HomeMy WebLinkAbout01.11.2017 City Council AgendaJanuary 11, 2017, City Council Agenda Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: January 11, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: January 25, 2017 Phone: (305) 914-9010 Fax: (305) 914-9033
Website: www.miamigardens-fl.gov Time: 7:00 p.m.
Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. City Manager Cameron Benson
City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC
Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all
lobbyists before engaging in any lobbying activities to register with the City
Clerk and pay a one-time annual fee of $250.00. This applies to all persons
who are retained (whether paid or not) to represent a business entity or
organization to influence “City” action. “City” action is broadly described to
include the ranking and selection of professional consultants, and virtually all-
legislative, quasi-judicial and administrative action. All not-for-profit
organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required.
(A) CALL TO ORDER/ROLL CALL
(B) INVOCATION
(C) PLEDGE OF ALLEGIANCE
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes – December 14, 2016
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
(G) PUBLIC COMMENTS
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January 11, 2017, City Council Agenda Page 2
(H) ORDINANCE(S) FOR FIRST READING:
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF
DEVELOPMENT PERMITS, CERTIFICATES OF USE,
BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS
AND PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR A 180-DAY
PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A
STUDY AND DIRECTIONS TO THE CITY MANAGER;
PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID
WILLIAMS JR.)
(J) RESOLUTION(S)/PUBLIC HEARING(S)
None
(K) CONSENT AGENDA:
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA DIRECTING THAT THE CITY
MANAGER TAKE ALL STEPS NECESSARY FOR THE CITY TO
HOST THE 3RD ANNUAL “MIAMI GARDENS WINE AND FOOD EXPERIENCE” IN THE FALL OF 2017, INCLUDING THE HIRING OF NECESSARY PROFESSIONALS; PROVIDING FOR
A WAIVER OF BID PROCEDURES FOR PURCHASES MADE IN
CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN
DAVIS) (DEFERRED FROM DECEMBER 14, 2016) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RETAIN CONSULTANTS, SEEK GRANTS AND
EXECUTE CONTRACTS NECESSARY FOR THE PRODUCTION
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January 11, 2017, City Council Agenda Page 3
OF THE INTERNATIONAL MUSIC FESTIVAL TO BE HELD AT BETTY T. FERGUSON RECREATIONAL COMPLEX IN THE
SUMMER OF 2017; AUTHORIZING A SPONSORSHIP FROM
THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ERHABOR IGHODARO)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, VICE MAYOR ERHABOR IGHODARO’S APPOINTMENT OF LANETTE JONES TO THE COMMISSION FOR WOMEN ADVISORY COMMITTEE FOR A TERM THAT WILL COINCIDE WITH THE TERM OF THE VICE
MAYOR; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR ERHABOR IGHODARO) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, URGING THE FLORIDA HOUSE
OF REPRESENTATIVES AND THE FLORIDA SENATE TO ALLOW FOR LOCAL REGULATION OF PLASTIC BAGS IN ACCORDANCE WITH FLORIDA STATUE 403.7033; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR
IGHODARO) K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE
COUNTY RESOLUTION NUMBER R-325-16, URGING THE
EXPEDITIOUS PLANNING OF PHASE II OF THE BISCAYNE BAY COSTAL WETLANDS PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID
WILLIAMS JR.)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILWOMAN ROBINSON’S SPECIAL EVENTS ACCOUNT
(01-11-01-511-494-01), TO SUPPORT THE AMERICAN HEART
ASSOCIATION GO RED DAY ON FEBRUARY 3, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN ROBINSON)
K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPOINTING DAWN GRACE JONES AND QUENTIN MORGAN AS SPECIAL MASTERS AND
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January 11, 2017, City Council Agenda Page 4
LOCAL HEARING OFFICERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY)
K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO DUVAL FORD
INC., OF JACKSONVILLE, FLORIDA, FOR THE PURCHASE OF
FIVE FLEET VEHICLES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY TWO THOUSAND THIRTY TWO DOLLARS ($142,032.00) BY RELYING UPON THAT CERTAIN FLORIDA SHERRIFF’S ASSOCIATION CONTRACT FSA 16-
VEL24.0; 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 THE CITY
MANAGER TO ISSUE PURCHASE ORDERS TO HUB CITY, INC., OF JACKSONVILLE, FLORIDA FOR THE PURCHASE OF TWO (2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED
FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON
FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-VEL24.0; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER AMENDING THE EXISTING SCOPE OF WORK AND TOTAL CONTRACT VALUE
FOR REQUEST FOR PROPOSAL (RFP) NUMBER 14-15-004(A),
TROLLEY CIRCULATOR SERVICES, TO INCLUDE EXTENDED WEEKEND OPERATING BUS TRANSIT SERVICES, AND PUBLIC TRANSIT SERVICES DEEMED NECESSARY FOR DESIGNATED CITY EVENTS, FOR AN AMOUNT NOT TO
EXCEED THE ANNUAL BUDGET ALLOCATION; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. SPONSORED BY THE CITY MANAGER)
K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAFEWARE, INC., FOR THE PURCHASE OF A PHYSICAL SECURITY
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January 11, 2017, City Council Agenda Page 5
INFORMATION MANAGEMENT SOLUTION, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY THOUSAND
SEVENTY FIVE DOLLARS ($230,075.00), BY RELYING ON U.S.
COMMUNITIES GOVERNMENT PURCHASING ALLIANCE RFP NUMBER 11-205753-10; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT
WITH THE UNIVERSITY OF SOUTH FLORIDA’S CENTER FOR
URBAN TRANSPORTATION FOR THE ACCEPTANCE OF THE URBAN TRANSPORTATION RESEARCH GRANT IN THE AMOUNT OF SIXTEEN THOUSAND DOLLARS ($16,000.00) FOR A PEDESTRIAN AND BICYCLE SAFETY PROGRAM, A COPY
OF WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO TYLER
TECHNOLOGIES INC., FOR MAINTENANCE SUPPORT AND
LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE AMOUNT OF NINETY-FOUR THOUSAND EIGHT HUNDRED FORTY DOLLARS AND TWENTY-ONE CENTS ($94,840.21), FOR FISCAL YEAR 2017; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER) K-14) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND
ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR THE ACCEPTANCE OF THE COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT
IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) TO ASSIST WITH THE DEVELOPMENT OF URBAN DESIGN STANDARDS WITHIN THE ENTERTAINMENT OVERLAY DISTRICT, A COPY OF WHICH IS ATTACHED
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January 11, 2017, City Council Agenda Page 6
HERETO TO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AS A
RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S)
None
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
M-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY SUNBEAM REALTY, LLC FOR THE REZONING OF PROPERTY LOCATED AT 502 N.W. 207TH STREET, MIAMI GARDENS, FLORIDA, MORE
PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED
HERETO, FROM AU – AGRICULTURAL AND UTILITIES DISTRICT TO R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Deferred from November 9, 2016) (Deferred from December 14, 2016)
(N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S)
None
(O) RESOLUTION(S)/PUBLIC HEARING(S)
None
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC (S) ADJOURNMENT
IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED
AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT
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January 11, 2017, City Council Agenda Page 7
DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771.
ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov.
ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS
AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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18605 N W 27th Avenue, Suite 165
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
x
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x X Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source: General Fund Advertising Requirement:
(Enter X in box)
Yes No
x X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Sponsor Name David Williams, Jr. Councilman Department:
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND
IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND
ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS AND
PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA
DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING
ORGANIZATIONS FOR A 180-DAY PERIOD; PROVIDING FOR
EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
Agenda Item I-1 - 2nd Reading Ord.
Moratorium on operation of Medical
Marijuana dispensing facilities
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18605 N W 27th Avenue, Suite 165
Miami Gardens, Florida 33056
Staff Summary:
On November 8, 2016, Amendment 2 to the Florida Constitution, legalizing medical marijuana,
was approved by Florida voters. Medical Marijuana Dispensing Facilities and Medical Marijuana
Dispensing Organizations are new and unique uses which are not currently addressed by the
City's Land Development Regulations or Code of Ordinances.
Pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida
Statutes, the City of Miami Gardens is authorized and required to protect the public health,
safety and welfare of its citizens and has the power and authority to enact regulations for valid
governmental purposes that are not inconsistent with general or special law. Section 381.986(8)(b), Fla. Stat, permits a municipality to determine by ordinance, the criteria for the
number, location, and other permitting requirements that do not conflict with state law or
department rule for, dispensing facilities or dispensing organizations located within the
municipality, and
Councilman David Williams, Jr., is recommending a temporary moratorium on the acceptance of
applications for, the processing of, and the issuance of development permits, development
orders or any other official action of the City of Miami Gardens permitting or having the effect of
permitting new Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing
Organizations to allow time to review, study and hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances to address this
new and unique use. The City needs time to research and study the nature and scope of
possible measures for regulating Medical Marijuana Dispensing Facilities and Medical Marijuana
Dispensing Organizations,
The purpose of this moratorium is to preserve the status quo and enable sufficient time for the
City to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land
Development Regulations and/ or Code of Ordinances, relating to the appropriate locations for
medical marijuana dispensing facilities and Medical Marijuana Dispensing Organizations. During
this 180-day period, the City will not take any action on any application for certificate of use, business tax receipts, development permits, issue any development order, or take other official
action, which would have the effect of allowing, or permitting the development of Medical
Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations, except as
provided in this Ordinance.
Proposed Action:
That the City Council approves the proposed Ordinance.
