywide results with Service
Partnerships over a three-year period. Service partners are to become place-based prevention centers,
seeking to join neighbors, faith centers, and schools to coalesce communities. The City of Miami
Gardens was one of several communities chosen.
City Council approved the initial contract of $500,000 in April 2013. Year 2 contract, also in the amount
of $500,000, was approved by Council in October 2014.
Current Situation
The City of Miami Gardens partners with North Dade Youth & Family Coalition, Trinity Church, St.
Thomas University, Catalyst of Miami, Miami Gardens Police Department, Institute of Family Child and
Health and Miami Gardens Drug Free Coalition to form the well needed Place-Based Service Partnership
(PBSP).
August 2015 – July 2016 will be the final of this three-year grant period. Total amount for Year 3
Program cycle is $414,000.
Fiscal Impact
This is a reimbursable grant, and should expenses be incurred accordingly to grant documents, there is
no fiscal impact to the City.
Proposed Action:
Council allows the City Manager to execute this agreement and all documentation related to this grant
award and allows the City Manager to execute any future grant agreements if there are no substantial
changes to contract.
Attachment:
2015 – 2016 Contract No # 1621-3010
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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 FY 2015-2016 FISCAL AGENT 6
AGREEMENT WITH THE CHILDREN’S TRUST FOR THE PLACE-7
BASED SERVICE PARTNERSHIP, IN THE AMOUNT OF FIVE 8 HUNDRED THOUSAND DOLLARS ($500,000.00), ATTACHED 9 HERETO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER 10
TO EXECUTE ANY FUTURE AGREEMENTS THAT ARE 11
SUBSTANTIALLY SIMILAR, SUBJECT TO THE REVIEW AND 12
APPROVAL OF THE CITY ATTORNEY; PROVIDING FOR A 13 NUNC PRO TUNC MORE EFFECT; PROVIDING FOR 14 INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 15
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 16
EFFECTIVE DATE. 17
18 WHEREAS, The Children’s Trust provides grant funding to community programs, 19
which focus on the reduction of absenteeism and the prevention of youth violence, and 20
WHEREAS, in 2013, the City of Miami Gardens, in partnership the Youth & 21
Violence Prevention Coalition, Trinity Church, St. Thomas University, Catalyst of Miami, 22
Institute of Family Child and Health, and the Miami Gardens Drug Free Coalition applied 23
for a grant with The Children’s Trust, and 24
WHEREAS, The Children’s Trust awarded the partnership grant funds in the 25
amount of Five Hundred Thousand Dollars ($500,000.00), and 26
WHEREAS, the City of Miami Gardens will serve as the fiscal agent to administer 27
grant funds on behalf of the partnership, and 28
WHEREAS, it is necessary to execute an Agreement with The Children’s Trust 29
for fiscal year 2016 for this purpose, 30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 32
88 of 268
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 FY 2015-2016 Fiscal Agent Agreement with The Children’s 38
Trust for the Place-Based Service Partnership, in the amount of Five Hundred 39
Thousand Dollars ($500,000.00), attached hereto as Exhibit “A”, and further authorizes 40
the City Manager to execute any future Agreements that are substantially similar, 41
subject to the review and approval of the City Attorney. 42
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 43
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 44
be maintained by the City, and one to be delivered to The Children’s Trust. 45
Section 4: NUNC PROTUNC EFFECT: This Resolution shall be effective as of 46
August 1, 2015. 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
89 of 268
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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
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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:
(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 Communications
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address) X
Sponsor Name Felicia Robinson, Vice Mayor
Department: Office of the Mayor & Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE COUNTY
RESOLUTION NUMBER R-809-15 CODESIGNATING A PORTION OF
175TH STREET BETWEEN NW 27TH AVENUE AND NW 37TH AVENUE AS "OFFICER THELMA HARRIS WAY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Thelma Harris became the first black female police officer in the state of Florida in June 1962 when she
joined the Miami-Dade Police Department. Her successful career with the department spanned the
course of 20 years.
Item L-1) Resolution
Supporting Miami-Dade
County Codesignation
166 of 268
18605 NW 27th Avenue
Miami Gardens, Florida 33056
A local columnist gave her the title of “Lady Behind the Badge”, for her community service work with
children. Officer Harris worked in the schools, as what we now call a resource officer; she helped to
create an “Officer Friendly” program and worked undercover on the force, which was one of her
passions. She became upset when the Officer Friendly program received national attention
consequently blowing her undercover status.
Officer Harris studied at Florida A&M University, later earning an associate of arts in police science and
criminology from Miami-Dade Community College, a bachelor’s in continuing studies at the University of
Miami, and a master’s of science in human resources from Biscayne College, now known as St. Thomas
University.
As a charter member of Mt. Hermon AME church she served in various capacities for over 58 years; Vice
President of the United Women’s Ministry and as a member of the choir.
Miami-Dade Commissioner Barbara J. Jordan, Seat 1 sponsored resolution R-809-15 codesignating NW
175th Street from NW 27th Avenue to NW 37th Avenue as “Officer Thelma Harris Way”; urging City of
Miami Gardens to join with her in support.
Fiscal Impact
Proposed Action:
Vice Mayor Felicia Robinson is seeking the approval of City Council to adopt this resolution to support
Miami-Dade County’s resolution no. R-809-15 for co-designating a portion of 175th Street between 27th
Avenue and 37th Avenue be renamed, “Officer Thelma Harris Way”.
Attachment:
Attachment A – Miami-Dade County Resolution No. R-809-15
167 of 268
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE 4 COUNTY RESOLUTION NUMBER R-809-15 CODESIGNATING A 5
PORTION OF 175TH STREET BETWEEN NW 27TH AVENUE 6
AND NW 37TH AVENUE AS "OFFICER THELMA HARRIS WAY; 7
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10
WHEREAS, on October 6, 2015, the Miami-Dade County Board of County 11
Commissioners adopted Resolution No. R-809-15 designating Northwest 175th Street 12
from N.W. 27th Avenue to NW. 37th Avenue as "Officer Thelma Harris way," and 13
WHEREAS, Thelma Gaitor Freeman Harris, was the first Black Female police 14
officer in Florida and was a 20-year veteran with the Miami-Dade Police Department, 15
and 16
WHEREAS, Officer Harris died on July 4, 2015 at the age of 88, and 17
WHEREAS, Officer Harris earned an Associate of Arts in Police Science and 18
Criminology from Miami-Dade Community College, a Bachelors in Continuing Studies at 19
the University of Miami, and a Masters of Science in Human Resources from Biscayne 20
College, now known as St. Thomas University, and 21
WHEREAS, in June 1962 Officer Harris became the first Black Female police 22
officer in Florida when she joined the Miami-Dade Police Department, and 23
WHEREAS, she served on the Miami-Dade Police Department for 20 years 24
before retiring in 1982, and 25
WHEREAS, in addition to her frequent undercover work with the Department, 26
Officer Harris worked as a School Liaison Officer for junior high schools in the North 27
District and Hialeah to improve the image of police officers and their careers, and 28
WHEREAS, outside of policing, Officer Harris was a pioneer member of Mount 29
Herman AME Church for 58 years where she sang in the choir, and 30
168 of 268
2
WHEREAS, she was a soprano soloist with the Miami Oratorio Society and 31
served as Vice President of the United Women's Missionary, and 32
WHEREAS, the City Council would like to co-designate NW 175th Street from 33
NW 27th Avenue to NW 37th Avenue as "Officer Thelma Harris Way, and 34
WHEREAS, NW 175th Street from NW 27th Avenue to NW 37th Avenue is a 35
County Road located in the City of Miami Gardens, and 36
WHEREAS, in accordance with Section 34-233 of the City of Miami Gardens 37
Code of Ordinances, said co-designation must be unanimous, and 38
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 39
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 40
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 41
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 42
made a specific part of this Resolution. 43
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 44
hereby supports Miami-Dade County Resolution Number R-809-15 codesignating a 45
portion of 175th Street between NW 27th Avenue and NW 37th Avenue as "Officer 46
Thelma Harris Way. 47
Section 3: 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
169 of 268
3
57
ATTEST: 58
59 60 __________________________________ 61
RONETTA TAYLOR, MMC, CITY CLERK 62
63
64 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 65 66
67
SPONSORED BY: FELICIA ROBINSON, VICE MAYOR 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
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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 –
Media & Events
and Information Technology
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 Communication X
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X
Sponsor Name Erhabor Ighodaro, Council Member Department: Media & Events Information Technology
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE LAUNCH OF THE CITY OF MIAMI GARDENS “GRIO”
RADIO STATION WITH LIVE 365; APPROVING PROPOSED POLICIES AND
PROCEDURES; AND AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO LAUNCH THE MIAMI GARDENS “GRIO” RADIO STATION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Councilman Ighodaro recommends launching the City’s first 24-hour internet radio station, City of Miami
Gardens GRIO Radio, in January 2016. The City will contract with Live 365, a company who has been the
Item L-2) Resolution
Grio Radio Station
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
leading online radio network offering broadcast services and radio programming since it was founded in
Silicon Valley in 1999. Live 365’s advanced broadcasting tools, built-in music licensing, and worldwide
distribution will enable the City to legally create and distribute a branded radio channel.
Programming format for City of Miami Gardens GRIO Radio will be music and talk. Working thru the
Media and Events Department, interviews will be schedule and broadcasted on this station. Live 365 has
a policy of a commercial-free zone; they pay royalties to labels, artists, songwriters, and publishers
through established royalty collection organizations within the United States and Canada, including
ASCAP, BMI, SESAC, SoundExchange, and SOCAN; and has mobile app capability.
Fiscal Impact
Startup equipment and supplies will cost approximately $2700 which will cover the costs of two
dedicated computers, mixer, microphones, and headphones. General funds will be used to cover these
startup costs. The monthly service charge of $110 will be covered by Events and Media budget.
Proposed Action:
It is being recommended by Councilman Ighodaro that City Council support the launch of City of Miami
Gardens Grio Radio; approve proposed Policies and Procedures; and authorize the City Manager to take
any and all necessary steps to launch this station.
Attachment:
Attachment A: Proposed Policies and Procedures
Attachment B: Federal Communication Commission Policies
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 GARDENS, FLORIDA, AUTHORIZING THE LAUNCH OF THE CITY OF 4 MIAMI GARDENS “GRIO” RADIO STATION WITH LIVE 365; 5
APPROVING PROPOSED POLICIES AND PROCEDURES ATTACHED 6
HERETO AS EXHIBIT “A”; AND AUTHORIZING THE CITY MANAGER 7
TO TAKE ANY AND ALL STEPS NECESSARY TO LAUNCH THE MIAMI 8 GARDENS “GRIO” RADIO STATION; PROVIDING FOR THE ADOPTION 9 OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, Councilman Erhabor Ighodaro recommends that the City 12
launch Miami Gardens “GRIO”, and 13
WHEREAS, the programming format for Miami Gardens “GRIO” will 14
include both music and talk radio, and 15
WHEREAS, Live 365 offers online, commercial free programming, and16
WHEREAS, Councilman Ighodaro further recommends that the City 17
contract with Live 365 to provide broadcasting services, and 18
WHEREAS, the initial startup costs will be approximately Two Thousand 19
Seven Hundred Dollars ($2,700.00), and 20
WHEREAS, the payment of a monthly service fee of One Hundred and 21
Ten Dollars ($110.00) to Live 365 will be allocated from Events and Media 22
budget, 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 24
THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing 26
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 27
are hereby made a specific part of this Resolution. 28
Section 2: AUTHORIZATION: The City Council of the City of Miami 29
Gardens hereby authorizes the launch of the City of Miami Gardens “GRIO” radio 30
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station with Live 365; approves the Policies and Procedures attached hereto as 31
Exhibit “A;” and further authorizes the City Manager to take any and all steps 32
necessary to launch Miami Gardens “GRIO” radio station. 33
Section 3: EFFECTIVE DATE: This Resolution shall take effect 34
immediately upon its final passage. 35
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF 36
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ____________, 37
2016. 38
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, ESQ., CITY ATTORNEY 53
54 55 SPONSORED BY: COUNCILMAN ERHABOR IGHODARO, PH.D. 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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Proposed policies and procedures, Jan. 2016 Page 1
City of Miami Gardens Policies and Procedures
CALLS TO ACTION:
Miami Gardens Radio is a non-commercial station and
therefore cannot air standard broadcast commercials. We
can air underwriting announcements (CDA’s) which give the
name, address, phone number and other incidentals about a
sponsoring business. At no time can an underwriting message
include a ‘call to action’. This is an invitation for a listener to do
something, such as go to a place, buy an item or try a product.
‘Call to action’ rules also apply to on-air talent. Talent cannot
urge listeners to do any of these things, if a commercial product
is involved. That means you cannot invite listeners to see a
band, movie, play or other performance. You can tell your
audience that such an event is taking place and where it is,
but you cannot urge them to go to it. This is especially true of
commercial products, which should not be mentioned over the
air, except in CDA’s.
A ‘call to action’ is permissible if you are discussing a non-profit
event or organization, and no fees are charged to the
participant. You can also give a ‘call to action’ if the City of
Miami Gardens is sponsoring an event, such as a concert (i.e.
Jazz In The Gardens).
FORUM:
The Miami Gardens airwaves will not be used as a personal
forum to offer opinions on subjects or advocate action in public
matters. Similarly, the Miami Gardens airwaves cannot be used
as a personal forum to air disparaging comments about Miami
Gardens’ policies, personnel, listeners or others.
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Proposed policies and procedures, Jan. 2016 Page 2
GUESTS:
All guests (non-Miami Gardens personnel) must be pre-
registered with the Program Director (Public Affairs Director). All
guests will be pre-recorded and interviews/discussions aired at
a later date.
IDENTIFICATION:
The Federal Communications Commission requires that all radio
stations announce a legal station identification at the top of
each hour. This station ID must air any time between :55 and
:05. A legal ID must include the station call letters and city of
license adjacent to each other, with nothing in between. A
legal ID for our station, therefore, would include the phrase
“Miami Gardens Radio, Miami Gardens, FL (until name is
determined)”. This phrase, announced in that manner, must be
part of the ID. You may add slogans or other identifiers before
or after that phrase, but that phrase must appear. Simply
saying “Miami Gardens” does not constitute a legal ID and
would be unacceptable to the FCC.
Legal ID’s are not required if we are broadcasting continuous,
long-form programs (i.e., concerts, speeches, etc.), but the ID
should be given immediately following these programs.
Legal ID’s are also required when signing the station back on
the air following a dark period. This usually means when the
station signs on in the morning, but can also mean other times
of the day. If the station transmitter, for instance, goes off the
air for some reason, you should give a legal ID when you return
to the air.
LOGS:
The Federal Communications Commission requires all radio
stations, including Miami Gardens Radio to maintain transmitter
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Proposed policies and procedures, Jan. 2016 Page 3
logs and retain these logs for two years. These are legal
documents and must, therefore, be handled with care. You
are required to sign on and sign off the log in the appropriate
places and note the time at which you began and ended your
shift. Transmitter readings must be taken at the times called for
on the log, and must be properly noted. Any information that
comes from the Emergency Alert System (EAS) unit must be torn
off and stapled to the transmitter log, with a note explaining
when the information was aired (if pertinent). Any equipment
problems should be written on the log in the ‘Notes’ section.
Program logs are also essential to the operation of our station.
These logs indicate when and if certain programs aired. This is
especially important if advertisers question whether or not their
CDA’s actually aired. Follow the program logs and check off
any announcements (CDA’s, promos, PSA’s) which air during
your shift.
You are also required to keep a music log during your shift. This
enables you to refer to music when you speak on the air, and
also allows the Program Director (Public Affairs Director) to
determine what music is being played over our station.
MUSIC:
The Live 365 music library is the only source for music played at
this station, with the exception of music played during specialty
shows. Talent may not bring music in from a personal collection
for use during a show.
OBSCENITY:
The U.S. Criminal Code prohibits broadcasts of obscene,
indecent or profane language over the air. The FCC, therefore,
prohibits obscene and indecent broadcasts. The goal of the
prohibition concerning indecency is to safeguard children from
patently offensive descriptions of sexual or excretory activities
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Proposed policies and procedures, Jan. 2016 Page 4
or organs, and to enable parents to decide effectively what
material their children will see or hear.
As Miami Gardens Radio (until name is determined) is
committed to full compliance with the law and with FCC rules
and policies, the decision should be made not to broadcast
such material in any case in which there is likelihood that
particular material may be indecent.
The FCC defines indecent matter as language or material that
depicts or describes sexual or excretory activities or organs, in
terms that are patently offensive as measured by
contemporary community standards for the broadcast
medium.
The FCC defines obscenity as material the average person;
applying contemporary standards (in the local community)
would find appeals to the prurient interest. The work depicts or
describes in a patently offensive manner sexual conduct
specifically defined by applicable state law, and the work, as a
whole, lacks serious literary, artistic, political or scientific value.
Obscene and indecent broadcasts are prohibited at all times.
Whether broadcast material, which deals with sexual or
excretory organs or activities, may be indecent depends
largely on the context in which it is presented. Although there
can be no complete list of prohibited subject matter, FCC
decisions indicate that the following subjects should be
avoided:
• masturbation
• ejaculation
• breast size
• penis size
• sexual intercourse
• nudity
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Proposed policies and procedures, Jan. 2016 Page 5
• urination
• oral-genital contact
• erections
• sodomy
• bestiality
• menstruation
• testicles
In addition, the following ‘seven dirty words’ singled out under
former FCC indecency policies should be avoided:
• f*ck
• sh*t
• p*ss
• m*****f***er
• c***s***er
• c*nt
• t*t
Other slang terms, synonymous with the above words, should
also be avoided.
Inclusion of these topics or words in programming should serve
as a ‘red flag’ that further review is necessary to ensure that the
broadcast does not involve indecent material.
Descriptions of sexual or excretory activities or organs should be
avoided. Although it may in some instances be acceptable
merely to mention such activities or organs, descriptions of such
matters are more likely to be unacceptable, particularly if the
discussion dwells on them in a pandering or titillating fashion.
The more detailed the discussion or description, and the more
sensational in terms, the greater the risk that it could be found
indecent.
The context of potentially offensive language is critical to
indecency determinations. The sexual or excretory premise of
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Proposed policies and procedures, Jan. 2016 Page 6
programming can aggravate the patent offensiveness of what
is said and transform merely offensive material into material
that is considered indecent. For example, a clinical discussion
of sexual activity could be acceptable while similar mention of
the same activity as part of an extended pandering discussion,
even if intended to be humorous, might not be.
Among the factors the FCC considers in evaluating the context
of offensive material are whether the actual words or
descriptions are vulgar or shocking; the manner in which the
language or depictions are portrayed; whether the offensive
material is isolated or fleeting; the accessibility of the material
to children; and, to some extent, the merit of the material.
Isolated or occasional use of expletives or offensive language is
not necessarily sufficient to support a finding of indecency.
Deliberate and repetitive use of expletives in an offensive
manner, however—repetition for its own sake or to shock or
titillate—should be avoided.
Whether innuendo and double entendre may be judged
indecent depends on the context in which they are presented.
Words that in one context are simply innuendo may be
rendered explicit in other contexts if they are interwoven with
explicit references, which make their meaning clear and
capable of only one interpretation. Innuendo and double
entendre thus may be considered indecent if surrounding
explicit references make the meaning of the entire discussion
clear.
As the goals of the FCC’s indecency policy are to protect
children from offensive programming, innuendo and double
entendre should be avoided if children could understand
them.
Song lyrics are subject to the same indecency prohibition as
other types of broadcasts.
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The FCC has indicated that it will aggressively enforce its rules
and policies against indecency and obscenity. Congressional
pressure for such enforcement has been strong. FCC decisions
indicate that stations will be presumed to be aware of the
indecency prohibition and the nature of broadcasts which
have been found to be indecent. The FCC has recently fined
stations broadcasting obscene and indecent material
between $7,000 and $35,000! It is imperative that you know
and follow these rules and that Miami Gardens adhere to these
guidelines.
Talent at Miami Gardens Radio (until name is determined)
should not swear or use foul language over the air at any time.
Persons who do are subject to disciplinary action and possible
dismissal. Please remember that the FCC guidelines also apply
to song lyrics. When playing music with questionable lyrics,
please follow the FCC guidelines stated above. If there are
questions in your mind as to whether a song is suitable for
airplay, it is always better to remove the song from the air. If
you have any questions, please ask.
You may sometimes inadvertently play a song that contains
unacceptable lyrics. Should this occur, please stop the song as
soon as you hear something objectionable, and go on to
another selection. You will not be blamed for playing
inappropriate songs if you play the song by mistake and you
take it off the air immediately.
Miami Gardens Radio (until name is determined) will also not air
material which a large segment of the local population would
find offensive or harmful. Specifically,
• no words or lyrics which promote drug and/or alcohol
use,
suicide or death shall be used on this station.
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Proposed policies and procedures, Jan. 2016 Page 8
• no words or lyrics which degrade people on the basis
of their
race, ethnicity, sexual orientation or religious beliefs
shall be
used on this station.
PAYOLA:
It is a federal crime to promote a song or artist or play a song
for money or other recompense. This is payola and plugola,
and violators of this rule will be dismissed from the station and
are subject to prosecution by the government.
PUBLIC FILE:
All radio stations are required to maintain a public file. This is file
of documents which the Federal Communications Commission
considers important to our station and listeners. This file includes
copies of FCC applications, ownership and employment
reports, requests for airtime from political candidates and
documents showing how are station discusses local issues
which are of importance to our community. The public file is
located in the main station hallway, in the top drawer of the file
cabinet. Any member of the public who wants to see an item
from the public file has a right to do so. If you are at the station
when this occurs, you are entitled to ask the person what
portions of the public file he or she would like to see, and bring
that portion of the file to them. If someone requests copies of
public file documents, that also can be done for a nominal
charge. For more information on public file access, see the
notice next to the public file in the main hallway.
Should a representative from the Federal Communications
Commission come to our station and request documents from
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Proposed policies and procedures, Jan. 2016 Page 9
the public file, that person, upon proper identification, should
be given complete access to the file and its contents.
The public file is available for inspection during normal business
hours, and Miami Gardens must give the public access to this
file during that time. At times, because of lack of staff, the door
leading into the Miami Gardens’ offices is locked to prevent
unauthorized persons from entering. There will be a sign posted
on the door instructing persons who wish to enter the
office/studio to call the Public Affairs Office. This notice would
satisfy FCC requirements of station access during business
hours.
SPECIALTY PROGRAMS:
Specialty programs are a very important part of our
programming at Miami Gardens Radio. The following
guidelines will be used to consider airing specialty programs on
Miami Gardens Radio (until name is determined):
1. The program must be unique in that this type of program is
unavailable on local commercial radio.
2. The program must be educationally or creatively worthwhile.
3. The program must generate enough interests from listeners to
acquire motivated, responsible hosts now and in the future.
4. The program must have a conceivable audience.
TAG TEAMS:
Tag-team broadcasts, (duos or trios doing a show together) are
prohibited without the prior consent of the Program Director
(Public Affairs Director). It is the belief of Miami Gardens Radio
(until name is determined) that when more than one person is
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Proposed policies and procedures, Jan. 2016 Page 10
on the air at a time, the program degenerates into a silly
exercise, with a lot of inside jokes and other references that
mean nothing to our audience. Tag-teams will, therefore, not
be allowed on the air unless they can demonstrate that they
can handle their program professionally.
17. TELEPHONE:
It is illegal to put a person on the air without their permission.
Our station can be heavily fined for violating this rule. If you are
interviewing someone for airplay, make sure you have their
permission to use the interview on the air, let the subject know
when you are starting to record the interview, and let them
know when you have stopped the tape so that they know
when the interview is over. All interviews are pre-recorded
before airing (i.e. Hot 105 interviews).
18. VIOLATIONS:
Violations of Miami Gardens policies and procedures will result
in verbal warnings, written warnings, and/or dismissal from the
staff of Miami Gardens Radio/Public Affairs Office.
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PROGRAM LOG EXPLANATIONS:
SIGN ON STATEMENT: For those signing on in the morning. This
statement should be read over the air when signing on the
station. It is found in the program clocks binder.
PSA: This is a public service announcement. PSA’s should be
played immediately following the news. PSA’s are found on the
computer audio system.
LIVE IN-HOUSE PROMO: These are promos of Miami Gardens’
programs which are read live by talent.
PROMO: This is a pre-recorded segment used to promote a
program on Miami Gardens Radio. Promos should only be
played between songs and never before or after a live rap.
WEATHER: Weather is read live at the top of the hour and 30
minutes past each hour. Weather is received from our wire
service, and should be checked periodically for updates.
Weather should also be edited to cut out unnecessary
information. Make sure you have the proper weather forecast
for South Florida.
READ OFTEN: Read oftens tell of an event or events that will be
happening in the City of Miami Gardens or in the community.
Read them as written, and read a different one each hour.
COMMUNITY CALENDAR: This is pre-recorded and lists events
happening in the community. Play this program at the time
called for on the program log.
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Proposed policies and procedures, Jan. 2016 Page 12
CDA: If a program is sponsored, it will have one or more CDA’s.
CDA’s are located in the computer audio system. Play a
specific CDA when called for on the program log.
EAS: All radio stations are required to have a functioning
Emergency Activation System (EAS) to inform the public of
severe weather and other emergencies. When you are called
upon the send an EAS test, do so by following the EAS
instructions in the Miami Gardens Information Notebook in the
control room. EAS tests can be moved, so if you are unsure
how these should be done, you may find a staffmember to
assist you when it is convenient for that person to help. EAS
tests, must however, be aired and cannot be deleted. When
you complete the test, log the time of the test and sign your
initials on the transmitter log.
We receive emergency information over the EAS unit, and this
information should be broadcast to the public as quickly as
possible. When emergency information is sent to us, tear the
paper from the unit and read the information over the air at
your earliest opportunity. Then, sign and date the back of the
transmitted statements and attach them to the transmitter log.
If we are in the midst of a weather watch or other type of
emergency, the information should be repeated as often as
possible. If weather is extremely threatening, other
staffmembers should be called in and continuous broadcasts
about the weather situation should be aired. Remember, that
we could be the only link the public has with official
information, and this is a great responsibility. Make certain that
this information gets on the air so that our listeners are informed.
Lives could be at stake. SIGN-OFF STATEMENT: This should be read each night before
the station is shut down.
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NEWS COVERAGE:
News coverage is a very important part of our mission at Miami
Gardens. As a non-commercial, governmental band radio
station, we are required by the Federal Communications
Commission to devote a certain amount of our programming
to news and public affairs. Our goal in news coverage should
be to bring as much local coverage to our audience as
possible.
If you are a newsreader, you will follow the newscast format
designed by the Program Director (Public Affairs Director). In
the event that there is a local news story to report, however,
you will make room in your newscast for this story. You may
have to either read a written story that is left for you, or play a
report off the computer that has been done by someone else.
You may also have to play an ‘actuality’ during your newscast.
An ‘actuality’ is a segment of an interview which has been cut
to fit into a story. There may be times when you have to read a
script and insert an ‘actuality’ in the middle of the story. When
this occurs, the ‘actuality’ will be loaded into the computer
and labeled so that you are airing the proper cart. If you have
any difficulties with this, please see the Program Director (Public
Affairs Director).
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THE PUBLIC AND BROADCASTING:
How to Get the Most Service from Your Local Station
Revised July 2008
Prepared by: The Media Bureau
Federal Communications Commission
Washington, D.C.
You can obtain a hard copy of “The Public and Broadcasting” from your local broadcast
station, or by calling the FCC toll-free at 1-(888)-225-5322 (1-(888)-CALL FCC) (Voice) or
1-(888)-835-5322 (1-(888)-TELL FCC) (TTY). This document can also be found on the
Commission’s website at: http://www.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html.
That version will be updated periodically and will contain the most recent revisions.