Attachment:
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1
ORDINANCE NO. 2017_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, DECLARING ZONING IN 4
PROGRESS AND IMPOSING A MORATORIUM ON THE 5 SUBMISSION, PROCESSING AND ISSUANCE OF 6 DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS 7
TAX RECEIPTS AND ALL OTHER APPLICATIONS AND 8
PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA 9
DISPENSING FACILITIES AND MEDICAL MARIJUANA 10 DISPENSING ORGANIZATIONS FOR A 180-DAY PERIOD; 11 PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY 12
AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR 13
PENALTIES; PROVIDING FOR ADOPTION OF 14
REPRESENTATIONS; REPEALING ALL ORDINANCES IN 15 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 16 FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 17
18
WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and 19
Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and 20
required to protect the public health, safety and welfare of its citizens and has the power 21
and authority to enact regulations for valid governmental purposes that are not 22
inconsistent with general or special law, and 23
WHEREAS, on November 8, 2016, Amendment 2 to the Florida Constitution, 24
legalizing medical marijuana, was approved by Florida voters, and 25
WHEREAS, Medical Marijuana Dispensing Facilities and Medical Marijuana 26
Dispensing Organizations are new and unique uses which are not currently addressed 27
by the City's Land Development Regulations or Code of Ordinances, and 28
WHEREAS, Section 381.986(8)(b), Fla. Stat, permits a municipality to determine 29
by ordinance, the criteria for the number, location, and other permitting requirements 30
that do not conflict with state law or department rule for, dispensing facilities or 31
dispensing organizations located within the municipality, and 32
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WHEREAS, a temporary moratorium on the acceptance of applications for, the 33
processing of, and the issuance of development permits, development orders or any 34
other official action of the City of Miami Gardens permitting or having the effect of 35
permitting new Medical Marijuana Dispensing Facilities and Medical Marijuana 36
Dispensing Organizations will allow time to review, study and hold public hearings, and 37
prepare and adopt amendment(s) to the Land Development Regulations and/or Code of 38
Ordinances to address this new and unique use, 39
WHEREAS, the City needs time to research and study the nature and scope of 40
possible measures for regulating Medical Marijuana Dispensing Facilities and Medical 41
Marijuana Dispensing Organizations, 42
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance. 47
Section 2. PURPOSE: The purpose of this Ordinance is to preserve 48
the status quo and enable sufficient time for the City to review, study, hold public 49
hearings, and prepare and adopt amendment(s) to the Land Development 50
Regulations and/ or Code of Ordinances, relating to the appropriate locations for 51
medical marijuana dispensing facilities and Medical Marijuana Dispensing 52
Organizations. During this 180-day period, the City will not take any action on any 53
application for certificate of use, business tax receipts, development 54
permits, issue any development order, or take other official action, 55
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3
which would have the effect of allowing, or permitting the development of Medical 56
Marijuana D ispensing Facilities or Medical Marijuana Dispensing Organizations, 57
except as provided in this O rdinance. It is not the purpose of this O rdinance to 58
deny permanently any development orders and permits for other uses that are 59
permitted by right or special use permits and that otherwise comply with all 60
applicable codes, ordinances, regulations and policies. 61
Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning 62
in progress as it relates to the processing of any applications and permits relating to 63
Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations. 64
All affected property and business owners are placed on notice with respect to these 65
pending regulations and the actions being taken by the City. 66
Section 4: DEFINITIONS: The following definition applies to the term used 67
in this ordinance: 68
(a) “Medical Marijuana Dispensing Facility” – means a facility that cultivates, 69
processes, transports and dispenses low-THC cannabis or medical cannabis. 70
(b) “Medical Marijuana Dispensing Organization” – is as defined by Section 71
381.986, Fla. Stat. to mean an organization approved by the department to 72
cultivate, process, transport, and dispense low-THC cannabis or medical 73
cannabis pursuant to this section. 74
Section 5: ESTABLISHMENT OF TEMPORARY MORATORIUM: A moratorium 75
on the submission, processing and issuance of certificates of use, business tax receipts, 76
development orders and permits, and all other applications and permits for the operation 77
of Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing 78
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Organizations, as defined herein, is hereby established for a period of 180 days from the 79
effective date of this Ordinance. The moratorium is subject to the provisions of Section 6 80
herein. Except as otherwise provided herein, no department of the City shall issue any 81
certificates of use, business tax receipts, permits, development orders, or undertake the 82
review and approval of any site plans, building permits, or development plans with respect 83
to such uses within the City during the term of the moratorium established hereby. 84
Section 6. EXEMPTION: This moratorium shall not affect any business 85
currently lawfully operating as a Medical Marijuana Dispensing Facility or a Medical 86
Marijuana Dispensing Organization which has received dispensing authorization from 87
the Florida Department of Health in accordance with Section 381.986, Florida 88
Statutes and Chapter 64- 4.001, F.A.C., and for which a certificate of use, business 89
tax receipt and development permits have been obtained. 90
Section 7: SUBMITTAL OF APPLICATIONS. Beginning upon the effective 91
date of this Ordinance, an applicant for any certificate of use, business tax receipt, 92
development permit, development order or any other official City action, which 93
would facilitate the establishment of a Medical Marijuana Dispensing Facility or 94
Medical Marijuana Dispensing Organization shall be required to disclose its 95
intention to establish a Medical Marijuana Dispensing Facility or Medical Marijuana 96
Dispensing Organization in connection with its application for a permit. In the event 97
that it is determined by the City that an applicant for a permit has failed to disclose 98
its intent to establish a Medical Marijuana Dispensing Facility or Medical Marijuana 99
Dispensing Organization, the City shall be authorized to enforce this Ordinance by 100
the methods set forth in Section 9. 101
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Section 8: STUDY: The City Manager as well as such other departments of the 102
City, as the City Manager shall deem appropriate shall continue to study medical 103
marijuana dispensaries and shall present proposed amendments to the Land 104
Development Regulations and Code of Ordinances to the City Council. 105
Section 9. PENALTIES: This moratorium may be enforced by the following 106
methods of enforcement: (a) revocation or temporary suspension of any 107
development permits, development orders, certificates of occu pancy and/or licenses, 108
including certificates of use and business tax receipts; or (b) by an action for injunctive 109
relief, civil penalties or both, through a court of competent jurisdiction; or (c) By any 110
other process permitted by law including, but not limited to code enforcement action. 111
Section 10. CONFLICT: All ordinances or Code provisions in conflict herewith 112
are hereby repealed. 113
Section 11. SEVERABILITY: If any section, subsection, sentence, clause, 114
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 115
any court of competent jurisdiction, such portion shall be deemed a separate, distinct 116
and independent provision and such holding shall not affect the validity of the remaining 117
portions of this Ordinance. 118
Section 12. INCLUSION IN CODE: It is the intention of the City Council of 119
the City of Miami Gardens that the provisions of this Ordinance shall become and be 120
made a part of the Code of Ordinances of the City of Miami Gardens and that the 121
section of this Ordinance may be renumbered or relettered and the word “Ordinance” 122
may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or 123
phrase, the use of which shall accomplish the intentions herein expressed. 124
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Section 13. EFFECTIVE DATE: This Ordinance shall become effective 125
immediately upon its final passage. 126
PASSED ON FIRST READING ON THE 14TH DAY OF DECEMBER, 127
2016. 128
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2017. 129
130
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 131
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 132
______________, 2017. 133
134
________________________________ 135 OLIVER GILBERT, III, MAYOR 136 137
138
139
ATTEST: 140 141 142
_________________________________ 143
RONETTA TAYLOR, MMC, CITY CLERK 144
145 146 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 147
148
149
SPONSORED BY: DAVID WILLIAMS, JR., COUNCILMAN 150 151 152
Moved by: __________________ 153
Second by: _________________ 154
155 VOTE: _________ 156 157
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 158
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 159
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 160
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Councilman Rodney Harris ____ (Yes) ____ (No) 161 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 162
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 163
Councilman David Williams Jr ____ (Yes) ____ (No) 164
165
166 167
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 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 #: N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name Lisa C. Davs, Council Member Department: City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA DIRECTING THAT THE CITY MANAGER TAKE
ALL STEPS NECESSARY FOR THE CITY TO HOST THE 3RD ANNUAL
“MIAMI GARDENS WINE AND FOOD EXPERIENCE” IN THE FALL OF
2017, INCLUDING THE HIRING OF NECESSARY PROFESSIONAL;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The 2nd Annual Food and Wine Experience sponsored by Councilwoman Lisa C. Davis was held Saturday, November 12, 2016. Approximately 1,500 attended this very classy and sophisticated
one night event. In planning the second event Councilwoman Davis understood the importance
of embracing and involving the community and its residents in worthwhile endeavors. Hosting a
Agenda Item K-1
3rd Annual MG Wine & Food
Experience
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
wine-tasting fundraiser is a good way to raise money for good causes as well as to bring
together residents and businesses. Local restaurants as well as celebrity chefs were on hand to
provide patrons with an “experience”. This year’s event continued to foster a positive and
enriching experience for those attending the event. Councilwoman Davis is seeking to host the Third Annual “Miami Gardens Wine and Food Experience” in the fall of 2017.
This fundraising event will address the quality of life issues by residents of Miami Gardens, such
as but not limited to, Grandparents Raising Grandchildren, and Juveniles Diabetes Research
Foundation. The 2017-2018 event will benefit The Trayvon Martin Foundation which strives to curb gun violence in Miami Gardens and other cities and the Diabetes Awareness event.
It is Councilwoman Davis’ intent is to solicit start early identifying potential sponsors for this
event. In addition, revenue will be generated from ticket sales. If additional funding is
necessary, this additional funding will be underwritten by the City. It is being requested the City include the Wine and Food Experience in the 2017-2018 fiscal
budget. The City Manager is being directed to take all appropriate steps for the Event including
the hiring of necessary professionals. This resolution further authorizes a waiver of bid
procedures for purchases made in connection with the Event; and further authorizes the City Manager to exceed his purchasing authority as may be necessary for the Event.
Proposed Action:
That the City Council approves the attached Resolution.
Attachment:
18 OF 194
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, DIRECTING THAT THE CITY 4 MANAGER TAKE ALL STEPS NECESSARY FOR THE CITY TO 5
HOST THE 3RD ANNUAL “MIAMI GARDENS WINE AND FOOD 6
EXPERIENCE” IN THE FALL OF 2017, INCLUDING THE HIRING 7
OF NECESSARY PROFESSIONALS; PROVIDING FOR THE 8 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 9 EFFECTIVE DATE. 10
11
WHEREAS, the 2nd Annual Food and Wine Experience sponsored by 12
Councilwoman Lisa C. Davis was held Saturday, November 12, 2016, and 13
WHEREAS, approximately 1,500 attended this very classy and sophisticated one 14
night event, and 15
WHEREAS, in planning the second event Councilwoman Davis understood the 16
importance of embracing and involving the community and its residents in worthwhile 17
endeavors, and 18
WHEREAS, hosting a wine-tasting fundraiser is a good way to raise money for 19
good causes, as well as, to bring together residents and businesses, and 20
WHEREAS, local restaurants as well as celebrity chefs were on hand to provide 21
patrons with an “experience”, and 22
WHEREAS, this year’s event continued to foster a positive and enriching 23
experience for those attending the event, and 24
WHEREAS, Councilwoman Davis is seeking to host the Third Annual “Miami 25
Gardens Wine and Food Experience” in the fall of 2017, and 26
WHEREAS, this fundraising event will address the quality of life issues by 27
residents of Miami Gardens, such as but not limited to, Grandparents Raising 28
Grandchildren, and Juveniles Diabetes Research Foundation, and 29
19 OF 194
2
WHEREAS, the 2017-2018 event will benefit The Trayvon Martin Foundation in 30
its efforts to curb gun violence in Miami Gardens and other cities, and the Diabetes 31
Awareness event, and 32
WHEREAS, it is Councilwoman Davis’ intent to start soliciting early by identifying 33
potential sponsors for this event, and 34
WHEREAS, in addition, revenue will be generated from ticket sales and if 35
additional funding is necessary, this additional funding will be underwritten by the City, 36
and 37
WHEREAS, it is being requested that the City include the Wine and Food 38
Experience in the 2017-2018 fiscal budget, and 39
WHEREAS, the City Manager is being directed to take all appropriate steps for 40
the Event including the hiring of necessary professionals, and 41
WHEREAS, this resolution further authorizes a waiver of bid procedures for 42
purchases made in connection with the event; and further authorizes the City Manager 43
to exceed his purchasing authority as may be necessary for the Event, 44
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 46
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 47
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 48
made a specific part of this Resolution. 49
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 50
hereby directs that the City Manager take all steps necessary for the City to host the 3rd 51
Annual “Miami Gardens Wine and Food Experience” in the fall of 2017, including the 52
20 OF 194
3
hiring of necessary professional. The City Council further authorizes a waiver of bid 53
procedures for purchases made in connection with the event. 54
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 55
upon its final passage. 56
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 57
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 58
59
___________________________________ 60
OLIVER GILBERT, III, MAYOR 61
62
63 64 ATTEST: 65
66
67
__________________________________ 68 RONETTA TAYLOR, MMC, CITY CLERK 69 70
71
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 72
73 74 SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 75
76
Moved by: __________________ 77
78 VOTE: _________ 79 80
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 81
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 82
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 83 Councilman Rodney Harris ____ (Yes) ____ (No) 84 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 85
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 86
Councilman David Williams Jr ____ (Yes) ____ (No) 87
88
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 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-
Special Events $3500; General Fund-Community Awareness; Sponsorships; Ticket Sales
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev
Public Safety Quality of Education Qual. of Life & City Image
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name Erhabor Ighodaro,
Vice Mayor Department: Media & Events
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RETAIN
CONSULTANTS, SEEK GRANTS AND EXECUTE CONTRACTS
NECESSARY FOR THE PRODUCTION OF THE INTERNATIONAL MUSIC FESTIVAL TO BE HELD AT BETTY T. FERGUSON RECREATIONAL
COMPLEX IN THE SUMMER OF 2017; AUTHORIZING A SPONSORSHIP
FROM THE CITY; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In the summers of 2015 and 2016, international artists and fans gathered at the Betty T. Ferguson
Recreational Complex’s amphitheater for the City’s premiere multicultural music concert. Hundreds of
Agenda Item K-2
International Music Festival
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Miami Gardens, Florida 33056
adoring fans enjoyed a night under the stars and enjoyed the multi-genre music of John Erenosho, Nigel
Luis, Diane Andrieu, Sassy Singz, Dilly Chris, Harmonik, and the award-winning artist FLAVOUR.