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TABLE OF CONTENTS
Page (PDF Version)
INTRODUCTION ................................................................................................................................................ 6
THE FCC AND ITS REGULATORY AUTHORITY ........................................................................................ 7
The Communications Act ......................................................................................................................... 7
How the FCC Adopts Rules ...................................................................................................................... 7
The FCC and the Media Bureau ............................................................................................................... 7
FCC Regulation of Broadcast Radio and Television .................................................................................. 8
THE LICENSING OF TV AND RADIO STATIONS ........................................................................................ 8
Commercial and Noncommercial Educational Stations ............................................................................. 8
Applications to Build New Stations; Length of the License Period ............................................................ 8
Applications for License Renewal ............................................................................................................. 9
Digital Television. .................................................................................................................................... 9
Digital Radio .......................................................................................................................................... 10
Public Participation in the Licensing Process .......................................................................................... 11
Renewal Applications ................................................................................................................... 11
Other Types of Applications ......................................................................................................... 11
BROADCAST PROGRAMMING: BASIC LAW AND POLICY .................................................................. 12
The FCC and Freedom of Speech ........................................................................................................... 12
Licensee Discretion ................................................................................................................................ 12
Criticism, Ridicule, and Humor Concerning Individuals, Groups, and Institutions .................................. 12
Programming Access .............................................................................................................................. 13
BROADCAST PROGRAMMING: LAW AND POLICY ON SPECIFIC KINDS OF
PROGRAMMING ................................................................................................................................ 13
Broadcast Journalism.............................................................................................................................. 13
Introduction. ................................................................................................................................ 13
Hoaxes…….................................................................................................................................. 13
News Distortion ........................................................................................................................... 14
Political Broadcasting: Candidates for Public Office .................................................................... 14
Objectionable Programming ................................................................................................................... 15
Programming Inciting “Imminent Lawless Action.” ..................................................................... 15
Obscene, Indecent, or Profane Programming ................................................................................ 15
How to File an Obscenity, Indecency, or Profanity Complaint....................................................... 16
Violent Programming ................................................................................................................... 16
The V-Chip and TV Program Ratings .......................................................................................... 17
Other Broadcast Content Regulation ....................................................................................................... 17
Station Identification .................................................................................................................... 17
Children’s Television Programming ............................................................................................. 17
Station-Conducted Contests .......................................................................................................... 19
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Lotteries….. .......................................................................................................................... ……19
Soliciting Funds ........................................................................................................................... 19
Broadcast of Telephone Conversations ......................................................................................... 20
ACCESS TO BROADCAST MATERIAL BY PEOPLE WITH DISABILITIES ........................................... 20
Closed Captioning .................................................................................................................................. 20
Access to Emergency Information........................................................................................................... 20
BUSINESS PRACTICES AND ADVERTISING .............................................................................................. 21
Business Practices, Advertising Rates, and Profits .................................................................................. 21
Employment Discrimination and Equal Employment Opportunity (“EEO”)............................................ 21
Sponsorship Identification ...................................................................................................................... 22
Underwriting Announcements on Noncommercial Educational Stations ................................................. 22
Loud Commercials ................................................................................................................................. 22
False or Misleading Advertising ............................................................................................................. 23
Offensive Advertising ............................................................................................................................. 23
Tobacco and Alcohol Advertising ........................................................................................................... 23
Subliminal Programming ....................................................................................................................... 23
BLANKETING INTERFERENCE ................................................................................................................... 23
Rules. ..................................................................................................................................................... 23
How to Resolve Blanketing Interference Problems .................................................................................. 24
OTHER INTERFERENCE ISSUES ................................................................................................................. 25
THE LOCAL PUBLIC INSPECTION FILE .................................................................................................... 25
Requirement to Maintain a Public Inspection File ................................................................................... 25
Purpose of the File. ................................................................................................................................. 26
Viewing the Public Inspection File ......................................................................................................... 26
Contents of the File ................................................................................................................................ 27
The License .................................................................................................................................. 27
Applications and Related Materials .............................................................................................. 27
Citizen Agreements ...................................................................................................................... 27
Contour Maps .............................................................................................................................. 27
Material Relating to an FCC Investigation or Complaint .............................................................. 28
Ownership Reports and Related Material...................................................................................... 28
List of Contracts Required to be Filed with the FCC ..................................................................... 28
Political File ................................................................................................................................. 28
EEO Materials ............................................................................................................................. 29
“The Public and Broadcasting.”.................................................................................................... 29
Letters and E-Mails from the Public ............................................................................................. 29
Quarterly Programming Reports ................................................................................................... 29
Children's Television Programming Reports................................................................................. 30
Records Regarding Children's Programming Commercial Limits ................................................. 30
Time Brokerage Agreements ........................................................................................................ 30
Lists of Donors ............................................................................................................................. 30
Local Public Notice Announcements ............................................................................................ 31
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Must-Carry or Retransmission Consent Election .......................................................................... 31
DTV Transition Consumer Education Activity Reports ................................................................ 31
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COMMENTS OR COMPLAINTS ABOUT A STATION ............................................................................... 32
Comments to Stations and Networks....................................................................................................... 32
Comments/Complaints to the FCC. ........................................................................................................ 32
BROADCAST INFORMATION SPECIALISTS.............................................................................................. 33
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INTRODUCTION
This Manual is published by the Federal Communications Commission (the “FCC” or the
“Commission”), the federal agency directed by Congress to regulate broadcasting. It provides a
brief overview of the FCC’s regulation of broadcast radio and television licensees, describing how
the FCC authorizes broadcast stations, the various rules relating to broadcast programming and
operations with which stations must comply, and the essential obligation of licensees that their
stations serve their local communities. The Manual also outlines how you can become involved
in assessing whether your local stations are complying with the FCC’s rules and meeting these
service obligations, and what you can do if you believe that they are not.
In exchange for obtaining a valuable license to operate a broadcast station using the public
airwaves, each radio and television licensee is required by law to operate its station in the “public
interest, convenience and necessity.” This means that it must air programming that is responsive
to the needs and problems of its local community of license.
To do so, each station licensee must affirmatively identify those needs and problems and then
specifically treat those local matters that it deems to be significant in the news, public affairs,
political and other programming that it airs. As discussed at page 29 of this Manual, each station
must provide the public with information about how it has met this obligation by means of
quarterly reports, which contain a listing of the programming that it has aired that the licensee
believes provided significant treatment of issues facing the community. As discussed in detail at
pages 25-31 of this Manual, each station also must maintain and make available to any member of
the public for inspection, generally at its studio, a local public inspection file which contains these
reports, as well as other materials that pertain to the station’s operations and dealings with the
FCC and with the community that it is licensed to serve. The public file is an excellent resource
to gauge a station’s performance of its obligations as a Commission licensee. In the future,
television stations with websites will be required to post most of the content of their public files
on their websites, or on the website of their state local broadcasters association, if permitted.
The purpose of this Manual is to provide you with the basic tools necessary to ensure that the
stations that are licensed to serve you meet their obligations and provide high quality broadcast
service. Station licensees, as the trustees of the public’s airwaves, must use the broadcast medium
to serve the public interest. We at the FCC want you to become involved, if you have any
concerns about a local station – including its general operation, programming or other matters –
by making your opinion known to the licensee and, if necessary, by advising us of those concerns
so that we can take appropriate action. An informed and actively engaged public plays a vital role
in helping each station to operate appropriately and serve the needs of its local community.
This Manual provides only a general overview of our broadcast regulation. It is not intended to
be a comprehensive or controlling statement of the broadcast rules and policies. Our Internet
home page (www.fcc.gov) contains additional information about the Commission, our rules,
current FCC proceedings, and other issues. At the close of each section of this Manual, we
provide links to those places on the FCC website that provide additional information about the
subject matter discussed in the section. Although we will periodically update this Manual and
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maintain the current version on the FCC website at
www.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html, we urge you to also make use of
the resources contained in these links, which may outline any more recent developments in the law
not discussed in the current version of the Manual. If you have any specific questions, you may
also contact our Broadcast Information Specialist for radio or television, depending on the nature
of your inquiry, by calling toll-free, by facsimile, or by sending an e-mail in the manner noted at
pages 32-33 of this Manual.
THE FCC AND ITS REGULATORY AUTHORITY
The Communications Act. The FCC was created by Congress in the Communications Act for
the purpose of “regulating interstate and foreign commerce in communication by wire and radio
so as to make available, so far as possible, to all the people of the United States, without
discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient,
Nation-wide, and world-wide wire and radio communications service . . . .” (In this context, the
word "radio" covers both broadcast radio and television.) The Communications Act authorizes
the FCC to "make such regulations not inconsistent with law as it may deem necessary to prevent
interference between stations and to carry out the provisions of [the] Act." It directs us to base
our broadcast licensing decisions on the determination of whether those actions will serve the
public interest, convenience, and necessity.
How the FCC Adopts Rules. As is the case with most other federal agencies, the FCC generally
cannot adopt or change rules without first describing or publishing the proposed rules and seeking
comment on them from the public. We release a document called a Notice of Proposed Rule
Making, in which we explain the new rules or rule changes that we are proposing and establish a
filing deadline for public comment on them. (All such FCC Notices are included in the
Commission’s Daily Digest and are posted on our website at
http://www.fcc.gov/Daily_Releases/Daily_Digest). After we have had a chance to hear from the
public and have considered all comments received, we generally have several options. We can:
(1) adopt some or all of the proposed rules, (2) adopt a modified version of some or all of the
proposed rules, (3) ask for public comment on additional issues relating to the proposals, or (4)
end the rulemaking proceeding without adopting any rules at all. You can find information about
how to file comments in our rulemaking proceedings on our Internet website at
www.fcc.gov/cgb/consumerfacts/howtocomment.html. The site also provides instructions on
how you can file comments electronically. In addition to adopting rules, we also establish
broadcast regulatory policies through the individual cases that we decide, such as those involving
license renewals, station sales, and complaints about violations of FCC rules.
The FCC and the Media Bureau. The FCC has five Commissioners, each of whom is
appointed by the President and confirmed by the Senate. Serving under the Commissioners are a
number of Offices and operating Bureaus. One of those is the Media Bureau, which has day-to-
day responsibility for developing, recommending, and administering the rules governing the
media, including radio and television stations. The FCC’s broadcast rules are contained in Title
47 of the Code of Federal Regulations (“CFR”), Parts 73 (broadcast) and 74 (auxiliary broadcast,
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including low power TV, and translator stations). Our rules of practice and procedure can be
found in Title 47 CFR, Part 1. A link to those rules can be found on our website at
http://wireless.fcc.gov/index.htm?job=rules_and_regulations. Additional information about the
Commission’s Offices and Bureaus, including their respective functions, can be found at
http://www.fcc.gov/aboutus.html.
FCC Regulation of Broadcast Radio and Television. The FCC allocates (that is, designates a
portion of the broadcast spectrum to) new broadcast stations based upon both the relative needs
of various communities for additional broadcast outlets and specified engineering standards
designed to prevent interference among stations and to other communications users. As noted
above, whenever we review an application – whether to build a new station, modify or renew a
license or sell a station – we must determine if its grant would serve the public interest. As
discussed earlier, we expect station licensees to be aware of the important problems and issues
facing their local communities and to foster public understanding by presenting programming that
relates to those local issues. As discussed in this Manual, however, broadcasters – not the FCC
or any other government agency – are responsible for selecting the material that they air. By
operation of the First Amendment to the U.S. Constitution, and because the Communications Act
expressly prohibits the Commission from censoring broadcast matter, our role in overseeing
program content is very limited.
We license only individual broadcast stations. We do not license TV or radio networks (such as
CBS, NBC, ABC or Fox) or other organizations with which stations have relationships (such as
PBS or NPR), except to the extent that those entities may also be station licensees. We also do
not regulate information provided over the Internet, nor do we intervene in private disputes
involving broadcast stations or their licensees. Instead, we usually defer to the parties, courts, or
other agencies to resolve such disputes.
THE LICENSING OF TV AND RADIO STATIONS
Commercial and Noncommercial Educational Stations. The FCC licenses FM radio and TV
stations as either commercial or noncommercial educational (“NCE”). (All AM radio stations are
licensed as commercial facilities.) Commercial stations generally support themselves through the
sale of advertising. In contrast, NCE stations generally meet their operating expenses with
contributions received from listeners and viewers, and also may receive government funding. In
addition, NCE stations may receive contributions from for-profit entities, and are permitted to
acknowledge such contributions or underwriting donations with announcements naming and
generally describing the contributing party or donor. However, NCE stations may not broadcast
commercials or other promotional announcements on behalf of for-profit entities. These
limitations on NCE stations are discussed further at page 21 of this Manual.
Applications to Build New Stations; Length of the License Period. Before a party can build a
new TV or radio station, it first must apply to the FCC for a construction permit. The applicant
must demonstrate in its application that it is qualified to construct and operate the station as
specified in its application and that its proposed facility will not cause objectionable interference
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to any other station. Once its application has been granted, the applicant is issued a construction
permit, which authorizes it to build the station within a specified period of time, usually three
years. After the applicant (now considered a “permittee”) builds the station, it must file a license
application, in which it certifies that it has constructed the station consistent with the technical and
other terms specified in its construction permit. Upon grant of that license application, the FCC
issues the new license to operate to the permittee (now considered a “licensee”), which authorizes
the new licensee to operate for a stated period of time, up to eight years. At the close of this
period, the licensee must seek renewal of its station license.
Applications for License Renewal. Licenses expire and renewal applications are due on a
staggered basis, based upon the state in which the station is licensed. Before we can renew a
station’s license, we must first determine whether, during the preceding license term, the licensee
has served the public interest; has not committed any serious violations of the Communications
Act or the FCC’s rules; and has not committed other violations which, taken together, would
constitute a pattern of abuse. To assist us in this evaluative process, a station licensee must file a
renewal application (FCC Form 303-S), in which it must respond concerning whether:
it has sent us certain required reports;
neither it nor its owners have or have had any interest in a broadcast application involved
in an FCC proceeding in which character issues were resolved adversely to the applicant
or were left unresolved, or were raised in connection with a pending application;
its ownership is consistent with the Communications Act’s restrictions on licensee
interests held by foreign governments, foreign corporations, and non-U.S. citizens;
there has not been an adverse finding or adverse final action against it or its owners by a
court or administrative body in a civil or criminal proceeding involving a felony, mass
media-related antitrust or unfair competition law, the making of fraudulent statements to a
governmental unit, or discrimination;
there were no adjudicated violations of the Communications Act or the Commission's
rules during the current license term;
neither the licensee nor its owners have been denied federal benefits due to drug law
violations;
its station operation complies with the Commission's radiofrequency (“RF”) radiation
exposure standards;
it has, in a timely manner, placed and maintained certain specified materials in its public
inspection file (as discussed at pages 25-31 of this Manual);
it has not discontinued station operations for more than 12 consecutive months during the
preceding license term and is currently broadcasting programming;
it has filed FCC Form 396, the Broadcast Equal Employment Opportunity Program
Report; and
if the application is for renewal of a television license, it has complied with the limitations
on commercial matter aired during children’s programming and filed the necessary
Children’s Television Programming Reports (FCC Form 398) (as discussed at page 17 of
this Manual).
Digital Television. After February 17, 2009, all full-power TV stations are required to stop
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broadcasting in analog and continue broadcasting only in digital. This is known as the “DTV
transition.” Because digital is much more efficient than analog, part of the scarce and valuable
spectrum that is currently used for analog broadcasting will be used for important new services
such as enhanced public safety communications for police, fire departments, and emergency
rescue workers. Part of the spectrum will also be made available for advanced wireless services
such as wireless broadband.
Digital broadcasting also enables television stations to offer viewers several benefits. For
example, stations broadcasting in digital can offer viewers improved picture and sound quality as
well as more programming options (referred to as “multicasting”) because digital technology
gives each television station the ability to broadcast multiple channels at the same time.
Consumers who receive television signals via over-the-air antennas (as opposed to subscribers to
pay services like cable and satellite TV) will be able to receive digital signals on their analog sets if
they purchase a digital-to-analog converter box that converts the digital signals to analog.
Alternatively, if consumers purchase a digital television (a TV with built in digital tuner), they will
be able to receive digital broadcast programming. If your TV set receives local broadcast stations
through a paid provider such as cable or satellite TV, it is already prepared for the DTV
transition.
Regarding consumers who are shopping for new televisions, the Commission's digital tuner rule
prohibits the importation or interstate shipment of any device containing an analog tuner unless it
also contains a digital tuner. Retailers may continue to sell analog-only devices from existing
inventory. However, at the point of sale, retailers must post notices advising consumers that TV
sets and equipment such as VCRs that contain only an analog tuner will not be able to receive
over-the-air-television signals from full-power broadcast stations after February 17, 2009, without
the use of a digital-to-analog converter box.
Television broadcasters must promote public awareness of the DTV transition with an on-air
education campaign, providing consumers with information about the transition. They must report
their efforts on a quarterly basis by filing FCC Form 388 with the Commission, posting each such
Form on their website and placing them in their station public inspection files.
While the February 17, 2009, deadline for ending analog broadcasts does not apply to low-power,
Class A, and TV translator stations, these stations will eventually transition to all-digital service.
In the meantime, some consumers may continue to receive programming from these stations in
analog format after the transition date.
Additional information concerning the DTV transition can be found on the FCC’s website, at
http://www.dtv.gov, or by calling toll free 1-888-CALL-FCC (Voice) or 1-888-TELL-FCC
(TTY).
Digital Radio. The FCC has also approved digital operation for AM and FM radio broadcast
stations (often referred to as “HD Radio”). As with DTV, digital radio substantially improves the
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quality of the radio signal and allows a station to offer multicasting over several programming
streams, as well as certain enhanced services. Unlike the mandatory digital transition deadline for
television stations however, radio stations will be able to continue to operate in analog and will
have discretion whether also to transmit in digital and, if so, when to begin such operation. In
order to receive the digital signals of those stations that choose to so operate, consumers will
have to purchase new receivers.
Because digital radio technology allows a radio station to transmit simultaneously in both analog
and digital, however, listeners will be able to continue to use their current radios to receive the
analog signals of radio stations that transmit both analog and digital signals. Receivers are being
marketed that incorporate both modes of reception, with the ability to automatically switch to the
analog signal if the digital signal cannot be detected or is lost by the receiver. For additional
information about digital radio, see http://www.fcc.gov/mb/audio/digital/index.html.
Public Participation in the Licensing Process
Renewal Applications. You can submit a protest against a station’s license renewal application
by filing a formal petition to deny its application, or by sending us an informal objection to the
application. Before its license expires, each station licensee must broadcast a series of
announcements providing the date its license will expire, the filing date for the renewal
application, the date by which formal petitions against it must be filed, and the location of the
station’s public inspection file that contains the application. Petitions to deny the application must
be filed by the end of the first day of the last full calendar month of the expiring license term. (For
example, if the license expires on December 31, we must receive any petition at our Washington,
D.C. headquarters by the end of the day on December 1.)
Broadcast licenses generally expire on a staggered basis, by state, with most radio licenses next
expiring between October 1, 2011 and August 1, 2014, and most television licenses expiring
between October 1, 2012 and August 1, 2015, one year after the radio licenses in the same state.
A listing of the next expiration dates for radio and television licenses, by state, can be found on
the Commission’s website at http://www.fcc.gov/localism/renewals.html. Before you file a
petition to deny an application, you should check our rules and policies to make sure that your
petition complies with our procedural requirements. A more complete description of these
procedures and requirements can be found on the Commission’s website at
http://www.fcc.gov/localism/renew_process_handout.pdf. You can also file an informal objection
at any time before we either grant or deny the application. Instructions for filing informal
objections can be found on the Commission’s website at
http://www.fcc.gov/localism/renew_process_handout.pdf. If you have any specific questions, you
may also contact our Broadcast Information Specialist for radio or television, depending on the
nature of your inquiry, by calling toll-free, by facsimile, or by sending an e-mail in the manner
noted at pages 32-33 of this Manual.
Other Types of Applications. You can also participate in the application process by filing a
petition to deny when someone applies for a new station, and when a station is to be sold
(technically called an “assignment” of the license), its licensee is to undergo a major transfer of
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stock or other ownership, or control (technically called a “transfer of control”), or the station
proposes major facility changes. The applicant is required to publish a series of notices in the
closest local newspaper, containing information similar to that noted above regarding renewal
applications, when it files these types of applications. Upon receipt of the application, the FCC
will issue a Public Notice and begin a 30-day period during which petitions to deny these
applications may be filed. (All FCC Public Notices are included in the Commission’s Daily Digest
and are posted on our website at http://www.fcc.gov/Daily_Releases/Daily_Digest). As with
renewal applications, you can also file an informal objection to these types of applications, or any
other applications, at any time before we either grant or deny the application. Again, if you have
any specific questions about our processes or the status of a particular application involving a
station, you may contact our Broadcast Information Specialist for radio or television, depending
on the nature of your inquiry, by calling toll-free, by facsimile, or by sending an e-mail in the
manner noted at pages 32-33 of this Manual.
BROADCAST PROGRAMMING: BASIC LAW AND POLICY
The FCC and Freedom of Speech. The First Amendment, as well as Section 326 of the
Communications Act, prohibits the Commission from censoring broadcast material and from
interfering with freedom of expression in broadcasting. The Constitution’s protection of free
speech includes that of programming that may be objectionable to many viewer or listeners.
Thus, the FCC cannot prevent the broadcast of any particular point of view. In this regard, the
Commission has observed that “the public interest is best served by permitting free expression of
views.” However, the right to broadcast material is not absolute. There are some restrictions on
the material that a licensee can broadcast. We discuss these restrictions below.
Licensee Discretion. Because the Commission cannot dictate to licensees what programming
they may air, each individual radio and TV station licensee generally has discretion to select what
its station broadcasts and to otherwise determine how it can best serve its community of license.
Licensees are responsible for selecting their entertainment programming, as well as programs
concerning local issues, news, public affairs, religion, sports events, and other subjects. As
discussed at page 29 of this Manual, broadcast licensees must periodically make available detailed
information about the programming that they air to meet the needs and problems of their
communities, which can be found in each station public file. They also decide how their programs
will be structured and whether to edit or reschedule material for broadcasting. In light of the First
Amendment and Section 326 of the Communications Act, we do not substitute our judgment for
that of the licensee, nor do we advise stations on artistic standards, format, grammar, or the
quality of their programming. Licensees also have broad discretion regarding commercials, with
the exception of those for political candidates during an election and the limitations on
advertisements aired during children’s programming (we discuss these respective requirements at
pages 13-14, and 17 of this Manual).
Criticism, Ridicule, and Humor Concerning Individuals, Groups, and Institutions. The
First Amendment's guarantee of freedom of speech similarly protects programming that
stereotypes or may otherwise offend people with regard to their religion, race, national
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background, gender, or other characteristics. It also protects broadcasts that criticize or ridicule
established customs and institutions, including the government and its officials. The Commission
recognizes that, under our Constitution, people must be free to say things that the majority may
abhor, not only what most people may find tolerable or congenial. However, if you are offended
by a station’s programming, we urge you to make your concerns known to the station licensee, in
writing.
Programming Access. In light of their discretion to formulate their programming, station
licensees are not required to broadcast everything that is offered or otherwise suggested to them.
Except as required by the Communications Act, including the use of stations by candidates for
public office (discussed at pages 13-14 of this Manual), licensees have no obligation to allow any
particular person or group to participate in a broadcast or to present that person or group’s
remarks.
BROADCAST PROGRAMMING:
LAW AND POLICY ON SPECIFIC KINDS OF PROGRAMMING
Broadcast Journalism
Introduction. As noted above, in light of the fundamental importance of the free flow of
information to our democracy, the First Amendment and the Communications Act bar the FCC
from telling station licensees how to select material for news programs, or prohibiting the
broadcast of an opinion on any subject. We also do not review anyone’s qualifications to gather,
edit, announce, or comment on the news; these decisions are the station licensee’s responsibility.
Nevertheless, there are two issues related to broadcast journalism that are subject to Commission
regulation: hoaxes and news distortion.
Hoaxes. The broadcast by a station of false information concerning a crime or catastrophe
violates the FCC's rules if:
the station licensee knew that the information was false,
broadcasting the false information directly causes substantial public harm, and
it was foreseeable that broadcasting the false information would cause such harm.
In this context, a “crime” is an act or omission that makes the offender subject to criminal
punishment by law, and a “catastrophe” is a disaster or an imminent disaster involving violent or
sudden events affecting the public. The broadcast must cause direct and actual damage to
property or to the health or safety of the general public, or diversion of law enforcement or other
public health and safety authorities from their duties, and the public harm must begin immediately.
If a station airs a disclaimer before the broadcast that clearly characterizes the program as fiction
and the disclaimer is presented in a reasonable manner under the circumstances, the program is
presumed not to pose foreseeable public harm. Additional information about the hoax rule can be
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found on the FCC’s website at http://www.fcc.gov/cgb/consumerfacts/falsebroadcast.html.
News Distortion. The Commission often receives complaints concerning broadcast journalism,
such as allegations that stations have aired inaccurate or one-sided news reports or comments,
covered stories inadequately, or overly dramatized the events that they cover. For the reasons
noted above, the Commission generally will not intervene in such cases because it would be
inconsistent with the First Amendment to replace the journalistic judgment of licensees with our
own. However, as public trustees, broadcast licensees may not intentionally distort the news: the
FCC has stated that “rigging or slanting the news is a most heinous act against the public
interest.” The Commission will investigate a station for news distortion if it receives documented
evidence of such rigging or slanting, such as testimony or other documentation, from individuals
with direct personal knowledge that a licensee or its management engaged in the intentional
falsification of the news. Of particular concern would be evidence of the direction to employees
from station management to falsify the news. However, absent such a compelling showing, the
Commission will not intervene. For additional information about news distortion, see
http://www.fcc.gov/cgb/consumerfacts/journalism.html.
Political Broadcasting: Candidates for Public Office. In recognition of the particular
importance of the free flow of information to the public during the electoral process, the
Communications Act and the Commission’s rules impose specific obligations on broadcasters
regarding political speech.
Reasonable Access. The Communications Act requires that broadcast stations
provide “reasonable access” to candidates for federal elective office. Such access
must be made available during all of a station’s normal broadcast schedule,
including television prime time and radio drive time. In addition, federal
candidates are entitled to purchase all classes of time offered by stations to
commercial advertisers, such as preemptible and non-preemptible time. The only
exception to the access requirement is for bona fide news programming (as defined
below), during which broadcasters may choose not to sell airtime to federal
candidates. Broadcast stations have discretion as to whether to sell time to
candidates in state and local elections.
Equal Opportunities. The Communications Act requires that, when a station
provides airtime to a legally qualified candidate for any public office (federal, state,
or local), the station must “afford equal opportunities to all other such candidates
for that office.” The equal opportunities provision of the Communications Act
also provides that the station “shall have no power of censorship over the material
broadcast” by the candidate. The law exempts from the equal opportunities
requirement appearances by candidates during bona fide news programming,
defined as an appearance by a legally qualified candidate on a bona fide newscast,
interview, or documentary (if the appearance of the candidate is incidental to the
presentation of the subject covered by the documentary) or on–the–spot coverage
of a bona fide news event (including debates, political conventions and related
incidental activities).
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In addition, a station must sell political advertising time to certain candidates during specified
periods before a primary or general election at the lowest rate charged for the station’s most
favored commercial advertiser. Stations must maintain and make available for public inspection,
in their public inspection files, a political file containing certain documents and information,
discussed at page 28 of this Manual. For additional information about the political rules, see
http://www.fcc.gov/mb/policy/political/.
Objectionable Programming
Programming Inciting “Imminent Lawless Action.” The Supreme Court has held that the
government may curtail speech if it is both: (1) intended to incite or produce “imminent lawless
action;” and (2) likely to “incite or produce such action.” Even when this legal test is met, any
review that might lead to a curtailment of speech is generally performed by the appropriate
criminal law enforcement authorities, not by the FCC.
Obscene, Indecent, or Profane Programming. Although, for the reasons discussed earlier, the
Commission is generally prohibited from regulating broadcast content, the courts have held that
the FCC’s regulation of obscene and indecent programming is constitutional, because of the
compelling societal interests in protecting children from potentially harmful programming and
supporting parents’ ability to determine the programming to which their children will be exposed
at home.
Obscene material is not protected by the First Amendment and cannot be broadcast at any time.
To be obscene, the material must have all of the following three characteristics:
an average person, applying contemporary community standards, must find that the
material, as a whole, appeals to the prurient interest;
the material must depict or describe, in a patently offensive way, sexual conduct
specifically defined by applicable law; and
the material, taken as a whole, must lack serious literary, artistic, political, or scientific
value.
Indecent material is protected by the First Amendment, so its broadcast cannot constitutionally
be prohibited at all times. However, the courts have upheld Congress' prohibition of the
broadcast of indecent material during times of the day in which there is a reasonable risk that
children may be in the audience, which the Commission has determined to be between the hours
of 6 a.m. and 10 p.m. Indecent programming is defined as “language or material that, in context,
depicts or describes, in terms patently offensive as measured by contemporary community
standards for the broadcast medium, sexual or excretory organs or activities.” Broadcasts that fall
within this definition and are aired between 6 a.m. and 10 p.m. may be subject to enforcement
action by the FCC.
Profane material also is protected by the First Amendment, so its broadcast cannot be outlawed
entirely. The Commission has defined such program matter to include language that is both “so
grossly offensive to members of the public who actually hear it as to amount to a nuisance” and is
sexual or excretory in nature or derived from such terms. Such material may be the subject of
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possible Commission enforcement action if it is broadcast within the same time period applicable
to indecent programming: between 6 a.m. and 10 p.m.