The event highlighted a market that has gone underserved and who demonstrated through the support
of this event, is ready to have access to this type of world class entertainment which is as diverse as
South Florida and the City of Miami Gardens.
Vice Mayor Erhabor Ighodaro would like to bring this event back to the City of Miami Gardens to fill the
gap and promote culture which drives economic activity. This International Music Festival (also known
as IMFest) will build upon past year’s highlights to become an annual affair, promoting local, regional
and international talent. Funding to support IMFest will be comprised of $7000 from Vice Mayor
Ighodaro’ s special events and community awareness accounts, a grant application to the Miami-Dade
Tourist Development Council seeking a maximum award of $25,000, projected ticket sales, and
sponsorships.
Fiscal Impact
Proposed Action:
Vice Mayor Erhabor Ighodaro recommends the City Council authorizes the City Manager to take
appropriate actions to create the International Music Festival in the summer of 2017, by applying for
grant and sponsorship opportunities and executing contracts as necessary to produce the event.
Attachments:
None.
23 OF 194
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO RETAIN CONSULTANTS, SEEK GRANTS AND 5
EXECUTE CONTRACTS NECESSARY FOR THE PRODUCTION 6
OF THE INTERNATIONAL MUSIC FESTIVAL TO BE HELD AT 7
BETTY T. FERGUSON RECREATIONAL COMPLEX IN THE 8 SUMMER OF 2017; AUTHORIZING A SPONSORSHIP FROM 9 THE CITY; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
13 WHEREAS, in the summer of 2015 and 2016 international artists and fans 14
gathered at the Betty T. Ferguson Recreational Complex’s amphitheater for the City’s 15
premiere multicultural music concert, and 16
WHEREAS, Vice Mayor Erhabor Ighodaro would like the City to host an 17
International Music Festival at the Betty T. Ferguson Recreational Complex, and 18
WHEREAS, funding to support the International Music Festival will be comprised 19
of Seven Thousand Dollars ($7,000.00) from Vice Mayor Ighodaro’s Special Events and 20
Community Awareness Accounts, and 21
WHEREAS, a grant application will be submitted for the Tourist Development 22
Council Grants FY 2016-2017 for an award of Twenty Five Thousand Dollars 23
($25,000.00) projected ticket sales and sponsors are the anticipated sources of funding, 24
and 25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29
made a specific part of this Resolution. 30
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2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31
hereby authorizes the City Manager to retain consultants, seek grants and execute 32
contracts necessary for the production of the International Music Festival to be held at 33
the Betty T. Ferguson Recreational Complex in the summer of 2017. The City Council 34
further authorizes the expenditure of Seven Thousand Dollars ($7,000.00) from Vice 35
Mayor Ighodaro’ s Special Events and Community Awareness Accounts for this 36
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 ____________, 2017. 41
42
___________________________________ 43
OLIVER GILBERT, III, MAYOR 44
ATTEST: 45
46 47 __________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 51 52 SPONSORED BY: VICE MAYOR ERHABOR IGHODARO 53
54
Moved by: __________________ 55
56 VOTE: _________ 57 58
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 60
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61 Councilman Rodney Harris ____ (Yes) ____ (No) 62 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 64
Councilman David Williams Jr ____ (Yes) ____ (No) 65
25 OF 194
3
66
26 OF 194
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source: Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name Erhabor Ighodaro Vice Mayor Department: City Manager Office of the Mayor/Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, VICE MAYOR ERHABOR IGHODARO’S
APPOINTMENT OF LANETTE JONES TO THE COMMISSION FOR
WOMEN ADVISORY COMMITTEE FOR A TERM THAT WILL COINCIDE
WITH THE TERM OF THE VICE MAYOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accordance with Section 18-20 of the Code of Ordinances, Vice Mayor Erhabor Ighodaro, appoints
Lanette Jones to the Commission For Women Advisory Committee. Ms. Jones’ term will commence
upon appointment and shall coincide with the term of Vice Mayor Ighodaro. Once appointed, Ms. Jpnes
will adhere to the duties and powers of the Advisory Committee as outlined in the pertinent Ordinance.
Agenda Item K-3
Appointment to CMGCFW
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
This Resolution acknowledges Vice Mayor Ighodaro’s appointment.
Proposed Action:
Vice Mayor Ighodaro proposes that the City Council approve this resolution.
Attachment:
28 OF 194
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, VICE MAYOR ERHABOR 4 IGHODARO’S APPOINTMENT OF LANETTE JONES TO THE 5
COMMISSION FOR WOMEN ADVISORY COMMITTEE FOR A 6
TERM THAT WILL COINCIDE WITH THE TERM OF THE VICE 7
MAYOR; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10
WHEREAS, the City Council has created the Commission for Women Advisory 11
Committee (“the Committee”), and 12
WHEREAS, Vice Mayor Erhabor Ighodaro and each member of the City Council 13
have the right to appoint members to the Committee, and 14
WHEREAS, in accordance with Section 2-205 of the Code of Ordinances, Vice 15
Mayor Ighodaro has appointed Lanette Jones to the Committee for a term that will 16
coincide with the term of the Vice Mayor, and 17
WHEREAS, it is appropriate for the City Council to acknowledge this 18
appointment, 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 21
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23
made a specific part of this Resolution. 24
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 25
hereby acknowledges Vice Mayor Erhabor Ighodaro’s appointment of Lanette Jones to 26
the Commission for Women Advisory Committee for a term that will coincide with the 27
term of the Vice Mayor. 28
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 29
upon its final passage. 30
29 OF 194
2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 31
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 32
33
___________________________________ 34
OLIVER GILBERT, III, MAYOR 35 36 37
38
ATTEST: 39
40 41 __________________________________ 42
RONETTA TAYLOR, MMC, CITY CLERK 43
44
45 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 46 47
48
SPONSORED BY: ERHABOR IGHODARO, PH.D., VICE MAYOR 49
50 Moved by: __________________ 51 52
VOTE: _________ 53
54
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 56 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 57
Councilman Rodney Harris ____ (Yes) ____ (No) 58
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 60 Councilman David Williams Jr ____ (Yes) ____ (No) 61
62
30 OF 194
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 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 #: N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name Erhabor Ighodaro, Vice Mayor Department: City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, URGING THE FLORIDA HOUSE OF
REPRESENTATIVES AND THE FLORIDA SENATE TO ALLOW FOR
LOCAL REGULATION OF PLASTIC BAGS IN ACCORDANCE WITH
FLORIDA STATUE 403.7033; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Vice Mayor Ighodaro supports an amendment to Section 403.7033, Florida Statutes, which
amendment would provide for local regulation of plastic bags under the State’s proposed guidelines.
Alternatively, this resolution request that the Florida Legislature repeal Section 403,7033,
Florida Statutes, so that local governments may enact and enforce legislation regarding the use
and disposal of plastic bags.
Agenda Item K-4
Local Regulation of Plastic Bags
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
The City of Miami Gardens is diligent in its effort to preserve the beautiful environment that
supports the tourism industry, which is so vital to the economy of Miami Gardens, Miami-Dade
County and the State of Florida.
Plastic bags are detrimental because they do not fully degrade in our oceans or land environment and they introduce unsafe chemicals into our environment. Plastic bags create the
potential for death of land and marine animals through entanglement and ingestion. The
expansive usage of single-use shopping bags and their typical disposal rates creates an
impediment to the city’s waste reduction and recycling goals, while creating unsightly litter. Single-use plastic bags are difficult to recycle and frequently contaminate material that is processed through the various recycling programs throughout Miami-Dade County.
Replacing single use bags with reusable bags is considered a quick and easy way to reduce
waste and litter, protect wildlife and conserve resources. Vice Mayor Ighodaro believes it is in the best interest of the public for the Florida Legislature to
provide for the local regulation of single-use shopping bags.
Proposed Action:
That the City Council approves the attached Resolution. The City Clerk is further directed to transmit a copy of this resolution to the Miami-Dade Delegation, Florida Senate, Florida House
of Representatives, and municipalities in Miami-Dade County.
Attachment:
Attachment “A” – Section 403.7033, Florida Statutes
32 OF 194
RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, URGING THE FLORIDA HOUSE OF 4 REPRESENTATIVES AND THE FLORIDA SENATE TO ALLOW 5
FOR LOCAL REGULATION OF PLASTIC BAGS IN 6
ACCORDANCE WITH FLORIDA STATUE 403.7033; PROVIDING 7
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 8 FOR AN EFFECTIVE DATE. 9 10
WHEREAS, the City of Miami Gardens is diligent in its effort to preserve the 11
beautiful environment that supports the tourism industry, which is so vital to the 12
economy of Miami Gardens, Miami-Dade County, and the State of Florida, and 13
WHEREAS, plastic bags are detrimental because they do not fully degrade in our 14
oceans or land environment and they introduce unsafe chemicals into our environment, 15
and 16
WHEREAS, plastic bags create the potential for death of land and marine 17
animals through entanglement and ingestion, and 18
WHEREAS, the expansive usage of single-use shopping bags and their typical 19
disposal rates creates an impediment to the city’s waste reduction and recycling goals, 20
while creating unsightly litter, and 21
WHEREAS, single-use plastic bags are difficult to recycle and frequently 22
contaminate material that is processed through the various recycling programs 23
throughout Miami-Dade County, and 24
WHEREAS, replacing single use bags with reusable bags is considered a quick 25
and easy way to reduce waste and litter, protect wildlife, and conserve resources, and 26
WHEREAS, Vice Mayor Ighodaro believes it is in the best interest of the public 27
for the Florida Legislature to provide for the local regulation of single-use shopping 28
bags, and 29
33 OF 194
2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 31
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 32
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 33
made a specific part of this Resolution. 34
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 35
hereby urges The Florida House of Representative and The Florida Senate to allow for 36
local regulation of plastic bags in accordance with Florida Statue 403.7033. 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: VICE MAYOR ERHABOR IGHODARO, PH.D. 58
Moved by: __________________ 59 60 VOTE: _________ 61
62
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 63
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64
34 OF 194
3
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 65
Councilman Rodney Harris ____ (Yes) ____ (No) 66
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 67 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 68 Councilman David Williams Jr ____ (Yes) ____ (No) 69
70
35 OF 194
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 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 #: N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name David Williams Jr., Council Member Department: City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, SUPPORTING MIAMI-DADE COUNTY RESOLUTION NUMBER R-325-16, URGING THE EXPEDITIOUS
PLANNING OF PHASE II OF THE BISCAYNE BAY COSTAL WETLANDS
PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Councilman Williams supports the Board of County Commissioner Resolution No. R-325-16,
adopted April 19, 2016, which urges the United States Army Corps of Engineers, Florida Department of Environmental Protection, and the South Florida Water Management District to
expedite the planning of Phase II of the Biscayne Bay Costal Wetlands Project as outlined.