How to File an Obscenity, Indecency, or Profanity Complaint: In order to allow its staff to
make a determination of whether complained-of material is actionable, the Commission requires
that complainants provide certain information: (1) the date and time of the alleged broadcast; (2)
the call sign, channel or frequency of the station involved; and (3) the details of what was actually
said (or depicted) during the alleged indecent, profane, or obscene broadcast. Submission of an
audio or video tape, CD, DVD or other recording or transcript of the complained-of material is
not required but is helpful, as is specification of the name of the program, the on-air personality,
song, or film, and the city and state in which the complainant saw or heard the broadcast.
The fastest and easiest way to file a complaint containing this information is to use the FCC’s
electronic complaint form, Form 475B, which is available on the FCC’s website at
http://fjallfoss.fcc.gov/cgb/fcc475B.cfm.
You also may file a complaint about objectionable programming by mailing it to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, S.W.
Washington, D.C. 20554.
If you are submitting an audio or video tape, DVD, CD or other type of media with your
complaint, you should send it to the following address to avoid mail processing damage:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
9300 East Hampton Drive
Capitol Heights, Maryland 20743.
You can also electronically file your complaint at fccinfo@fcc.gov
You may also complain by calling the Commission, toll-free, at:
1-(888)-CALL-FCC (1-(888)-225-5322) (Voice)
1-(888)-TELL-FCC (1-(888)-835-5322) (TTY)
For additional information on the complaint process for obscene, indecent or profane material,
visit http://www.fcc.gov/eb/oip.
Violent Programming. Many members of the public have expressed concern about violent
television programming and the negative impact such broadcast material may have upon children.
In response to these concerns, and at the request of 39 members of the U.S. House of
Representatives, the FCC conducted a proceeding seeking public comment on violent
programming. In April 2007, the Commission delivered to Congress a Report recommending that
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the industry voluntarily commit to reducing the amount of such programming viewed by children.
The Commission also suggested that Congress consider enacting legislation that would better
support parents’ efforts to safeguard their children from such objectionable programming. The
Commission’s Report can be accessed at http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-
07-50A1.pdf .
The V-Chip and TV Program Ratings. In light of the widespread concern about obscene,
indecent, profane, violent, or otherwise objectionable programming, in 1996, Congress passed a
law to require TV sets with screens 13 inches or larger to be equipped with a “V-Chip” – a device
that allows parents to program their sets to block TV programming that carries a certain rating.
Since 2000, all such sets manufactured with screens 13 inches or larger must contain the V-Chip
technology. This technology, which must be activated by parents, works in conjunction with a
voluntary television rating system created and administered by the television industry and others,
which enables parents to identify programming containing sexual, violent, or other content that
they believe may be harmful to their children. All of the major broadcast networks and most of the
major cable networks are encoding their programming with this ratings information to work with
the V-Chip. However, some programming, such as news and sporting events, and unedited
movies aired on premium cable channels, are not rated. In 2004, the FCC expanded the V-Chip
requirement to apply also to devices that do not have a display screen but are used with a TV set,
such as a VCR or a digital-to-analog converter box.
For more information about this ratings program, including a description of each ratings category,
please see the FCC’s V-Chip website at http://www.fcc.gov/cgb/consumerfacts/vchip.html.
Other Broadcast Content Regulation
Station Identification. Stations must air identification announcements when they sign on and off
for the day. They also must broadcast these announcements every hour, as close to the start of
the hour as possible, at a natural programming break. TV stations may make these announcements
on-screen or by voice only. Official station identification includes the station’s call letters,
followed by the community specified in its license as the station’s location. Between the call
letters and its community, the station may insert the name of the licensee, the station’s channel
number, and/or its frequency. It may also include any additional community or communities, as
long as it first names the community to which it is licensed by the FCC. DTV stations also may
identify their digital multicast programming streams separately if they wish, and, if so, must follow
the format described in the FCC’s rules.
Commencing as of a date to be determined, for television stations, twice daily, the station
identification will also have to include a notice of the existence, location and accessibility of the
station’s public file The notice will have to state that the station’s public file is available for
inspection and that members of the public can view it at the station’s main studio and on its
station website. Broadcast of at least one of these announcements will be required between the
hours of 6 p.m. and midnight.
Children’s Television Programming. Throughout its license term, every TV station must serve
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the educational and informational needs of children both by means of its overall programming and
through programming that is specifically designed to serve those needs. Licensees are eligible for
routine staff-level approval of the Children’s Television Act portion of their renewal applications
if they air at least three hours of “core” children’s television programming, per week, or
proportionally more if they provide additional free digital programming streams. Core
programming is defined as follows:
Educational and Informational. The programming must further the educational and
informational needs of children 16 years old and under (this includes their
intellectual/cognitive or social/emotional needs).
Specifically Designed to Serve These Needs. A program is considered “specifically
designed to serve the educational and information needs of children” if: (1) that is its
significant purpose; (2) it is aired between the hours of 7 a.m. and 10 p.m.; (3) it is a
regularly scheduled weekly program; and (4) it is at least 30 minutes in duration.
To ensure that parents and other interested parties are informed of the educational and
informational children’s programming that their area stations offer, television licensees must
identify each program specifically designed to “educate and inform” children by displaying the
icon “E/I” throughout the program. In addition, commercial stations must provide information
identifying such programs to the publishers of program guides.
During the broadcast of TV programs aimed at children 12 and under, advertising may not exceed
10.5 minutes an hour on weekends and 12 minutes an hour on weekdays.
These rules apply to analog and digital broadcasting. As discussed at page 9 of this Manual,
television stations have traditionally operated with analog technology. Television stations,
however, are in the process of switching to digital broadcasting, which greatly enhances their
capability to serve their communities. Among other things, digital technology permits stations to
engage in multicasting, that is, to air more than one stream of programming at the same time.
Digital stations that choose to air more than one stream of free, over-the-air video programming
must air proportionately more children’s educational programming than stations that air only one
stream of free, over-the-air video programming.
Each television licensee is required to prepare and place in the public inspection file at the station
a quarterly Children’s Television Programming Report (FCC Form 398) identifying its core
programming. These reports must also be filed electronically with the FCC each quarter and can
be viewed on the FCC’s website, at http://www.fcc.gov/mb/engineering/kidvid. This requirement
of the station’s public file is discussed at page 29 of this Manual.
The FCC has created a children’s educational television website to inform parents and other
members of the public about the obligation of every television broadcast station to provide
educational and informational programming for children. This website provides access to
background information about these obligations, as well as information about children’s
educational programs that are aired on television stations in your area and throughout the
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country. This website also can help TV stations comply with the children’s television
requirements. You can access the children’s educational television website by going to the FCC’s
main website at http://www.fcc.gov and double-clicking on the “Parents’ Place” listing under
“Consumer Center” on the FCC home page. Alternatively, you can go directly to the children’s
television website at http://www.fcc.gov/parents/childrenstv.html.
Station-Conducted Contests. A station that broadcasts or advertises information about a
contest that it conducts must fully and accurately disclose the material terms of the contest, and
must conduct the contest substantially as announced or advertised. Contest descriptions may not
be false, misleading, or deceptive with respect to any material term, including the factors that
define the operation of the contest and affect participation, such as entry deadlines, the prizes that
can be won, and how winners will be selected. Additional information about the contest rule can
be found at http://www.fcc.gov/cgb/consumerfacts/contests.html.
Lotteries. Federal law prohibits the broadcast of advertisements for a lottery or information
concerning a lottery. A lottery is any game, contest, or promotion that contains the elements of
prize, chance, and "consideration" (a legal term that means an act or promise that is made to
induce someone into an agreement). For example, casino gambling is generally considered to be a
“lottery” subject to the terms of the advertising restriction although, as discussed below, the
prohibition is not applied to truthful advertisements for lawful casino gambling. Many types of
contests, depending on their particulars, also are covered under this definition.
The statute and FCC rules list a number of exceptions to this prohibition, principally
advertisements for: (1) lotteries conducted by a state acting under the authority of state law, when
the advertisement or information is broadcast by a radio or TV station licensed to a location in
that state or in any other state that conducts such a lottery; (2) gambling conducted by an Indian
Tribe under the Indian Gaming Regulatory Act; (3) lotteries authorized or not otherwise
prohibited by the state in which they are conducted, and which are conducted by a not-for-profit
organization or a governmental organization; and (4) lotteries conducted as a promotional activity
by commercial organizations that are clearly occasional and ancillary to the primary business of
that organization, as long as the lotteries are authorized or not otherwise prohibited by the state in
which they are conducted.
In 1999, the Supreme Court held that the prohibition on broadcasting advertisements for lawful
casino gambling could not constitutionally be applied to truthful advertisements broadcast by
radio or television stations licensed in states in which such gambling is legal. Relying upon the
reasoning in that decision, the FCC and the United States Department of Justice later concluded
that the lottery advertising prohibition may not constitutionally be applied to the broadcast of any
truthful advertisements for lawful casino gambling, whether or not the state in which the
broadcasting station is located permits casino gambling. Additional information about the rule
concerning lotteries can be found at http://www.fcc.gov/cgb/consumerfacts/contests.html.
Soliciting Funds. No federal law prohibits the broadcast by stations of requests for funds for
legal purposes (including appeals by stations for contributions to meet their operating expenses),
if the money or other contributions are used for the announced purposes. However, federal law
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prohibits fraud by wire, radio or television – including situations in which money solicited for one
purpose is used for another – and doing so may lead to FCC sanctions, as well as to criminal
prosecution by the U.S. Department of Justice. Additional information about fund solicitation can
be found at http://www.fcc.gov/cgb/consumerfacts/contests.html.
Broadcast of Telephone Conversations. Before broadcasting a telephone conversation live or
recording a telephone conversation for later broadcast, a station must inform any party to the call
of its intention to broadcast the conversation. However, that notification is not necessary when
the other party knows that the conversation will be broadcast or such knowledge can be
reasonably presumed, such as when the party is associated with the station (for example, as an
employee or part-time reporter) or originates the call during a program during which the station
customarily broadcasts the calls. For additional information on the rule concerning the broadcast
of telephone conversations, see http://www.fcc.gov/eb/broadcast/telphon.html.
ACCESS TO BROADCAST MATERIAL BY PEOPLE WITH DISABILITIES
The Communications Act and the Commission’s rules require television station licensees to
broadcast certain information that makes viewing more accessible to people with disabilities.
Closed Captioning. Closed captioning is a technology designed to provide access to television
programming by persons with hearing disabilities by displaying, in text form, the audio portion of
a broadcast, as well as descriptions of background noise and sound effects. Closed captioning is
hidden as encoded data transmitted within the television signal. A viewer wishing to see the
captions must use a set-top decoder or a television with built-in decoder circuitry. All television
sets with screens 13 inches or larger manufactured since mid-1993, including digital sets, have
built-in decoder circuitry.
As directed by Congress in the Telecommunications Act of 1996, the FCC has adopted rules
requiring closed captioning of most, but not all, television programming. The rules require those
that distribute television programs directly to home viewers, including broadcast stations, to
comply with these rules. The rules also provide certain exemptions from the captioning
requirements. Additional information on the closed captioning requirements may be found on the
FCC website at http://www.fcc.gov/cgb/dro/caption.html.
Access to Emergency Information. The FCC also requires television stations to make the local
emergency information that they provide to viewers accessible to persons with disabilities. Thus,
if emergency information is provided aurally, such information also must be provided in a visual
format for persons who are deaf or hard of hearing. The emergency information may be closed
captioned or presented through an alternative method of visual presentation. Such methods
include open captioning, crawls, or scrolls that appear on the screen. The information provided
visually must include critical details regarding the emergency and how to respond. Critical details
could include, among other things, specific information regarding the areas that will be affected by
the emergency, evacuation orders, detailed descriptions of areas to be evacuated, specific
evacuation routes, approved shelters or the way to take shelter in one’s home, instructions on
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how to secure personal property, road closures, and how to obtain relief assistance. Similarly, if
the emergency information is presented visually, it must be made accessible. If the emergency
information interrupts programming, such as through a crawl, such information must be
accompanied with an aural tone to alert persons with visual disabilities that the station is
providing this information so that such persons may be alerted to turn to another source, such as a
radio, for more information. Additional information concerning this requirement can be found on
the FCC website at http://ftp.fcc.gov/cgb/consumerfacts/emergencyvideo.html.
BUSINESS PRACTICES AND ADVERTISING
Business Practices, Advertising Rates, and Profits. Except for the requirements concerning
political advertisements (discussed at pages 13-14 of this Manual), the limits on the number of
commercials that can be aired during children’s programming (see page 17), and the prohibition of
advertisements over noncommercial educational stations (see pages 21-22), the Commission does
not regulate a licensee’s business practices, such as its advertising rates or its profits. Rates
charged for broadcast time are matters for private negotiation between sponsors and stations.
Further, except for certain classes of political advertisements (see pages 13-14), station licensees
have full discretion to accept or reject any advertising.
Employment Discrimination and Equal Employment Opportunity (“EEO”). The FCC
requires that all licensees of radio and TV stations afford equal opportunity in employment. We
also prohibit employment discrimination on the basis of race, color, religion, national origin, or
sex. However, religious stations are permitted to require that some or all of their employees meet
a religious qualification.
Our EEO recruitment rules have three prongs. They require all stations that employ five or more
full-time employees (defined as those regularly working 30 hours a week or more) to:
widely distribute information concerning each full-time job vacancy, except for
vacancies that need to be filled under demanding or other special circumstances;
send notices of openings to organizations in the community that are involved in
employment if the organization requests such notices; and
engage in general outreach activities every two years, such as job fairs, internships,
and other community events.
Each licensee with five or more full-time employees must maintain records of its recruitment
efforts, and create and place in its public file an annual public file report listing specified
information about its recruitment efforts. (The requirements for the EEO portion of the public file
are discussed at page 28 of this Manual.) The annual EEO public file report must also be posted
on a station’s website, if one exists. In addition, television licensees with five or more full-time
employees and radio licensees with 11 or more full-time employees must file an FCC Form 397
Broadcast Mid-Term Report. Each licensee, regardless of size, must file an FCC Form 396 EEO
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Program Report with its license renewal application. Finally, a prospective station licensee must
file an FCC Form 396-A Broadcast Model Program Report with its new station or assignment or
transfer application. The FCC reviews EEO compliance at the time that it considers the station
renewal application, when it reviews Broadcast Mid-Term Reports, when it receives EEO
complaints, and during random station audits. A full range of enforcement actions is available for
EEO violations, including the imposition of reporting conditions, forfeitures, short-term license
renewal, and license revocation.