Councilman Williams strongly believes that the beaches throughout Miami-Dade County and the
State of Florida are vital to the quality of life for residents and tourists alike. It is important to
Agenda Item K-5
Supporting Biscayne Bay Coastal
Wetlands
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
preserve the quality of sand that is placed on the public beaches that provide a source of
recreation and relaxation for both adults and children.
The Biscayne Bay Coastal Wetlands (BBCW) project is a critical component of the Comprehensive Everglades Restoration Plan (CERP), as authorized by Congress in 2000, which is intended to restore natural coastal wetlands and marine habitats in Biscayne Bay and
Biscayne National Park.
The BBCW project will provide increased water storage in the wetlands east of the coastal ridge, which is expected to protect against saltwater intrusion and thereby increase resiliency against sea level rise in southern Miami-Dade County.
Proposed Action:
That the City Council approves the attached Resolution. The City Clerk is further directed to transmit a copy of this resolution to the United States Army Corps of Engineers, the Secretary of the Florida Department of Environmental Protection, the South Florida Water Management
District Board Members and municipalities in Miami-Dade County.
Attachment:
Attachment “A” – Resolution No. R-325-16
37 OF 194
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE 4 COUNTY RESOLUTION NUMBER R-325-16, URGING THE 5
EXPEDITIOUS PLANNING OF PHASE II OF THE BISCAYNE BAY 6
COSTAL WETLANDS PROJECT; PROVIDING FOR THE 7
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10
WHEREAS, on April 19, 2016, the Miami-Dade County Board of County 11
Commissioners adopted Resolution Number R-325-16, which urges the United States 12
Army Corps of Engineers, Florida Department of Environmental Protection, and the 13
South Florida Water Management District to expedite the planning of Phase II of the 14
Biscayne Bay Costal Wetlands Project, and 15
WHEREAS, the Biscayne Bay Coastal Wetlands Project (BBCW) is a critical 16
component of the Comprehensive Everglades Restoration Plan (CERP), as authorized 17
by Congress in 2000, which is intended to restore natural coastal wetlands and marine 18
habitats in Biscayne Bay and Biscayne National Park, and 19
WHEREAS, the BBCW project will provide increased water storage in the 20
wetlands east of the coastal ridge, which is expected to protect against saltwater 21
intrusion and thereby increase resiliency against sea level rise in southern Miami-Dade 22
County, and 23
WHEREAS, Councilman David Williams, Jr., recommends that the City Council 24
of the City of Miami Gardens adopt this Resolution supporting Miami-Dade County 25
Resolution No. R-325-16, as he strongly believes the beaches throughout Miami-Dade 26
County and the State of Florida are vital to the quality of life for residents and tourists 27
alike, 28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30
38 OF 194
2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32
made a specific part of this Resolution. 33
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34
hereby supports Miami-Dade County Resolution No. R-325-16, urging the expeditious 35
planning of Phase II of the Biscayne Bay Costal Wetlands Project. The City Clerk is 36
hereby directed to transmit a copy of this Resolution to the United States Army Corps of 37
Engineers, the Secretary of the Florida Department of Environmental Protection, the 38
South Florida Water Management District Board Members, and municipalities in Miami-39
Dade County. 40
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 41
upon its final passage. 42
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 43
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 44
45
___________________________________ 46
OLIVER GILBERT, III, MAYOR 47
48 49 50
ATTEST: 51
52
53 __________________________________ 54 RONETTA TAYLOR, MMC, CITY CLERK 55
56
57
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 58 59 60
SPONSORED BY: COUNCILMAN DAVID WILLIAMS, JR. 61
62
Moved by: __________________ 63
39 OF 194
3
64
VOTE: _________ 65
66 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 67 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 68
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 69
Councilman Rodney Harris ____ (Yes) ____ (No) 70
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 71 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 72 Councilman David Williams Jr ____ (Yes) ____ (No) 73
74
40 OF 194
[Type text]
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other XXX
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 XXX
Funding Source: Councilwoman Special Events Account (01-11-01-511-494-01)
Advertising Requirement:
(Enter X in box)
Yes No XXX
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education X
Qual. of Life & City Image X Communication
Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X
Sponsor Name Councilwoman Felicia Robinson Department: Mayor and City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILWOMAN
ROBINSON’S SPECIAL EVENTS ACCOUNT (01-11-01-511-494-01), TO SUPPORT THE AMERICAN HEART ASSOCIATION GO RED DAY ON
FEBRUARY 3, 2017; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The American Heart Association (AHA) and the American Stroke Association (ASA) declares
February as American Heart Month. Annually, AHA brings awareness to women’s heart health by Going Red on February 3rd. Heart disease is the leading cause of death in women. 1 in 3
women suffer from heart disease. More alarming, 49% of women age 20 and older of African-
American dissent suffer with heart disease, according to the AHA. Unfortunately, many are
unaware of their prognosis, because they do not understand the signs and symptoms.
Agenda Item K-6
American Heart Assoc. "Go
Red Day Event
41 OF 194
[Type text]
Councilwoman Felicia Robinson strongly believes when people know better than can do better and education is necessary tool to battle this disease that is 80% preventable.
It is important to increase awareness, support and educate the Residents in Miami Gardens.
We are the largest African-American community in Florida we must meet our community’s needs wholly. In recognition of heart month, Councilwoman Robinson proposes to host two events to support heart health; the 2nd annual Red Dress Red Wine event on February 3, 2017,
at a venue to be determined. Red wine is important, because it is said to have antioxidants and
resveratrol that promotes heart health. Second to a healthy diet, cardiovascular activity is
another major combatant of heart disease. A Heart to Heart six hour dance-a-thon to promote physical activity is planned. It is scheduled to be held in the gymnasium of the Betty T. Ferguson Recreational Complex on February 17, 2017.
Fiscal Impact
The funding will be derived from Councilwoman Robinson special event account 01-11-01-511-494-01) which is currently available.
Proposed Action:
Recommend Council approval of this resolution supporting the American Heart Association Go Red Day on February 3, 2017 and to include commemorative events promoting heart health;
Red Dress Red Wine Reception and Heart to Heart dance-a-thon. Also recommends, the City
Manager to take all necessary actions to procure, plan and execute activities.
Attachment:
None.
42 OF 194
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM 4 COUNCILWOMAN ROBINSON’S SPECIAL EVENTS ACCOUNT 5
(01-11-01-511-494-01), TO SUPPORT THE AMERICAN HEART 6
ASSOCIATION GO RED DAY ON FEBRUARY 3, 2017; 7
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10
WHEREAS, the American Heart Association (AHA) and the American Stroke 11
Association (ASA) declares February as American Heart Month, and 12
WHEREAS, annually, AHA brings awareness to women’s heart health by Going 13
Red February 3, 2017, and 14
WHEREAS, Heart Disease is the leading cause of death in women; 1 in 3 15
women suffer from Heart Disease, and 16
WHEREAS, more alarming, 49% of women age 20 and older of 17
African-American dissent suffer with Heart Disease, according to the AHA, and 18
WHEREAS, unfortunately, many are unaware of their prognosis, because they 19
do not understand the signs and symptoms, and 20
WHEREAS, Councilwoman Felicia Robinson strongly believes when people 21
know better they can do better and education is a necessary tool to battle this disease 22
that is 80% preventable, and 23
WHEREAS, it is important to increase awareness to support and educate the 24
Residents in Miami Gardens, and 25
WHEREAS, in recognition of heart month, Councilwoman Robinson 26
proposes to host two events to support the Heart Health event; the 2nd annual Red 27
Dress Red Wine event on February 3, 2017, at a venue to be determined, and 28
WHEREAS, red wine is said to have antioxidants and resveratrol that promotes 29
heart health, and 30
43 OF 194
2
WHEREAS, second to a healthy diet, cardiovascular activity is another major 31
combatant of heart disease, and 32
WHEREAS, a Heart to Heart six hour dance-a-thon to promote physical activity 33
is planned and is scheduled to be held in the gymnasium of the Betty T. Ferguson 34
Recreational Complex on February 17, 2017, 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 authorizes the allocation of funds from Councilwoman Robinson’s Special 42
Events Account (01-11-01-511-494-01), to support the American Heart Association Go 43
Red Day on February 3, 2017, and to include commemorative events promoting Heart 44
Health, the Red Dress Red Wine Reception, and Heart to Heart Dance-A-Thon. The 45
City Council further authorizes the City Manager take all necessary actions to procure, 46
plan, and execute activities. 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 ____________, 2017. 51
52
___________________________________ 53
OLIVER GILBERT, III, MAYOR 54
55
56
44 OF 194
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: COUNCILWOMAN FELICIA ROBINSON 68
69 Moved by: __________________ 70 71
VOTE: _________ 72
73
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 74 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 75 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 76
Councilman Rodney Harris ____ (Yes) ____ (No) 77
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 78
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 79 Councilman David Williams Jr ____ (Yes) ____ (No) 80
81
45 OF 194
18605 N W 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 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 Sonja K. Dickens City Attorney Department: Office of the City Attorney
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, APPOINTING DAWN GRACE JONES AND
QUENTIN MORGRAN AS SPECIAL MASTERS AND LOCAL HEARING
OFFICERS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
The City of Miami Gardens has established a Code Enforcement Special Master Program,
whereby all appeals of code enforcement violations and red light camera infractions are heard
by a Special Master. Pursuant to Florida Statutes Chapter 316.0083, a municipality electing to
utilize a red light camera traffic safey program must designate by resolution a local hearing officer. In light of these admendments to the Statute regulating red light cameras, it is
necessary to appoint additional Special Masters.
In accordance with Section 8-23(a) of the City’s Code of Ordinances, Special Masters
appointments are recommended by the City Attorney, but are appointed by City Council. The
Agenda Item K-7
Appointing Special Masters
46 OF 194
18605 N W 27th Avenue
Miami Gardens, Florida 33056
City Attorney recommends that the City Council re-appoints both Dawn Grace Jones and
Quentin Morgan to serve as local hearing officers and Special Masters for two (2) year terms,
Proposed Action:
That the City Council approve the attached Resolution.
Attachment:
None.