All EEO forms are electronically filed and are available for public review in CDBS, the FCC’s
access database (to access these reports, see
http://fjallfoss.fcc.gov/prod/cdbs/pubacc/prod/eeo_search.htm). As discussed at page 27 of this
Manual, in addition, copies of all FCC EEO audit letters, licensee responses, and FCC rulings
must be included in the audited station’s public file and are available for public review at the FCC
Public Reference Center in Washington, D.C. Additional information concerning the EEO rules is
available at http://www.fcc.gov/mb/policy/eeo/.
Sponsorship Identification. The sponsorship identification requirements contained in the
Communications Act and the Commission’s rules generally require that, when money or other
consideration for the airing of program material has been received by or promised to a station, its
employees or others, the station must broadcast full disclosure of that fact at the time of the airing
of the material, and identify who provided or promised to provide the consideration. This
requirement is grounded in the principle that members of the public should know who is trying to
persuade them with the programming being aired. This disclosure requirement also applies to the
broadcast of musical selections for consideration (so-called “payola”) and the airing of certain
video news releases. In the case of advertisements for commercial products or services, it is
sufficient for a station to announce the sponsor's corporate or trade name, or the name of the
sponsor's product (where it is clear that the mention of the product constitutes a sponsorship
identification). For additional information about the sponsorship identification and payola rules,
see http://www.fcc.gov/cgb/consumerfacts/PayolaRules.html.
Underwriting Announcements on Noncommercial Educational Stations. Noncommercial
educational stations may acknowledge contributions over the air, but they may not broadcast
commercials or otherwise promote the goods and services of for-profit donors or underwriters.
Acceptable "enhanced underwriting" acknowledgements of for-profit donors or underwriters may
include: (1) logograms and slogans that identify but do not promote; (2) location information; (3)
value-neutral descriptions of a product line or service; and (4) brand names, trade names, and
product service listings. However, such acknowledgements may not interrupt the station's regular
programming. For additional information about the underwriting rules, see
http://www.fcc.gov/eb/broadcast/enhund.html.
Loud Commercials. The FCC does not regulate the volume of broadcast programming,
including commercials. Surveys and technical studies reveal that the perceived loudness of
particular broadcast matter is a subjective judgment that varies with each viewer and listener and
is influenced by many factors, such as the material’s content and style and the voice and tone of
the person speaking. The FCC has found no evidence that stations deliberately raise audio and
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modulation levels to emphasize commercial messages.
Manually controlling the set’s volume level or using the “mute” button with a remote control
constitutes the simplest approach to reducing volume levels deemed to be excessive. Many
television receivers are equipped with circuits that are designed to stabilize the loudness between
programs and commercials. These functions usually must be activated through the receiver’s “set
up/audio” menu. Should these techniques fail to resolve the problem, you may consider
addressing any complaint about broadcast volume levels to the licensee of the station involved.
Additional information about loud commercials can be found at
http://www.fcc.gov/cgb/consumerfacts/backgroundnoise.html.
False or Misleading Advertising. The Federal Trade Commission has primary responsibility for
determining whether an advertisement is false or deceptive and for taking action against the
sponsor. The Food and Drug Administration has primary responsibility for the safety of food and
drug products. Depending on the nature of the advertisement, you should contact these agencies
regarding advertisements that you believe may be false or misleading. Additional information
about false or misleading advertising can be found at
http://www.fcc.gov/cgb/consumerfacts/advertising.html.
Offensive Advertising. Unless a broadcast advertisement is found to be in violation of a specific
law or rule, the government cannot take action against it. However, if you believe that an
advertisement is offensive because of the nature of the item advertised, the scheduling of the
announcement, or the manner in which the message is presented, you should consider addressing
your complaint directly to the station or network involved, providing the date and time of the
broadcast and the product or advertiser in question. This will help those involved in the selection
of advertising material to become better informed about audience opinion.
Tobacco and Alcohol Advertising. Federal law prohibits the airing of advertising for cigarettes,
little cigars, smokeless tobacco, and chewing tobacco on radio, TV, or any other medium of
electronic communication under the FCC's jurisdiction. However, the advertising of smoking
accessories, cigars, pipes, pipe tobacco, or cigarette-making machines is not prohibited. Congress
has not enacted any law prohibiting broadcast advertising of any kind of alcoholic beverage, and
the FCC does not have a rule or policy regulating such advertisements.
Subliminal Programming. The Commission sometimes receives complaints regarding the
alleged use of subliminal perception techniques in broadcast programming. Subliminal
programming is designed to be perceived on a subconscious level only. Regardless of whether it
is effective, the broadcast of subliminal material is inconsistent with a station's obligation to serve
the public interest because it is designed to be deceptive.
BLANKETING INTERFERENCE
Rules. Some members of the public situated close to a radio station's transmitting antenna may
experience impaired reception of other stations. This is called "blanketing" interference. The
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Commission’s rules impose certain obligations on licensees to resolve such interference
complaints. Complaints about such interference involving radio stations are handled by the Media
Bureau’s Audio Division. Blanketing interference is a less common occurrence with television
stations than with radio stations due to the location and height of TV transmitting antennas. If
this phenomenon does occur with a television station, the Media Bureau’s Video Division will
handle complaints on a case-by case-basis, subject to the radio guidelines noted below.
At the outset, the policy is designed to provide protection from interference for individuals within
a certain distance from a station (in an area known as the station’s “blanketing contour”) and only
involving electronic devices that pick up an over-the-air signal from a broadcast radio or
television station. Thus, stations are not required to resolve interference complaints involving the
following:
A complaint from a party located outside of the station’s blanketing contour (115 dBu
contour for FM stations, 1 V/m contour for AM stations).
Improperly installed antenna systems.
Use of high gain antennas or antenna booster amplifiers.
Mobile receivers, including but not limited to car radios, portable stereos or cellular
phones.
Non-radio frequency (“RF”) devices, including but not limited to, tape recorders, CD
players, MP3 players or “land-line” telephones.
Cordless telephones.
For complaints from parties located within the station’s blanketing contour involving non-mobile
television or radio receivers, a station must resolve the interference complaint at no cost to the
complaining party if the party notifies the station of the problem during the first year that the
station operates its new or modified facilities. For similar complaints received after the first year
of such operation has passed, although the station is not financially responsible for resolving the
complaint, it must provide effective technical assistance to the complaining party. These efforts
must include the provision of information and assistance sufficiently specific to enable the
complaining party to eliminate all blanketing interference and not simply an attempt by the station
to correct the problems. Such assistance entails providing specific details about proper corrective
measures to resolve the blanketing interference. For example, stations should provide the
complaining party with diagrams and descriptions which explain how and where to use
radiofrequency chokes, ferrite cores, filters, and/or shielded cable. In addition, effective technical
assistance also includes recommending replacement equipment that would work better in high
radiofrequency fields. Effective technical assistance does not mean referring the complainant to
the equipment manufacturer.
How to Resolve Blanketing Interference Problems. If you believe that you are receiving
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blanketing or any other type of interference to broadcast reception, we encourage you to first
communicate directly, in writing, with the licensee of the station that you believe is causing the
interference. If the licensee does not satisfactorily resolve the problem, you can mail, fax, or e-
mail a complaint to us as follows:
For radio stations: Federal Communications Commission
Audio Division, Media Bureau
445 12th St., S.W.
Washington, D.C. 20554
Fax number: (202) 418-1411
E-mail address: radioinfo@fcc.gov
For TV stations: Federal Communications Commission
Video Division, Media Bureau
445 12th St., S.W.
Washington, D.C. 20554
Fax number: (202) 418-2827
E-mail address: tvinfo@fcc.gov
Your complaint should include: (1) your name, address, and phone number; (2) the call letters of
each station involved; (3) each location at which the interference occurs; and (4) each specific
device receiving the interference. The more specific your complaint is, the easier it is for us and
any station involved to identify and resolve the interference problem.
OTHER INTERFERENCE ISSUES
In many cases in which you receive interference on your television set or radio, the source of the
problem could be with your equipment, which may not be adequately designed with circuitry or
filtering to reject the unwanted signals of nearby transmitters. We recommend that you contact
the equipment manufacturer or the store at which the equipment was purchased to attempt to
resolve the interference problem. You can find more information about broadcast interference on
the Commission's website, at http://www.fcc.gov/cgb/consumerfacts/interference.html.
THE LOCAL PUBLIC INSPECTION FILE
Requirement to Maintain a Public Inspection File. Our rules require that all licensees and
permittees of TV and radio stations and applicants for new broadcast stations maintain a file
available for public inspection. This file must contain documents relevant to the station's
operation and dealings with the community and the FCC. The public inspection file generally
must be maintained at the station's main studio. To obtain the location and phone number of a
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station's main studio, consult your local telephone directory, or call the station’s business office.
You may also be able to find this information on the station’s Internet website, if one exists.
Purpose of the File. Because we do not routinely monitor each station's programming and
operations, viewers and listeners are an important source of information about the nature of their
area stations’ programming, operations, and compliance with their FCC obligations. The
documents contained in each station's public inspection file have information about the station that
can assist the public in this important monitoring role.
As discussed in this Manual, every station has an obligation to provide news, public affairs, and
other programming that specifically treats the important issues facing its community, and to
comply with the Communications Act, the Commission’s rules, and the terms of its station
license. We encourage a continuing dialogue between broadcasters and members of the public to
ensure that stations meet their obligations and remain responsive to the needs of the local
community. Because you watch and listen to the stations that we license, you can be a valuable
and effective advocate to ensure that your area’s stations comply with their localism obligation
and other FCC requirements.
Viewing the Public Inspection File. Each broadcast licensee, permittee, and applicant must
make its station public inspection file available to members of the public at any time during regular
business hours. Although you do not need to make an appointment to view the file, making one
may be helpful both to the station and to you.
A station that chooses to maintain all or part of its public file on a computer database must
provide you a computer terminal if you wish to review the file. As of a date to be determined,
television stations will also be required to post most of the content of their public files on their
Internet websites, if they have them, or on their state broadcasters association’s website, if
permitted. Radio stations have not yet been required to post their files on their websites, but may
do so if they wish. If you want to view a station's public file over the Internet, you should check
its website or contact the station to determine if the file is posted.
You may request copies of materials in the file, which the station must provide to you at a
reasonable charge, by visiting the station in person. In addition, if the station's public file is
located outside of its community of license (and you live within the station's service area and your
request does not involve the station's political file), you may request copies of materials in the file
over the telephone. To facilitate telephone requests, we require stations to provide you a copy of
the current version of this Manual free of charge if you so request. The Manual can help you
identify other documents you may ask to have mailed to you. Stations should assist callers in this
process and answer questions you may have about the actual contents of the public file. This
information may include, for example, the number of pages and time periods covered by a
particular ownership report or children's television programming report, or the types of
applications actually maintained in the station's public file and the dates on which they were filed
with the FCC. Finally, if you ask a broadcast station for photocopies of material in its public
inspection file, the station may require you to pay for those photocopies. Therefore, the station
may require a guarantee of payment in advance (such as with a deposit or a credit card). The
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station must pay the postage for copies requested by telephone. Stations must fulfill requests for
copies within a reasonable period of time, which generally should not exceed seven calendar days
after the request is made. For additional information on these public file requirements, see
http://www.fcc.gov/eb/broadcast/pif.html.
Contents of the File. The following materials must be maintained in each station public
inspection file:
The License. Stations must keep a copy of their current FCC construction permit or
license in the public file, together with any material documenting Commission-approved
modifications to the authorization. The license or permit reflects the station's authorized
technical parameters (such as its frequency, call letters, operating power and transmitter
location), as well as any special conditions imposed by the FCC on the station's operation.
It also indicates when it was issued and when it will expire.
Applications and Related Materials. The public file must contain copies of all
applications involving the station filed with the Commission that are still pending before
either the FCC or the courts. These include applications to sell the station or to modify its
facilities (for example, to increase power, change the antenna system, or change the
transmitter location). If a petition to deny any application was filed, the file must contain a
statement to that effect, and the name and address of the petitioning party. Applications
must be maintained until “final” FCC action on them, when the action can no longer be
appealed or reversed.
The station must also keep copies of any granted construction permit or assignment or
transfer application if its grant required us to waive our rules. Applications that required a
waiver, together with any related material, will reflect each particular rule that we waived,
and must be maintained as long as any such waiver remains in effect.
Also, if the FCC renewed the station license for less than a full term, the station must keep
that renewal application (FCC Form 303-S) in the file until grant of its next renewal
application by final FCC action. We may grant such a short-term renewal when we are
concerned about the station's performance over the previous term. These concerns will be
reflected in the renewal-related materials in the public file.
Citizen Agreements. Commercial stations must keep copies of any written agreements
that they make with local viewers or listeners. These "citizen agreements" may deal with
programming, employment, or other issues of community concern. The station must keep
these agreements in the public file for as long as they are in effect.
Contour Maps. The public file must contain copies of any station service contour maps
or other information submitted with any application filed with the FCC that reflects the
station's service contours and/or its main studio and transmitter locations. The
Commission’s application forms require submission of contour maps only from stations
that do not certify that their signals cover their city of license. These documents must stay
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in the file for as long as they remain current and accurate regarding the station.
Material Relating to an FCC Investigation or Complaint. Stations must keep material
relating to any matter that is the subject of an FCC investigation (including EEO audits) or
a complaint that the station has violated the Communications Act or FCC rules. The
station must keep this material in its file until the FCC notifies it that the material may be
discarded. Since the FCC is not involved in disputes regarding matters unrelated to the
Communications Act or FCC rules, such as private contractual disputes, stations do not
have to retain material relating to such disputes in the public file.
Ownership Reports and Related Material. The public file must contain a copy of the
most recent, complete ownership report (FCC Form 323 for commercial stations, FCC
Form 323-E for noncommercial educational stations) filed for the station. Among other
things, these reports disclose the names of the owners of the station licensee and their
ownership interests, list any contracts related to the station that are required to be filed
with the FCC, and identify any interests in other broadcast stations held by the station
licensee or its owners.
List of Contracts Required to be Filed with the FCC. Stations must keep in the public
file either copies of all the contracts that they have to file with the FCC, or an up-to-date
list identifying all such contracts. If the station keeps a list and a member of the public
asks to see copies of the actual contracts, the station must provide the copies to the
requester within seven calendar days. Contracts required to be maintained or listed in the
public inspection file include:
contracts relating to network service (network affiliation contracts);
contracts relating to ownership or control of the licensee or permittee or its
stock. Examples include articles of incorporation, bylaws, agreements
providing for the assignment of a license or permit or affecting stock
ownership or voting rights (stock options, pledges, or proxies), and mortgage
or loan agreements that restrict the licensee or permittee's freedom of
operation; and
management consultant agreements with independent contractors, and
contracts relating to the utilization in a management capacity of any person
other than an officer, director, or regular employee of the licensee.