47 OF 194
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, APPOINTING DAWN GRACE 4
JONES AND QUENTIN MORGRAN AS SPECIAL MASTERS AND 5
LOCAL HEARING OFFICERS; PROVIDING FOR THE 6
ADOPTION OF REPRESENTATIONS; PROVIDING AN 7
EFFECTIVE DATE. 8
9
WHEREAS, the City of Miami Gardens has established a Code Enforcement 10
Special Master Program in the City, and 11
WHEREAS, appeals of all code enforcement citations and stormwater utility fees 12
are heard by Special Masters, and 13
WHEREAS, pursuant to Florida Statutes Chapter 316.0083, a municipality 14
electing to utilize a red light camera traffic safey program must designate by resolution a 15
local hearing officer, and 16
WHEREAS, in light of these admendments to the Statute regulating red light 17
cameras, it is necessary to appoint additional Special Masters, and 18
WHEREAS, the City Attorney recommends that the City Council re-appoints both 19
Dawn Grace Jones and Quentin Morgan to serve as local hearing officers and Special 20
Masters for two (2) year terms, 21
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 23
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25
made a specific part of this Resolution. 26
Section 2. APPOINTMENT: The Council of the City of Miami Gardens hereby 27
appoints Dawn Grace Jones and Quentin Morgan to serve as local hearing officers and 28
Special Masters for two (2) year terms effective from the date of this Resolution. 29
48 OF 194
2
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 30
upon its final passage. 31
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 32
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 34
35
___________________________________ 36
OLIVER GILBERT, III, MAYOR 37 38 39
40
ATTEST: 41
42 43 __________________________________ 44
RONETTA TAYLOR, MMC, CITY CLERK 45
46
47 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48 49
50
SPONSORED BY: SONJA K. DICKEN, CITY ATTORNEY 51
52 Moved by: __________________ 53 54
VOTE: _________ 55
56
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59
Councilman Rodney Harris ____ (Yes) ____ (No) 60
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63
64
49 OF 194
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 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: Fleet Management Division Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: Florida Sheriffs Association
Contract FSA16-VEL24.0 X
Strategic Plan Related (Enter X in box) Yes No
X
Strategic Plan Priority Area:
Enhance Organizational __ Bus. & Economic Dev __ Public Safety __ Quality of education __ Quality of life & City Image __ Communication __
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A
Sponsor Name Cameron D. Benson, City Manager Department: Fleet Management Division
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK, TO ISSUE PURCHASE ORDERS TO HUB CITY, INC., FOR
THE PURCHASE OF TWO (2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT NOT TO
EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS ($63,446.00), BY RELYING
UPON FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-VEL24.0; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Staff is requesting approval to replenish vehicles that were lost due to attrition (collision).
The purchase of two (2) vehicles is being presented in accord with the Florida Sheriffs Association Contract FSA16-
VEL24.0.
The Florida Sheriffs Association competitively awarded a contract for the purchase of a variety of fleet vehicles,
effective October 1, 2016, to Duval Ford Inc.
Agenda Item K-8
Duval Ford
50 OF 194
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
• Police Department – Two (2) Unmarked Ford Expedition $31,723.00 Each
Fiscal Impact
A budget of $325,000 is in the Fleet FY 2017 budget for vehicle replacement. After the above allocation, there is a
balance of $261,554.
Proposed Action:
That the City Council authorize the City Manager to issue a purchase order to Hub City Inc., of Jacksonville, Florida,
for the purchase of two (2) 2016 Ford Expeditions, in accordance with the Florida Sheriffs Association bid, in an
amount totaling $63,446.
Attachment:
Attachment A: Dealer Quote
51 OF 194
RESOLUTION NO. 2017____ 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 ISSUE PURCHASE 5
ORDERS TO HUB CITY, INC., FOR THE PURCHASE OF TWO 6
(2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT 7
NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED 8 FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON 9 FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-10
VEL24.0; PROVIDING FOR THE ADOPTION OF 11
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12
13 WHEREAS, the City of Miami Gardens Police Department seeks to replace 14
vehicles that are no longer in service or that have become obsolete, and 15
WHEREAS, on October 1, 2016, the Florida Sheriffs Association (FSA) Contract 16
FSA16-VEL24.0 was awarded to Duval Ford, Inc., for the purchase of a variety of fleet 17
vehicles, and 18
WHEREAS, FSA Contract FSA16-VEL24.0 was competitively awarded, and 19
WHEREAS, City staff recommends that the City of Miami Gardens rely upon 20
Florida Sheriffs Association Contract FSA16-VEL24.0 for the purchase of two (2) 21
unmarked 2016 Ford Expeditions from Hub City, Inc., of Jacksonville, Florida, and 22
WHEREAS, the total cost of these vehicles will be Sixty-Three Thousand Four 23
Hundred Forty-Six Dollars ($63,446.00), and 24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 26
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 28
made a specific part of this Resolution. 29
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30
hereby authorizes the City Manager to issue purchase orders to Hub City, Inc., of 31
52 OF 194
2
Jacksonville, Florida, for the purchase of two (2) unmarked 2016 Ford Expeditions, in an 32
amount not to exceed Sixty-Three Thousand Four Hundred Forty-Six Dollars 33
($63,446.00), by relying upon Florida Sheriffs Association Contract FSA16-VEL24.0. 34
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35
upon its final passage. 36
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 38
39
___________________________________ 40
OLIVER GILBERT, III, MAYOR 41 42 43
44
ATTEST: 45
46 47 __________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
51 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 52 53
54
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 55
56 Moved by: __________________ 57 58
VOTE: _________ 59
60
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63
Councilman Rodney Harris ____ (Yes) ____ (No) 64
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 66 Councilman David Williams Jr ____ (Yes) ____ (No) 67 68
53 OF 194
54 OF 194
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 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: Fleet Management Division Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: Florida Sheriffs Association
Contract FSA16-VEL24.0 X
Strategic Plan Related (Enter X in box) Yes No
X
Strategic Plan Priority Area:
Enhance Organizational __ Bus. & Economic Dev __ Public Safety __ Quality of education __ Quality of life & City Image __ Communication __
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A
Sponsor Name Cameron D. Benson, City Manager Department: Fleet Management Division
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK, TO ISSUE PURCHASE ORDERS TO HUB CITY, INC., FOR
THE PURCHASE OF TWO (2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT NOT TO
EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS ($63,446.00), BY RELYING
UPON FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-VEL24.0; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Staff is requesting approval to replenish vehicles that were lost due to attrition (collision).
The purchase of two (2) vehicles is being presented in accord with the Florida Sheriffs Association Contract FSA16-
VEL24.0.
The Florida Sheriffs Association competitively awarded a contract for the purchase of a variety of fleet vehicles,
effective October 1, 2016, to Duval Ford Inc.
Agenda Item K-9
Hub City, Inc
55 OF 194
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
• Police Department – Two (2) Unmarked Ford Expedition $31,723.00 Each
Fiscal Impact
A budget of $325,000 is in the Fleet FY 2017 budget for vehicle replacement. After the above allocation, there is a
balance of $261,554.
Proposed Action:
That the City Council authorize the City Manager to issue a purchase order to Hub City Inc., of Jacksonville, Florida,
for the purchase of two (2) 2016 Ford Expeditions, in accordance with the Florida Sheriffs Association bid, in an
amount totaling $63,446.
Attachment:
Attachment A: Dealer Quote
56 OF 194
RESOLUTION NO. 2017____ 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 ISSUE PURCHASE 5
ORDERS TO HUB CITY, INC., FOR THE PURCHASE OF TWO 6
(2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT 7
NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED 8 FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON 9 FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-10
VEL24.0; PROVIDING FOR THE ADOPTION OF 11
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12
13 WHEREAS, the City of Miami Gardens Police Department seeks to replace 14
vehicles that are no longer in service or that have become obsolete, and 15
WHEREAS, on October 1, 2016, the Florida Sheriffs Association (FSA) Contract 16
FSA16-VEL24.0 was awarded to Duval Ford, Inc., for the purchase of a variety of fleet 17
vehicles, and 18
WHEREAS, FSA Contract FSA16-VEL24.0 was competitively awarded, and 19
WHEREAS, City staff recommends that the City of Miami Gardens rely upon 20
Florida Sheriffs Association Contract FSA16-VEL24.0 for the purchase of two (2) 21
unmarked 2016 Ford Expeditions from Hub City, Inc., of Jacksonville, Florida, and 22
WHEREAS, the total cost of these vehicles will be Sixty-Three Thousand Four 23
Hundred Forty-Six Dollars ($63,446.00), and 24
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 26
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 28
made a specific part of this Resolution. 29
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30
hereby authorizes the City Manager to issue purchase orders to Hub City, Inc., of 31
57 OF 194
2
Jacksonville, Florida, for the purchase of two (2) unmarked 2016 Ford Expeditions, in an 32
amount not to exceed Sixty-Three Thousand Four Hundred Forty-Six Dollars 33
($63,446.00), by relying upon Florida Sheriffs Association Contract FSA16-VEL24.0. 34
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35
upon its final passage. 36
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 38
39
___________________________________ 40
OLIVER GILBERT, III, MAYOR 41 42 43
44
ATTEST: 45
46 47 __________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
51 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 52 53
54
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 55
56 Moved by: __________________ 57 58
VOTE: _________ 59
60
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63
Councilman Rodney Harris ____ (Yes) ____ (No) 64
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 66 Councilman David Williams Jr ____ (Yes) ____ (No) 67 68
58 OF 194
59 OF 194
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X X
Funding Source: General Fund:
Public Works
Department
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: RFP Number 14-15-004(A)
Trolley Circulator Services First Amendment X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education
Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X
Sponsor Name Cameron Benson,
City Manager Department: Public Works Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER AMENDING THE EXISTING
SCOPE OF WORK AND TOTAL CONTRACT VALUE FOR REQUEST FOR PROPOSAL (RFP)
NUMBER 14-15-004(A), TROLLEY CIRCULATOR SERVICES, TO INCLUDE EXTENDED
WEEKEND OPERATING BUS TRANSIT SERVICES, AND PUBLIC TRANSIT SERVICES DEEMED
NECESSARY FOR DESIGNATED CITY EVENTS, FOR AN AMOUNT NOT TO EXCEED THE
ANNUAL BUDGET ALLOCATION; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Background
Agenda Item K-10
Trolley Service
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
On April 23, 2014, the City Council adopted Resolution Number 2014-062-2040, which approved the City of Miami
Gardens Bus Circulator Program. The City provides public transit services for the community throughout the City
of Miami Gardens. The major customer market is the residents of the City of Miami Gardens.
On December 1, 2014, staff prepared specifications for Request For Proposal (RFP) Number 14-15-004(A), Trolley
Circulator Services, which was solicited and posted on Demandstar. A broadcast notice was sent to one hundred
eighty-seven (187) suppliers. One (1) response was received and publicly read.
On February 25, 2015, City Council approved Resolution Number 2015-38-2235, authorizing the City Manager to
issue purchase orders, in an amount not to exceed four hundred fifty-one thousand seven hundred seventy-six
dollars ($451,776.00), annually, for Trolley Circulator Services.
The City Council awarded the contract to Limousines of South Florida, Inc., located in Miami, Florida, for five (5)
years from date of execution with an option to renew annually.
The initial contract prices, resulting from Request For Proposal (RFP) Number 14-15-004(A), will prevail for three
(3) years from the initial effective date. Prior to, or upon completion of, the third year of the original five (5) year
term or annual renewals, the City will consider adjustment to the price, based on the applicable Consumer Price
Index for All Urban Consumers (CPI-U) or two percent (2%), whichever is lower.
Current Situation
The City continues to provide public transit services for communities throughout the City of Miami Gardens. In
addition, City staff is proposing to extend public transit operating hours to include transportation services on
weekends and City events that require travel assistance from designated City parking lots. The proposed
additional scope of services for public transit amenities will assist the City in accomplishing our objective to
provide a highly visible, safe, effective, and economical environmentally user friendly transit for City residents.
The proposed amended scope of services includes:
• Additional weekend service for public transit ;
• Public transit services deemed necessary for City events.
The City’s current contract with Limousines of South Florida, Inc., Request For Proposal (RFP) Number 14-15-
004(A), for Trolley Circulator Services is currently budgeted for an amount of four hundred fifty-one thousand
seven hundred seventy-six dollars ($451,776.00), annually.
City staff is requesting to amend the existing scope of services included in the contract with Limousines of South
Florida, Inc., to extend operating hours, to the community in Miami Gardens, for weekend transit operations and
public transit services deemed necessary, for City events.
The proposed amendment to the agreement and contract value is for one hundred ninety-eight thousand two
hundred twenty-four dollars ($198,224.00), annually, which is calculated based on the approved negotiated
hourly rate.
Approval of the proposed amended scope of services revises the contract amount from four hundred fifty-one
thousand seven hundred seventy-six dollars ($451,776.00) to six hundred fifty thousand dollars ($650,000)
annually. The value of the change order service is apportioned:
Limousines of South Florida, Inc. – Trolley Circulator Services
Description/Amended Scope of Services Annual Cost
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
Initial Contract Amount $451,776.00
Transportation Services for weekends
Estimated Annual Cost (1248 hours X $72.40 per. hr.) Two Trolleys $180,710.40
Estimated Public transit services for City events $ 17,513.60
Total (Amended Annual Contract Cost ) $650,000.00
Section 2-752 (7), of the City’s Code of Ordinance indicates that “Any change in the contract price, scope of work
or time for completion of any project following the award of a contract shall be by written change order,
approved by City Council and executed with the same formalities as the contract.”
Fiscal Impact
Budget for FY 2017 for this service is $473,769, with the increase service for weekends; the funding will
be short by $176,231. At the end of fiscal year 2016, it is projected that there is a fund balance for the
CITT transit in the amount of $1.032 million which will be available to cover the costs. However, any
adjustment to the budget utilizing fund balance will require Council approval. In March 2017, Finance
will perform a mid-year analysis of the current year budget for all funds, and will then present to Council
an agenda to any budget amendment accordingly.
Proposed Action:
It is recommended that the City Council approve the attached resolution authorizing the City Manager to issue a
change order amending the existing scope of work and total contract value for Request For Proposal (RFP)
Number 14-15-004(A), Trolley Circulator Services, to include extended weekend operating bus transit services and
public transit services deemed necessary for designated City events, for an amount not to exceed the annual
budget allocation.
Attachment:
Exhibit 1 – City Council approved Resolution Number 2015-38-2235
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A CHANGE ORDER AMENDING THE 5
EXISTING SCOPE OF WORK AND TOTAL CONTRACT VALUE 6
FOR REQUEST FOR PROPOSAL (RFP) NUMBER 14-15-004(A), 7
TROLLEY CIRCULATOR SERVICES, TO INCLUDE EXTENDED 8 WEEKEND OPERATING BUS TRANSIT SERVICES, AND 9 PUBLIC TRANSIT SERVICES DEEMED NECESSARY FOR 10
DESIGNATED CITY EVENTS, FOR AN AMOUNT NOT TO 11
EXCEED THE ANNUAL BUDGET ALLOCATION; PROVIDING 12
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR 13 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 14 EFFECTIVE DATE. 15
16
WHEREAS, on April 23, 2014, the City Council of the City of Miami Gardens 17
adopted Resolution Number 2014-062-2040, which approved the City of Miami Gardens 18
Bus Circulator Program, and 19
WHEREAS, on December 1, 2014, Request for Proposal (RFP) No. 14-15-20
004(A), for trolley Circulator Services, was solicited and posted on Demandstar, and 21
WHEREAS, on February 25, 2015, City Council adopted Resolution Number 22
2015-38-2235, authorizing the City Manager to issue purchase orders, in an amount not 23
to exceed Four Hundred Fifty-One Thousand Seven Hundred Seventy-Six Dollars 24
($451,776.00) annually, to Limousines of South Florida, Inc., located in Miami, Florida, 25
for Trolley Circulator Services, and 26
WHEREAS, the initial contract with Limousines of South Florida, was for five (5) 27
years from date of execution with an option to renew annually, and 28
WHEREAS, the City continues to provide public transit services for residents, 29
and 30
WHEREAS, City staff is requesting to amend the existing scope of services 31
included in the contract with Limousines of South Florida, Inc., to extend operating 32
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2
hours for weekend transit operations, and public transit services deemed necessary for 33
City events, and 34
WHEREAS, the proposed additional scope of services for public transit amenities 35
will assist the City in accomplishing our objective to provide a highly visible, safe, 36
effective, and economical environmentally user friendly transit for residents, and 37
WHEREAS, the proposed amendment to the Agreement and contract value is for 38
One Hundred Ninety-Eight Thousand Two Hundred Twenty-Four Dollars ($198,224.00), 39
annually, and 40
WHEREAS, approval of the proposed amended scope of services revises the 41
original contract amount from Four Hundred Fifty-One Thousand Seven Hundred 42
Seventy-Six Dollars ($451,776.00), to Six Hundred Fifty Thousand Dollars ($650,000) 43
annually, and 44
WHEREAS, Section 2-752 (7), of the City’s Code of Ordinance indicates that 45
“Any change in the contract price, scope of work or time for completion of any project 46
following the award of a contract shall be by written change order, approved by City 47
Council and executed with the same formalities as the contract,” 48
WHEREAS, Staff recommends the City Council authorizes the City Manager to 49
issue a change order amending the existing scope of work and total contract value for 50
RFP Number 14-15-004(A), Trolley Circulator Services, to include extended weekend 51
operating bus transit services, and public transit services deemed necessary for 52
designated City events, for an amount not to exceed the annual budget allocation. 53
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 54
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 55
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Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 56
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 57
made a specific part of this Resolution. 58
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 59
hereby authorizes the City Manager to issue a change order amending the existing 60
scope of work and total contract value for Request For Proposal (RFP) Number 14-15-61
004(A), Trolley Circulator Services, to include extended weekend operating bus transit 62
services, and public transit services deemed necessary for designated City events, for 63
an amount not to exceed the annual budget allocation. 64
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 65
upon its final passage. 66
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 67
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 68
69
___________________________________ 70 OLIVER GILBERT, III, MAYOR 71
72
73
74 ATTEST: 75 76
77
__________________________________ 78
RONETTA TAYLOR, MMC, CITY CLERK 79 80 81
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 82
83
84 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 85 86
Moved by: __________________ 87
88
VOTE: _________ 89
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90
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 91
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 92 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 93 Councilman Rodney Harris ____ (Yes) ____ (No) 94
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 95
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 96
Councilman David Williams Jr ____ (Yes) ____ (No) 97 98
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: 01/11/2017 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 Obligation Bond 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:
X
Sponsor Name Cameron D. Benson, City Manager Department: Police Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH SAFEWARE, INC., FOR THE
PURCHASE OF A PHYSICAL SECURITY INFORMATION MANAGEMENT
SOLUTION, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY
THOUSAND AND SEVENTY-FIVE DOLLARS ($230,075.00), BY RELYING
ON U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE RFP
NUMBER 11-205753-10; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
An integral part of the Real Time Crime Center (RTCC) is the Physical Security Information
Management Solution (PSIM) which will be responsible for tying together all of the different
facets of the Real Time Crime Center in one comprehensive user interface. The PSIM will
integrate parolee residences, probationer residences, sexual predator residences, documented
gang member residences, computer aided dispatching information, ShotSpotter alerts, video Agenda Item K-11
Agmnt w/Safeware, Inc.
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Miami Gardens, Florida 33056
feeds from the City owned Closed Circuit Television Cameras, license plate reader solution,
traffic monitoring and SafeCam video feeds.
The PSIM is user friendly and an open sourced platform to allow for integration of future facets
that may be identified. This solution is a necessity within the RTCC to allow for quick and
seamless identification of resources within the area of emergency calls.
The purchase of the solution will be procured by piggybacking off of RFP Number 11-205753-10
(4400001839), which was competitively established by the U.S. Communities Government
Purchasing Alliance (U.S. Communities) lead agency, The County of Fairfax, Virginia. The use
of said contract was approved by Council in the May 11, 2016 meeting.
Funding for the software will be provided through the General Obligation Bond in connection
with the establishment of the Real Time Crime Center.
Physical Security Information Management Solution: $230,075.00
Total: $230,075.00
Proposed Action:
That the City Council approves the resolution authorizing the City Manager to complete the
purchase of the Physical Security Information Management solution from Safeware, Inc., in an
amount not to exceed two hundred thirty thousand and seventy-five dollars.
Attachment:
Attachment A: Safeware Inc., Purchase Quotes
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RESOLUTION NO. 2016____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO EXECUTE AN AGREEMENT WITH SAFEWARE, 5
INC., FOR THE PURCHASE OF A PHYSICAL SECURITY 6
INFORMATION MANAGEMENT SOLUTION, IN AN AMOUNT 7
NOT TO EXCEED TWO HUNDRED THIRTY THOUSAND 8 SEVENTY FIVE DOLLARS ($230,075.00), BY RELYING ON U.S. 9 COMMUNITIES GOVERNMENT PURCHASING ALLIANCE RFP 10
NUMBER 11-205753-10; PROVIDING FOR THE ADOPTION OF 11
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12
13 WHEREAS, the Miami Gardens Police Department (MGPD) is in the process of 14
procuring a Real Time Crime Center (RTCC) for the Public Safety Building, and 15
WHEREAS, an integral part of the Real Time Crime Center (RTCC) is the 16
Physical Security Information Management Solution (PSIM) which will be responsible 17
for tying together all of the different facets of the Real Time Crime Center in one 18
comprehensive user interface, and 19
WHEREAS, the PSIM will integrate parolee residences, probationer residences, 20
sexual predator residences, documented gang member residences, computer aided 21
dispatching information, ShotSpotter alerts, video feeds from the City owned Closed 22
Circuit Television Cameras, license plate reader solution, traffic monitoring and 23
SafeCam video feeds, and 24
WHEREAS, the PSIM is user friendly and an open sourced platform to allow for 25
integration of future facets that may be identified; and this solution is a necessity within 26
the RTCC to allow for quick and seamless identification of resources within the area of 27
emergency calls, and 28
WHEREAS, the total cost for purchasing and installing the physical security 29
information management solution is Two Hundred Thirty Thousand Seventy Five 30
Dollars ($230,075.00), and 31
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2
WHEREAS, this purchase will be procured by relying on RFP Number 11-32
205753-10 (4400001839), which was competitively bid by the U.S. Communities 33
Government Purchasing Alliance, and 34
WHEREAS, City staff recommends City Council authorizes the City Manager to 35
execute an agreement with Safeware, Inc., for the purchase of Physical Security 36
Information Management Solutions, in an amount not to exceed Two Hundred Thirty 37
Thousand Seventy Five Dollars ($230,075.00), 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 authorizes the City Manager to execute an agreement with Safeware, Inc., for 45
the purchase of a physical security information management solutions, in an amount not 46
to exceed in an amount not to exceed Two Hundred Thirty Thousand Seventy Five 47
Dollars ($230,075.00) by relying on U.S. Communities Government Purchasing Alliance 48
RFP Number 11-205753-10 (4400001839). 49
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 50
upon its final passage. 51
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 52
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 53
54
___________________________________ 55
OLIVER GILBERT, III, MAYOR 56
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3
57
58
59 ATTEST: 60 61
62
__________________________________ 63
RONETTA TAYLOR, MMC, CITY CLERK 64 65 66
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 67
68
69 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 70 71
Moved by: __________________ 72
73
VOTE: _________ 74 75 76
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 77
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 78
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 79 Councilman Rodney Harris ____ (Yes) ____ (No) 80 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 81
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 82
Councilman David Williams Jr ____ (Yes) ____ (No) 83
84
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QUOTATION
1483778
Order Date
Order Number
12/9/2016 14:23:19
Page
1 of 2
Quote Expires On 12/23/2016www.safewareinc.com
5641 S. Laburnum Avenue
Richmond, VA 23231
USA
804-236-0579
Miami Gardens Police Department
18611 NW 27th Ave
Miami Gardens, FL 33056
Customer ID:
Miami Gardens, FL 33056
18611 NW 27th Ave
Bill To:Ship To:
Miami Gardens Police Department
305-474-1621
88286
TakerPO Number
Live Earth khaller@safewareinc.comKim Haller
Email
Freight Terms FaxPhone
Freight Paid
Item ID
Item DescriptionRemaining
Quantities
UOM
Di
s
p
.