Political File. Stations must keep a file which contains “a complete record of a request to
purchase broadcast time that: (A) is made by or on behalf of a legally qualified candidate
for public office; or (B) communicates a message relating to any political matter of
national importance, including: (i) a legally qualified candidate; (ii) any election to federal
office; or (iii) a national legislative issue of public importance.” The file must identify how
the station responded to such requests and, if the request was granted, the charges made, a
schedule of time purchased, the times the spots actually aired, the rates charged, and the
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classes of time purchased. The file also must reflect any free time provided to a candidate.
The station must keep the political records in the file for two years after the spot airs.
(You can find more information regarding the political broadcasting laws at pages 13-14
of this Manual.)
EEO Materials. As noted earlier, licensees must submit certain forms containing EEO
information and include copies in their station public files. Thus, all stations employing
five or more full-time employees must put an EEO public file report in their station public
file each year. We also require each radio and TV station licensee to file a Form 396 EEO
Program Report with its license renewal application and to include the Report in its public
file. Those licensees that file a Form 397 Broadcast Mid-Term Report must also include a
copy in the public file. These materials must be retained in the file until final action on the
station’s next license renewal application. A new station applicant or prospective station
buyer, if it intends to employ five or more full-time employees, must file a Form 396-A
Broadcast EEO Model Program Report with its new station assignment or transfer
application and the Report must be included in the public file as a part of the underlying
application and retained in the file until the grant of the underlying application becomes
final. (You can find more information regarding the EEO rules at pages 20-21 of this
Manual.)
“The Public and Broadcasting.” Stations must keep a copy of the current version of
this Manual in the public file and provide a copy, upon request, to any member of the
public. As noted above, you can also request a copy from the FCC or access it on our
Internet website at http://www.fcc.gov/mb/audio/decdoc/public_and_broadcasting.html.
Letters and E-Mails from the Public. Commercial stations must keep in their files, for
at least three years, written comments, suggestions, and e-mails received from the public
regarding their operation. (Noncommercial educational stations are not subject to this
requirement.) This obligation is limited to comments, suggestions, and e-mails sent to
station management or a publicized station address. Letters need not be placed in the
public inspection file when the author has requested that the letter not be made public or
when the licensee feels that it should be excluded from public inspection because of the
nature of its content (such as defamatory or obscene letters). Moreover, although
television stations that post their public file materials on their websites must include e-
mails received from the public, they need not post letters from the public, as long as they
include hard copies of such letters in their public files, and a notice on their website that
the letters can be located in the file. As noted above, all or a part of a station public file
may be maintained on a computer database, as long as a computer terminal is made
available, at the location of the file, for members of the public who wish to review the file.
Accordingly, as an alternative to maintaining hard copies of e-mails in the public file, a
station may place the e-mails on a computer database, as long as a terminal is made
available at the location of the public file to members of the public who wish to review
the file.
Quarterly Programming Reports. Every three months, each broadcast radio and
television station licensee must prepare and place in its station public file a list of programs
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containing its most significant treatment of community issues during the preceding three
months (“issues/programs lists”). The list must briefly describe both the issue and the
programming during which the issue was discussed, including the date and time that each
such program was aired and its title and duration. The licensee must keep these lists in the
file until the next grant of the station renewal application has become final. Television
stations will be required to file a Standardized Television Disclosure Form instead of these
lists once that form is approved and made available. The form, which will also be filed
quarterly, will require commercial and noncommercial educational television broadcasters
to provide detailed information on the efforts of their station to provide programming
responsive to issues facing their communities in a standardized format.
Children's Television Programming Reports. As discussed at pages 17-18 of this
Manual, the Children's Television Act of 1990 and our rules require each TV station to
serve the educational and informational needs of children by means of its overall
programming and through programming that is specifically designed to serve such needs.
Commercial TV stations must make and retain in their files Children's Television
Programming Reports (FCC Form 398) identifying the educational and informational
programming for children aired by the station. (Noncommercial educational stations are
not required to prepare these reports.) The report must include the name of the person at
the station responsible for collecting comments on the station's compliance with the
Children's Television Act. The station has to prepare these reports each calendar quarter,
and it must place them in the public file separate from the file's other material. The licensee
must keep these lists in the file until the next grant of the station renewal application has
become final. You can also view each station's reports on our website at
http://www.fcc.gov/parents/localprograms.html.
Records Regarding Children's Programming Commercial Limits. As also discussed
at page 17 of this Manual, the Children's Television Act of 1990 and our rules limit the
type and amount of advertising that may be aired during TV programming directed to
children 12 and under. Stations must keep records that substantiate compliance with this
limitation in their public files and retain them until the next grant of the station renewal
application has become final.
Time Brokerage Agreements. A time brokerage agreement is a type of contract that
generally involves a station's sale of blocks of airtime to a third-party broker, who then
supplies the programming to fill that time and sells the commercial spot announcements to
support the programming. Commercial radio and television stations must keep in their
public files a copy of every agreement involving: (1) time brokerage of that station, or (2)
time brokerage by any other station owned by the same licensee. These agreements must
be maintained in the file for as long as they are in force.
Lists of Donors. Noncommercial educational television and radio stations must keep in
their public files a list of donors supporting each specific program. These lists must be
retained for two years after the program at issue airs.
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Local Public Notice Announcements. As discussed at pages 10-11 of this Manual,
when someone files an application to build a new station or to renew, sell, or modify an
existing station, we generally require the applicant to make a series of local
announcements to inform the public of the application's existence and nature. These
announcements are either published in a local newspaper or made over the air on the
station, and are intended to give the public an opportunity to comment on the application.
A statement certifying compliance with this requirement, including the dates and times that
notice was given, must be placed in the public file. The only exception to this public
notice requirement is when the proposed station sale is “pro forma” and will not result in a
change of ultimate control, or the modification application does not contemplate a “major
change” of the station facilities.
Must-Carry or Retransmission Consent Election. The public file for all commercial
television stations must also contain documentation of the station’s election for carriage
over cable and satellite systems. In this regard, there are two ways that a broadcast TV
station can choose to be carried over a cable or satellite system: "must-carry" or
"retransmission consent." Each is discussed below.
Must-Carry. TV stations are generally entitled to be carried on cable television
systems in their local markets. A station that chooses to exercise this right
receives no compensation from the cable system. Satellite carriers may decide to
offer local stations in a designated market area. If they choose to offer one station,
then they must carry all the stations in that market that request carriage.
Retransmission Consent. Instead of exercising their "must-carry" rights,
commercial TV stations may choose to receive compensation from a cable system
or satellite carrier in return for granting permission to the cable system or satellite
carrier to carry the station. This option is available only to commercial TV
stations. Because it is possible that a station that elects this option may not reach
an agreement with the cable system, it may ultimately not be carried by the system.
Every three years, commercial TV stations must decide whether their relationship with
each local cable system and satellite carrier that offers local service will be governed by
must-carry or by retransmission consent agreements. Each commercial station must keep
a copy of its decision in the public file for the three-year period to which it pertains.
Noncommercial stations are not entitled to compensation in return for carriage on a cable
or satellite system, but they may request mandatory carriage on the system. A
noncommercial station making such a request must keep a copy of the request in the
public file for the duration of the period to which it applies.
DTV Transition Consumer Education Activity Reports. Each broadcast television
station must place in its station public file on a quarterly basis an FCC Form 388 DTV
Consumer Education Quarterly Activity Report outlining its efforts during the previous
quarter to educate consumers on the transition to digital television. These reports must be
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maintained in the file for one year. Additional information about the DTV transition can
be found at page 9 of this Manual.
COMMENTS OR COMPLAINTS ABOUT A STATION
Comments to Stations and Networks. If you feel the need to do so, we encourage you to write
directly to station management or to network officials to comment on their broadcast service.
These are the people responsible for creating and selecting the station's programs and
announcements and determining station operation. Letters to station and network officials keep
them informed about audience needs and interests, as well as on public opinion on specific
material and practices. Individuals and groups can often resolve problems with stations at the
local level.
Comments/Complaints to the FCC. We give full consideration to the broadcast complaints,
comments, and other inquiries that we receive. As stated above, we encourage you to first
contact the station or network directly about programming and operating issues. If your concerns
are not resolved in this manner, with the exception of complaints about obscene, indecent, or
profane programming, which should be submitted in the manner described at page 15 of this
Manual, and complaints about blanketing interference discussed at page 24, the best way to
provide all the information the FCC needs to process your complaint about other broadcast
matters is to complete fully the on-line complaint Form 2000E, which can be found at
http://www.fcc.gov/cgb/complaints.html. You can also call in, e-mail or file your complaint in
hard copy with the FCC’s Consumer Center in the following manner:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th St., S.W.
Washington, D.C. 20554
Fax number: (202) 418-0232
Telephone number: (888) 225-5322 (voice); (888)835-5322 (TTY)
E-mail address:fccinfo@fcc.gov
If you are submitting an audio or video tape, DVD, CD or other type of media with your
complaint, you should send it to the following address to avoid mail processing damage:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
9300 East Hampton Drive
Capitol Heights, Maryland 20743
If you do not use the on-line complaint Form 2000E, your complaint, at a minimum, should
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indicate: (1) the call letters of the station; (2) the city and state in which the station is located; (3)
the name, time, and date of the specific program or advertisement in question, if applicable; (4)
the name of anyone contacted at the station, if applicable; and (5) a statement of the problem, as
specific as possible, together with an audio or video tape, CD, DVD or other recording or
transcript of the program or advertisement that is the subject of your complaint (if possible).
Please include your name and address if you would like information on the final disposition of
your complaint; you may request confidentiality. We prefer that you submit complaints in writing,
although you may submit complaints that are time-sensitive by telephone, especially if they
involve safety concerns. Please be aware that we can only act on allegations that a station has
violated a provision of the Communications Act or the FCC's rules or policies.
In addition to (or instead of) filing a complaint, you can file a petition to deny or an informal
objection to an application that a station licensee has filed, such as a license renewal application.
This procedure is discussed at pages 10-11 of this Manual. You may obtain further information
on the petition to deny process on the Commission’s website, at
http://www.fcc.gov/localism/renew_process_handout.pdf . You may also wish to consider
reviewing our rules or contacting an attorney. You can find links to our rules on the Commission
website, at http://wireless.fcc.gov/index.htm?job=rules_and_regulations. As noted earlier, the
rules governing broadcast stations are generally found in Part 73 of Title 47 of the Code of
Federal Regulations.
BROADCAST INFORMATION SPECIALISTS
We have created contact points at the Commission, accessible via toll-free telephone numbers, by
fax, or over the Internet, dedicated to providing information to members of the public regarding
how they can become involved in the Commission’s processes. Should you have questions about
how do so, including inquiries about our complaint or petitioning procedures or the filing and
status of the license renewal, modification or assignment or transfer application for a particular
station, you may contact one of our Broadcast Information Specialists, by calling, by facsimile, or
by sending an e-mail, as noted below:
If your question relates to a radio station:
Toll-Free: (866) 267-7202 (Voice) or (877) 479-1433 (TTY)
Fax: (202) 418-1411
E-Mail: radioinfo@fcc.gov
If your question relates to a television station:
Toll-Free: (866) 918-5777 (Voice) or (866) 787-6222 (TTY)
Fax: (202) 418-2827
E-Mail: tvinfo@fcc.gov
If your question relates to both a radio and a television station or is general in nature, you may
contact either specialist.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPROVING THE FINAL PLAT FOR “MAJORCA ESTATES” SUBMITTED BY D.R. HORTON, INC., FOR THE PROPERTY GENERALLY LOCATED AT NW 208TH STREET AND NW 9TH COURT,
MORE PARTICULARLY DESCRIBED ON EXIBIT “A” ATTACHED
HERETO ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
On December 9, 2015, City Council approved the Majorca Estates Final Plat. The original Resolution
2015-202-2899 incorrectly stated a proposed development of fifty-one (51) townhomes. The applicant
is actually proposing to develop fifty-one (51) single-family homes.
Item L-3) Resolution
Majorca Estates
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
It is recommended that the City Council approve the amendment to Resolution 2015-202-2899.
Attachments:
Attachment ”A”- Legal Description
Attachment “B”- Final Plat of “Majorca Estates”
Attachment “C”- Letter of Compliance from Surveyor
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AMENDED RESOLUTION NO. 2015-202-2899 1
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE FINAL PLAT 5
FOR “MAJORCA ESTATES” SUBMITTED BY D.R. HORTON, 6
INC., FOR THE PROPERTY GENERALLY LOCATED AT NW 7
208TH STREET AND NW 9TH COURT, MORE PARTICULARLY 8 DESCRIBED ON EXIBIT “A” ATTACHED HERETO ATTACHED 9 HERETO; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, the Applicant, D.R. Horton, Inc., seeks approval of the Final Plat for 13
“Majorca Estates”, and 14
WHEREAS, the Applicant is proposing to develop fifty-one (51) single-family 15
homes, and 16
WHEREAS, the Final Plat has been reviewed by the City’s surveyor, and is in 17
compliance with Section 177.081(1) of the Florida Statutes and Chapter 28 of the 18
Miami-Dade County Code of Ordinances, and 19
WHEREAS, the City’s Planning and Zoning Department has reviewed the Final 20
Plat and finds that it is in compliance with Section 34-209 of the City’s Land 21
Development Code, 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 approves the Final Plat for “Majorca Estates” submitted by D.R. Horton, Inc., for 29
the property generally located at NW 208th Street and NW 9th Court, more particularly 30
described on Exhibit “A”. 31
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Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its final passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39 40 ATTEST: 41
42
43
__________________________________ 44 RONETTA TAYLOR, MMC, CITY CLERK 45 46
47
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48
49 50 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 51
52
Moved by: __________________ 53
54 VOTE: _________ 55 56
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 58
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59 Councilman David Williams Jr ____ (Yes) ____ (No) 60 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61
Councilman Rodney Harris ____ (Yes) ____ (No) 62
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63
64
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18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 27, 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: N/A 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, ACCEPTING THAT CERTAIN AMENDED
DECLARATION OF RESTRICTIONS COVENANT, SUBMITTED BY ANTHONY AMOS A/K/A EDITH INC., FOR THE PROPERTY GENERALLY LOCATED AT N.W. 2ND AVENUE AND N.W. 195TH, A
COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “B”;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Item O-1) Quasi-Judicial
Resolution/ Public Hearing
Amended Declaration Submitted
by Anthony Amos
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“The Villa” is a bar/lounge in the Caribbean Plaza located at 19501 NW 2nd Avenue on the southeast
corner. The Applicant filed an Application with the City of Miami Gardens to allow an alcoholic beverage
establishment to be located less than 1500 feet from an existing alcoholic beverage establishment; to
allow a nightclub use to be located less than 2500 feet from a place of religious assembly; and to allow a
night club use to be located less than 500 feet from residential zoned property. In order to assure the
City of Miami Gardens that the representations made by the Applicant would be abided, entered a
Declaration of Restrictions, dated on July 26th, 2013.