Unit Size
Pricing
UOM Unit
PriceUnit Size
Price
Extended
AllocatedOrdered
PVANKIRK1.000.00 EAEA 0.000.001.00
1.0 1.0For questions regarding this proposal
please contact:
Peter Van Kirk
Safeware-Mallory
Director-Government Security Solutions
(M) 561-262-8343
(O) 561-400-1029
(F) 804-236-0429
(E) pvankirk@safewareinc.com
SFW LET3.000.00 EAEA 123,750.0041,250.003.00
List Price:USC Discount:41%Your Discount: 51.73% 85,451.98
1.0 1.0Live Earth Team
SFW USER ACCT3.000.00 EAEA 26,325.008,775.003.00
List Price:USC Discount:41%Your Discount: 56.42%
1.0 1.0
20,135.59
User Accounts
5 users
SFW INTERACTIVE TRAFFIC3.000.00 EAEA 27,000.009,000.003.00
List Price:USC Discount:41%Your Discount: 49.72% 17,898.31
1.0 1.0Interactive Traffic
SFW INTERACTIVE WEATHER3.000.00 EAEA 13,500.004,500.003.00
List Price:USC Discount:41%Your Discount: 60.44% 11,376.04
1.0 1.0Interactive Weather
SFW SUNGARD CAD3.000.00 EAEA 13,500.004,500.003.00
List Price:USC Discount:41%Your Discount: 58.43% 10,825.59
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QUOTATION
1483778
Order Date
Order Number
12/9/2016 14:23:19
Page
2 of 2
Quote Expires On 12/23/2016www.safewareinc.com
5641 S. Laburnum Avenue
Richmond, VA 23231
USA
804-236-0579
Item ID
Item DescriptionRemaining
Quantities
UOM
Di
s
p
.
Unit Size
Pricing
UOM Unit
PriceUnit Size
Price
Extended
AllocatedOrdered
1.0 1.0Sungard CAD
SFW GENETEC VMS3.000.00 EAEA 13,500.004,500.003.00
List Price:USC Discount:41%Your Discount: 47.70% 8,604.95
1.0 1.0Genetec VMS
SFW OTSF1.000.00 EAEA 12,500.0012,500.001.00
List Price:USC Discount:41%Your Discount: 53.07% 26,634.38
1.0 1.0One Time Setup Fee
US COM1.000.00 EAEA 0.000.001.00
1.0 1.0US Communities Contract Information
Contract number: 4400001839
Standard freight charges for shipments within the
continental US are paid. Any Hazardous material
charges or expedited freight will be billed.
*Agency must be registered with US
Communities at www.uscommunities.org
SUB-TOTAL:Total Lines:9 230,075.00
0.00TAX:
230,075.00AMOUNT DUE:
Actual freight added per freight terms
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing: (Enter X in box) Yes No Yes No
X
Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev
Public Safety Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy:
X
Sponsor Name Cameron D. Benson, City Manager Department: Police Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT
CERTAIN AGREEMENT WITH THE UNIVERSITY OF SOUTH FLORIDA’S CENTER FOR URBAN TRANSPORTATION FOR THE ACCEPTANCE OF
THE URBAN TRANSPORTATION RESEARCH GRANT IN THE AMOUNT
OF SIXTEEN THOUSAND DOLLARS ($16,000.00) FOR A PEDESTRIAN
AND BICYCLE SAFETY PROGRAM, A COPY OF WHICH IS ATTACHED
HERETO TO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AS A RESULT OF THIS GRANT
PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Agenda Item K-12
Urban Transportation
Research Grant
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Miami Gardens, Florida 33056
Upon implementation the Miami Gardens Police Department, will utilize law enforcement support to
educate and enforce pedestrian/bicycle safety. The Miami Gardens Police Department will strive for
safe pedestrian, bicyclist and driver behavior in high priority areas throughout the city.
According to the Florida Department of Highway Safety Motor Vehicle (DHSMV) report, in 2015 there
were 632 pedestrian fatalities, 9,086 pedestrian crashes, 153 bicyclist fatalities, and 7,123 bicycle
crashes in the State of Florida. The Miami Gardens Police Department will utilize the Urban
Transportation Research Grant to educate the public on pedestrian and bicycle safety measures. The
education component will include but not be limited to public presentations, direct citizen contact on
the roadways of the City of Miami Gardens and through enforcement of applicable pedestrian, bicycle
and traffic laws.
Additionally, the Police Department is committed to furthering the education of its uniformed road
patrol personnel, through in house training programs for patrol officers and their mission in protecting
pedestrians and bicyclists throughout the city. These funds will be used to develop an understanding and
develop expertise in the area of pedestrian and bicycle safety issues related to their patrol duties.
The grant funding provides one hundred percent (100 %) reimbursement for the costs of four officers to
work four hours a day once a week not to exceed thirty three weeks. The grant further provides for
educational materials for police officer and citizen training. The expenditure will not exceed the grant
allotment of $16,000.00.
Proposed Action:
It is recommended that the City Council approve the attached resolution authorizing the City Manager
to enter into an agreement with the University of South Florida Center for Urban Transportation and to
accept the grant funding, not to exceed $ 16,000.00
Attachments:
Letter of Agreement and Contract between the City of Miami Gardens and the University of South
Florida Board of Trustees.
Exhibit “A”, Scope of Services: Pedestrian and Bicycles Safety Enforcement Campaign
Exhibit “B”, Method of Compensation: Pedestrian and Bicycles Safety Enforcement Campaign
Exhibit “C”, Effort Summary: Pedestrian and Bicycles Safety Enforcement Campaign
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5
RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE 6
UNIVERSITY OF SOUTH FLORIDA’S CENTER FOR URBAN 7
TRANSPORTATION FOR THE ACCEPTANCE OF THE URBAN 8 TRANSPORTATION RESEARCH GRANT IN THE AMOUNT OF 9 SIXTEEN THOUSAND DOLLARS ($16,000.00) FOR A 10
PEDESTRIAN AND BICYCLE SAFETY PROGRAM, A COPY OF 11
WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”; 12
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND 13 ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; 14 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 15
PROVIDING FOR AN EFFECTIVE DATE. 16
17
WHEREAS, the University of South Florida’s Center for Urban Transportation 18
has awarded the Urban Transportation Research grant to the City of Miami Gardens 19
Police Department (MGPD) to educate the public on pedestrian and bicycle safety 20
measures, and 21
WHEREAS, the MGPD will receive Sixteen Thousand Dollars ($16,000.00) from 22
this Grant, and 23
WHEREAS, the MGPD will utilize this grant to educate the public, and to enforce 24
pedestrian and bicycle safety in high priority areas throughout the City, and 25
WHEREAS, the education component will include but not be limited to public 26
presentations, and direct citizen, and 27
WHEREAS, MGPD is committed to furthering the education of its uniformed road 28
patrol personnel, through in-house training programs for patrol officers, and 29
WHEREAS, Grant funding provides one hundred percent (100%) reimbursement 30
for the costs of four (4) officers to work four (4) hours a day, one day per week, not to 31
exceed thirty-three (33) weeks, and for educational materials for training, 32
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 34
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 35
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 36
made a specific part of this Resolution. 37
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 38
hereby authorizes the City Manager to accept the Urban Transportation Research Grant 39
award; and authorizes the City Manager to execute any and all agreements that are 40
awarded to the City as a result of this grant process. 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 ____________, 2017. 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
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67
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 68
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 69 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 70 Councilman Rodney Harris ____ (Yes) ____ (No) 71
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 72
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 73
Councilman David Williams Jr ____ (Yes) ____ (No) 74
75
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18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing: (Enter X in box) Yes No Yes No
X X
Funding Source: General Fund- IT Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev
Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A
X
Sponsor Name Cameron D. Benson,
City Manager Department: Office of Information
Technology
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO TYLER TECHNOLOGIES INC., FOR
MAINTENANCE SUPPORT AND LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE AMOUNT OF
NINETY-FOUR THOUSAND EIGHT HUNDRED FORTY DOLLARS AND TWENTY-ONE CENTS
($94,840.21), FOR FISCAL YEAR 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
The City of Miami Gardens utilizes the EDEN software from Tyler Technologies’, as our main operational
software package for the departments. The EDEN software package is deeply ingrained in the day-to-day
business operations of the City. Agenda Item K-13
Eden Software Package
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18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
On May 9, 2003, the City of Fort Myers issued a Request For Proposal (RFP) Number R6006-03, which
resulted in an agreement with Eden Systems Incorporated.
On October 1, 2003, the City of Fort Myers Evaluation Committee short-listed three software Bidders:
J.D. Edwards, MUNIS, and Eden Incorporated and unanimously voted to elevate Eden Systems.
February 2, 2004, City Council of Fort Myers approved Item Number 42 for the Software License and Use
Agreement in the amount of one million twenty-four thousand four hundred and five dollars
($1,024,405.00) to Eden Systems Incorporated. The City of Fort Myers permitted other entities to utilize
their contract for similar services and Eden Systems Incorporated agreed to permit the City of Miami
Gardens to utilize their contract for the provisions required by the City.
In 2005, City staff performed a market research and vendor analysis on the Enterprise Resource Planning
(ERP) System for the City. City staff researched several governmental integrated software programs and
determined components necessary for the City’s operational software package. City Staff reviewed all
of the information received from Tyler Technologies, New World Systems, American Data Group, MGT of
America; SunGard Bi-Tech; CityView; Logics, LLC and AVR.
Demonstrations were requested and provided by: Eden Systems (Tyler Technologies); Logos.NET (New
World Systems); MUNIS System (Tyler Technologies); SunGard Bi-Tech; and Logics LLC.
The product from Eden Systems by Tyler Technologies was determined to be a better option for the City
of Miami Gardens because it offered the most complete, fully integrated City wide software system,
which meets all of the City’s current and future software requirements (Exhibit 1).
On December 14, 2005, the City Council adopted Resolution Number 2005-169-346, authorizing the City
Manager to negotiate and execute agreements with Tyler Technologies, Inc., in accordance with the City
of Fort Myers contract for the purchase and implementation of a Enterprise Resource Planning (ERP)
System – EDEN, in an amount not exceed six hundred fifty thousand dollars ($650,000.00); plus a
separate annual support maintenance agreement.
The initial term of the agreement, software and services was upon execution of the contract and will
continue until terminated.
According to the software license and use agreement, support and services are provided subject to the
terms and conditions of the License Agreement. The agreement includes licenses, technical support and
maintenance for Tyler EDEN.
The cost for maintenance in 2016 was $91,766.06. The cost for maintenance in 2017 is $94,840.21; the
current cost for maintenance is an increase of approximately three percent (3%) above last year’s cost.