Current
The Applicant has proposed to expand the business with the construction of an outdoor bar to provide
an atmosphere where guests may relax and enjoy food and drinks and watch sports on TV.
The current Declaration of Restrictions, recorded July 26, 2013 restricts the square foot space for
nightclub use to 1,827 SF. The existing nightclub area is 2,189 SF and the proposed addition will add
another 2,389 SF to the use, exceeding the maximum square foot space permitted. The Applicant has
requested a modification of the Declaration of Restrictions dated July 26, 2013, to modify the limitation
of use.
Conclusion
Staff recommends a modification to the Declaration of Restrictions #3. Limitation of Use from 1,827
square feet to 4,579 square feet.
Proposed Action:
It is recommended that the City Council approve the proposed Resolution for the Modification of the
existing Declaration of Restrictions.
Attachments:
Attachment “A”- Staff Recommendation
Attachment “B”- Declaration of Restrictions
Attachment ”C”- Legal Description
Attachment “D”- Site Plan
Attachment “E”- Letter of Intent
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN 4 AMENDED DECLARATION OF RESTRICTIONS COVENANT, 5
SUBMITTED BY ANTHONY AMOS A/K/A EDITH INC., FOR THE 6
PROPERTY GENERALLY LOCATED AT N.W. 2ND AVENUE AND 7
N.W. 195TH, A COPY OF WHICH IS ATTACHED HERETO AS 8 EXHIBIT “B”; PROVIDING FOR INSTRUCTIONS TO THE CITY 9 CLERK; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, the City Council granted Anthony Amos a/k/a Edith Inc. (“Applicant”) 13
a special exception for a nightclub use relating to the property generally located at N.W. 14
2nd Avenue and N.W. 195th Street, more particularly described on Exhibit “A”, attached 15
hereto, and 16
WHEREAS, at that time, the City Council also accepted a Declaration of 17
Restrictions, which was proffered by the Applicant and was recorded in Official Records 18
Book 28742 Pages 3700 of the Public Records of Miami Dade County, and 19
WHEREAS, the Applicant desires to expand the nightclub with the construction 20
of an outdoor bar where food and drinks will be served, and 21
WHEREAS, the existing Declaration of Restrictions permits a maximum area of 22
1,827 square feet for the nightclub use, and 23
WHEREAS, the Applicant is seeking to expand the nightclub use to 4,579 square 24
feet, which exceeds the maximum square footage permitted under the Declaration of 25
Restrictions, and 26
WHEREAS, as such, the Applicant desires to amend the Declaration of 27
Restrictions to increase the nightclub space from 1,827 square feet to 4,579 square 28
feet, and 29
WHEREAS, City staff recommends that the Declaration of Restrictions be 30
amended in accordance with the request, and 31
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WHEREAS, the City Council has considered the testimony of the Applicant, if 32
any, and 33
WHEREAS, the City Council has also considered the testimony of the City’s 34
Planning and Zoning staff and the staff report attached hereto as Exhibit “C”, and 35
incorporated herein by reference, 36
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 38
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 39
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 40
made a specific part of this Resolution. 41
Section 2: ACCEPTANCE OF DECLARATION: The City Council of the City of 42
Miami Gardens hereby accepts that certain Amended Declaration of Restrictions, 43
submitted by Anthony Amos a/k/a Edith Inc. for the property generally located at N.W. 44
2nd Avenue and N.W. 195th Street, a copy of which is attached hereto as Exhibit “B”. 45
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 46
directed to record the Amended Declaration of Restrictions upon execution. 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: CAMERON D. BENSON, CITY MANAGER 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
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PZ-2015 - 000999
The Villa Bar/Lounge Modification of Declaration of Restrictive Covenants
STAFF RECOMMENDATION
PZ-2015-000999
APPLICATION INFORMATION
Applicant: Anthony Amos/ Jairo Gonzalez, P.E.,
ArtechDesigners & Engineers, LLC
Property Location: 19501 NW 2nd Avenue
Property Size: 2, 189.91 SF
Future Land Use: Commerce
Existing Zoning: PCD – Planned Corridor Development
Requested Action(s): Modification of a current Declaration of Restrictions,
dated July 26th, 2013
RECOMMENDATION:
Recommend approval of the Resolution to Modify the Declaration of Restrictions subject to the
following conditions:
Restriction 3. Limitation of Use to be modified from:
3. The nightclub use shall be limited to the 1,827 square foot shopping center space
leased by the applicant for the purpose of establishing this use. Maximum occupancy of
the premises shall not be exceeded at any time.”
To
3. The nightclub use shall be limited to the 4,579 square foot shopping center space
leased by the applicant for the purpose of establishing this use. Maximum occupancy of
the premises shall not be exceeded at any time.”
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Subject Site Commerce PCD Commercial
North Commerce PCD Commercial
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PZ-2015 - 000999
The Villa Bar/Lounge Modification of Declaration of Restrictive Covenants
South Commerce PCD Commercial
East Neighborhood R-1 Single Family R-1 Single Family
West Commerce PCD Commercial
Project Summary/Background
• Currently, “The Villa” is a bar/ lounge located at the southeast corner of the “Caribbean Plaza,
located at 19501 NW 2nd Avenue.
• The Applicant filed an Application with the City of Miami Gardens to allow an alcoholic beverage
establishment to be located less than 1500 feet from an existing alcoholic beverage
establishment; to allow a nightclub use to be located less than 2500 feet from a place of
religious assembly; and to allow a night club use to be located less than 500 feet from
residential zoned property. In order to assure the City of Miami Gardens that the
representations made by the Applicant would be abided, entered a Declaration of Restrictions,
dated on July 26th, 2013.
• The Applicant have proposed to expand the business with the construction of an outdoor bar to
provide an atmosphere where guests may relax and enjoy food and drinks and watch sports on
TV.
• The Applicant submitted The Villa Bar and Lounge Addition for Site Plan Review and Staff issued
its’ preliminary review and comments on April 20th, 2015.
• The Staff Recommendation required that the current Declaration of Restrictions, recorded
July 26, 2013 which allow for an alcoholic beverage establishment restricts the square
foot space for nightclub use to 1,827 SF. The existing nightclub area is 2,189 SF and the
proposed addition will add another 2,389 SF to the use, exceeding the maximum square
foot space permitted.
Anticipated Facilities Impact
The subject application does not create additional impact upon public services and facilities.
Public Notification/Comments
Notification of the applicant’s request is required in accordance with Section 34-46 (d) (7). The
Applicant has been advised to meet the requirements prior to the Zoning Hearing.
Attachments:
Legal Description
Letter of Intent
Submitted plans
Hearing Map-Zoning
Hearing Map-Aerial
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“THE VILLA”- OUTDOOR BAR EXTENSION PROJECT
19501 NW 2nd Avenue, Miami Gardens, Florida 33169
LEGAL DESCRIPTION
PORTION OF LOTS 6 THROUGH 13 INCLUSIVE AND LOTS 5 AND 14, LESS NORTH
50.27 FEET, BLOCK 30 OF SECOND ADDITION TO SIERRA, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 57, PAGE 7 OF THE PUBLIC
RECORDS OF MIAMI – DADE COUNTY, FLORIDA.
FOLIO No.: 34-2101-012-1330
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Added text is underlined. Deleted text is stricken through.
Return to: (enclose self-addressed stamped envelope)
Name: Ronetta Taylor, City Clerk 18605 NW 27th Avenue
Miami Gardens, Florida 33056
This Instrument Prepared by:
Sonja K. Dickens, Esquire 18605 NW 27th Avenue
Miami Gardens, Florida 33056
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
AMENDED DECLARATION OF RESTRICTIONS
WHEREAS, ANTHONY AMOS a/k/a Edith, Inc. ("Applicant"), operates a business
at property located at N.W. 2nd Avenue and N.W. 195th Street, more particularly described
on Exhibit “A” attached hereto ("Property"), more particularly described on Exhibit "A,"
attached hereto, and
WHEREAS, the Applicant filed an Application with the City of Miami Gardens for:
a) to allow an alcoholic beverage establishment to be located less
than 1500 feet from an existing alcoholic beverage establishment;
b) to allow a nightclub use to be located less than 2500 feet from a
place of religious assembly;
c) to allow a night club use to be located less than 500 feet from residential
zoned property,
IN ORDER TO ASSURE the City of Miami Gardens that the representations made
by the Applicant will be abided by, the Applicant, subject only to conditions contained
herein, freely, voluntarily and without duress, makes the following Declaration of
Restrictions covering and running with the Property:
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1. Restriction of Hours. The nightclub use and the sale of alcoholic beverages
shall only be permitted during the hours of 11:00 a.m. to 2:00 a.m. the following
day from Sunday to Thursday, and from 11:00a.m. to 3:00a.m. the following day
on Friday and Saturday. 2. Security/Off-Duty Police. The applicant shall provide on-site and parking lot
security at all times, with a minimum of four (4) security officers whenever there
is live entertainment or when an admission is charged. In addition, the applicant
shall hire a minimum of one (1) off-duty police officers, or a number to be determined by the City, to monitor nightclub activities when there is live entertainment or admission being charged.
3. Limitation of Use. The nightclub use shall be limited to the 1,827 4,579 square
foot shopping center space leased by the applicant for the purpose of establishing this use. Maximum occupancy of the premises shall not be exceeded at any time.
4. Posted Policies. Applicant shall post written policies in a visible place to patrons
concerning the dress code and prohibition of serving alcohol to minors. 5. Business Registration. Applicant agrees to register the business as a “We
Care” business and to post said signage in a visible place for patrons.
6. Noise and Nuisance Abatement. The Applicant shall take all reasonable measures to sound proof the premises and to avoid any detrimental noise and other disturbances to the surrounding businesses and properties owners, which
shall include, but not be limited to, loitering of patrons outside the premises,
littering of the parking areas, parking in the swale areas or residential streets, or
any other activities that in the sole opinion of the Administrative Official are detrimental to the surrounding properties and businesses. Failure or continued violation of this provision or if when, in the opinion of the Administrative Official,
the nightclub use becomes a nuisance, the City may revoke the Special
Exception use and Certificate of Use accordingly.
7. City Inspection. As further part of this Declaration, it is hereby understood and agreed that any official inspector of the City, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
inspecting the use of the premises to determine whether the requirements of the
building and zoning regulations and the conditions herein agreed to are being complied with.
8. Covenant Running With The Land. This Declaration on the part of the
Applicant shall constitute a covenant running with the land and shall remain in full
force and effect and be binding upon the Applicant, and his heirs, successors
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and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all
present and future owners of the real property and for the public welfare.
9. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration shall be in effect for a period of thirty (30) years from the date of
recordation in the public records of Miami-Dade County, Florida, after which time
it shall be automatically extended for periods of ten (10) years. This Declaration
may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property, and applicable mortgagees, if any, provided that same is approved by the City
Council after public hearing. In such event, the Mayor or City Manager shall
execute a written instrument suitable for recordation acknowledging such
modification, amendment or release. 10. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of all of the
Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City, or other procedure permitted under the City's Code, whichever by law has jurisdiction over such matters, after public hearing.
11. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the
Court may judge to be reasonable for attorney fees. This enforcement provision
shall be in addition to any other remedies available at law or in equity.
Jurisdiction shall be proper in Miami-Dade County. 12. Authorization for Miami Gardens to Withhold Permits and Inspections. In
the event the terms of this Declaration are not complied with, in addition to any
other remedies available, the City is hereby authorized to withhold any further
permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with.
13. Executed Copy to be provided to the City. Executed Copy to be provided
to the City Clerk. The Applicant shall be fully responsible for providing to the
City Clerk an original and fully executed copy of the Declaration of Restrictions within thirty (30) days of the approval of this request by the City Council, unless an appeal is filed or otherwise the Director, for good cause shown, grants a time
extension. If this is not accomplished, the approval shall become null and void. If
circumstances prevent the Applicant from complying with this timeframe
condition, the Applicant may request, in writing, an extension of said thirty-day
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timeframe in writing to the Development Services Director, who is authorized to take such action upon the request to approve, disapprove or approve with
conditions such request.
14. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights, remedies or
privileges.
15. Recording. The City, at Applicant's expense following the approval of the same by the City of Miami Gardens, shall file this Declaration of record in the Public
Records of Miami-Dade County, Florida.
16. Acceptance of Declaration. Applicant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation or approval of any application, zoning or
otherwise, and the City Council retains its full power and authority to deny each
such application in whole or in part, and to decline to accept any conveyance.
17. Applicant. The term Applicant shall include the Applicant, and its heirs, successors and assigns.
18. Waiver. Each and every covenant and agreement contained herein shall be for
any and all purposes hereof construed as separate and independent and the breach of any covenant by any party shall not release or discharge such party from its obligations hereunder. No delay or omission by any party to exercise its
rights accruing upon any noncompliance or failure of performance by any party
shall impair any such right or be construed to be a waiver thereof. A waiver by
any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach or of any other covenants, conditions or agreements
contained herein.
19. Severability. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any then applicable law and shall be limited to the extent necessary to render the real covenants
herein valid and enforceable. If any term, provision, covenant or agreement
contained herein or the application thereof to any person, entity or circumstance
shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application of such term, provision, covenant or agreement to persons, entities or circumstances other
than those to which it is held invalid or unenforceable shall not be affected
thereby.
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20. Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter
hereof. This Agreement and exhibits supersede any prior correspondence,
memoranda or agreements in total hereto.
21. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together,
shall constitute one and the same document.
(SIGNATURE PAGE TO FOLLOW)
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IN WITNESS WHEREOF, Applicant has executed this Declaration.
________________________ Print Name:______________
________________________
Print Name:
Anthony Amos a/k/a Edith Inc.
________________________
Signature
________________________ Print Name
_________________________
Date
ACCEPTANCE
The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________.
CITY OF MIAMI GARDENS, FLORIDA Attest:
_________________________________ By:_____________________________
City Clerk Mayor Oliver Gilbert, III
Date:___________________________
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