Current Situation
The City of Miami Gardens has acquired Tyler Technologies’ Enterprise Resource Planning (ERP) System
– EDEN, as our primary ERP City wide integrated software system. Tyler Technologies’ also provides the
City with annual maintenance support for the operational software. The Eden Software is proprietary
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Miami Gardens, Florida 33056
software and available by Tyler Technologies’. The City’s current software agreement with Eden Systems
Incorporated requires the City to meet and exceed the minimum hardware, software and
communication connectivity requirements referenced in the contract. Therefore, Tyler Technologies is
the only reasonable source to provide maintenance for the City’s ERP system.
For Fiscal Year 2017, the annual cost for software maintenance is $94,840.21.
Fiscal Impact
The amount budgeted in FY 2017 is $92,000. The Department will utilize the repairs and maintenance
line item to cover the shortfall of $2,840.21.
Proposed Action:
It is recommended that the City Council approve the attached resolution authorizing the City Manager
to issue a purchase order to Tyler Technologies for the maintenance support and licenses of the EDEN
software package in an amount of $94,840.21.
Attachment:
Exhibit 1 – Memorandum Authorization December 14, 2005
Exhibit 2 - City of Fort Myers Eden System Inc. Software License Use Agreement.
Exhibit 3 – Tyler Technologies Invoice
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A PURCHASE ORDER TO TYLER 5
TECHNOLOGIES INC., FOR MAINTENANCE SUPPORT AND 6
LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE 7
AMOUNT OF NINETY-FOUR THOUSAND EIGHT HUNDRED 8 FORTY DOLLARS AND TWENTY-ONE CENTS ($94,840.21), 9 FOR FISCAL YEAR 2017; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, the City of Miami Gardens utilizes the Enterprise Resource Planning 13
System (EDEN) software package from Tyler Technologies, Inc., as our main 14
operational software package for the departments, and 15
WHEREAS, EDEN is deeply ingrained in the day-to-day business operations of 16
the City, and 17
WHEREAS, on May 9, 2003, the City of Fort Myers issued a Request For 18
Proposal (RFP) Number R6006-03, which resulted in an agreement with Eden Systems 19
Incorporated, and 20
WHEREAS, on October 1, 2003, the City of Fort Myers Evaluation Committee 21
short-listed three software Bidders: J.D. Edwards, MUNIS, and Eden Incorporated and 22
unanimously voted to elevate Eden Systems, and 23
WHEREAS, on February 2, 2004, City Council of Fort Myers approved Item 24
Number 42 for the Software License and Use Agreement in the amount of One Million 25
Twenty-Four Thousand Four Hundred and Five Dollars ($1,024,405.00) to Eden 26
Systems Incorporated, and 27
WHEREAS, the City of Fort Myers permitted other entities to utilize their contract 28
for similar services and Eden Systems Incorporated agreed to permit the City of Miami 29
Gardens to utilize their contract for the provisions required by the City, and 30
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2
WHEREAS, on December 14, 2005, the City Council of the City of Miami 31
Gardens adopted Resolution 2005-169-346, which authorized the City Manager to 32
negotiate and execute agreements with Tyler Technologies, Inc., in accordance with the 33
City of Fort Myers contract for the purchase and implementation of EDEN, in an amount 34
not exceed Six Hundred Fifty Thousand Dollars ($650,000.00); plus a separate annual 35
support maintenance agreement, and 36
WHEREAS, the initial term of the agreement, software and services was upon 37
execution of the contract and will continue until terminated, and 38
WHEREAS, it is necessary for the City to renew the annual maintenance support 39
and licenses for the use of EDEN, and 40
WHEREAS, the cost for the software maintenance and licenses in 2017 is 41
Ninety-Four Thousand Eight Hundred Forty Dollars and Twenty-One Cents 42
($94,840.21), 43
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 45
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 46
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 47
made a specific part of this Resolution. 48
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 49
hereby authorizes the City Manager to issue a purchase order to Tyler Technologies 50
Inc., for maintenance support and licenses for the EDEN software package in the 51
amount of Ninety-Four Thousand Eight Hundred Forty Dollars and Twenty-One Cents 52
($94,840.21), for fiscal year 2017. 53
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3
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 54
upon its final passage. 55
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 56
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 57
58
___________________________________ 59
OLIVER GILBERT, III, MAYOR 60
61 62 63
ATTEST: 64
65
66 __________________________________ 67 RONETTA TAYLOR, MMC, CITY CLERK 68
69
70
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 71 72 73
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 74
75
Moved by: __________________ 76 77 VOTE: _________ 78
79
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 80
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 81 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 82 Councilman Rodney Harris ____ (Yes) ____ (No) 83
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 84
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 85
Councilman David Williams Jr ____ (Yes) ____ (No) 86
87
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 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: Revenue -
General Funds/ Planning and Zoning
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy:
X
Sponsor Name Cameron D. Benson City Manager Department: Planning and Zoning Services
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST
RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY FOR THE ACCEPTANCE OF THE COMMUNITY PLANNING
TECHNICAL ASSISTANCE GRANT IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) TO ASSIST WITH THE DEVELOPMENT OF URBAN DESIGN STANDARDS WITHIN
THE ENTERTAINMENT OVERLAY DISTRICT, A COPY OF WHICH IS ATTACHED HERETO TO AS
EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS
AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Agenda Item K-14
Community Planning Technical
Grant
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Background
In 2015 the City of Miami Gardens adopted the Entertainment Overlay (EO) zoning district to encourage
and support large scale development of entertainment driven uses, including, but not limited to, hotels,
theaters, cultural centers, indoor recreation facilities, restaurants, and commercial activities with the
purpose of attracting customers and visitors from local, regional, national, and international areas. As a
complement to the recently adopted EO zoning standards the City wishes to draft urban design
standards that will produce iconic architecture in alignment with the City’s vision for a revitalized
commercial center attracting lively urban development.
Current Situation
The City of Miami Gardens has applied for a Community Planning Technical Assistance grant from the
Florida Department of Economic Opportunity (DEO) to assist with the development of urban design
standards within the City’s EO zoning district. The City has been awarded $25,000 to facilitate the
establishment of design standards focused on the physical form of development within the Entertaiment
Overlay.
Fiscal Impact
This is a reimbursable grant for eligible expenses with no matching funds required.
Proposed Action:
City Council allow the City Manager to accept the grant award and submit the required resolution.
Authorize the City Manager to execute any and all agreements that are awarded to the City as a result of
this grant process.
Attachment:
Attachment A - Grant Agreement
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5
RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE 6
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR 7
THE ACCEPTANCE OF THE COMMUNITY PLANNING 8 TECHNICAL ASSISTANCE GRANT IN THE AMOUNT OF 9 TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO ASSIST 10
WITH THE DEVELOPMENT OF URBAN DESIGN STANDARDS 11
WITHIN THE ENTERTAINMENT OVERLAY DISTRICT, A COPY 12
OF WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”; 13 AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND 14 ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; 15
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 16
PROVIDING FOR AN EFFECTIVE DATE. 17
18 WHEREAS, in 2015 the City of Miami Gardens adopted the Entertainment 19
Overlay (EO) zoning district to encourage and support large scale development of 20
entertainment driven uses, including, but not limited to, hotels, theaters, cultural centers, 21
indoor recreation facilities, restaurants, and commercial activities, and 22
WHEREAS, the City applied for a Community Planning Technical Assistance 23
grant from the Florida Department of Economic Opportunity (DEO) to assist with the 24
development of urban design standards within the EO, and 25
WHEREAS, the City has been awarded the DEO grant in the amount of Twenty-26
Five Thousand Dollars ($25,000.00), to facilitate the establishment of design standards 27
focused on the physical form of development within the EO, and. 28
WHEREAS, the grant funds will be used to assist in the drafting of urban design 29
standards that will produce iconic architecture in alignment with the City’s vision for a 30
revitalized commercial center attracting lively urban development, and 31
WHEREAS, this is a reimbursable grant for eligible expenses with no matching 32
funds required, 33
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2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 35
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 36
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 37
made a specific part of this Resolution. 38
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 39
hereby authorizes the City Manager to accept the Community Planning Technical 40
Assistance grant from the Florida Department of Economic Opportunity (DEO); and 41
authorizes the City Manager to execute any and all agreements that are awarded to the 42
City as a result of this grant process. 43
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 44
upon its final passage. 45
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 46
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 47
48
___________________________________ 49
OLIVER GILBERT, III, MAYOR 50
51 52 53
ATTEST: 54
55
56 __________________________________ 57 RONETTA TAYLOR, MMC, CITY CLERK 58
59
60
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 61 62 63
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 64
65
Moved by: __________________ 66
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3
67
VOTE: _________ 68
69 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 70 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 71
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72
Councilman Rodney Harris ____ (Yes) ____ (No) 73
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 74 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 75 Councilman David Williams, Jr. ____ (Yes) ____ (No) 76
77
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Agreement # P0214
Page 1 of 39
GRANT AGREEMENT
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
THIS GRANT AGREEMENT (“Agreement”) is made and entered into by and between the State of Florida,
Department of Economic Opportunity (“DEO”), and City of Miami Gardens (“Grantee”). DEO and Grantee
are sometimes referred to herein individually as a “Party” and collectively as “the Parties.”
I. GRANTEE AGREES:
A. Performance Requirements:
Grantee shall perform the services specified herein in accordance with the terms and conditions
of this Agreement and all of its attachments and/or exhibits, which are incorporated by reference
herein.
B. Type of Agreement:
This Agreement is a cost reimbursement agreement.
C. Agreement Period:
The term of this Agreement begins on July 1, 2016, and shall end on June 30, 2017. DEO shall not
be obligated to pay for costs incurred by Grantee related to this Agreement prior to its beginning
date or after its ending date. Grantee acknowledges that while no extension of this Agreement is
contemplated, if an extension is necessary due to events beyond the control of Grantee, any
consideration of an extension will be subject to the availability of funds and further conditioned
upon Grantee’s satisfactory performance of all duties and obligations hereunder, as determined
by DEO.
D. Agreement Payment:
This Agreement shall not exceed Twenty-Five Thousand Dollars ($25,000) which shall be paid by
DEO in consideration for Grantee’s provision of services as set forth by the terms and conditions
of this Agreement. The State of Florida and DEO’s performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature. DEO shall be the final
authority as to the availability of funds for this Agreement, and as to what constitutes an “annual
appropriation” of funds to complete this Agreement. If such funds are not appropriated or
available for the Agreement purpose, such event will not constitute a default on DEO or the State.
DEO agrees to notify Grantee in writing at the earliest possible time if funds are not appropriated
or available. The cost for services rendered under any other Agreement or to be paid from any
other source is not eligible for reimbursement under this Agreement.
E. Requirements of paragraphs (a) – (i) of subsection 287.058(1), Florida Statutes (F.S.):
1. Grantee shall submit bills for fees or other compensation for services or expenses in sufficient
detail for a proper pre-audit and post-audit thereof.
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Agreement # P0214
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2. If travel expenses are authorized, Grantee shall submit bills for such travel expenses and shall
be reimbursed only in accordance with section 112.061, F.S.
3. Grantee shall allow public access to all documents, papers, letters or other materials made or
received by Grantee in conjunction with this Agreement, unless the records are exempt from
section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. It is expressly
understood that DEO may unilaterally cancel this Agreement for Grantee’s refusal to comply
with this provision.
4. Grantee shall perform all tasks contained in Attachment 1, Scope of Work.
5. Receipt by Grantee of DEO’s written acceptance of the units of deliverables specified herein
is a condition precedent to payment under this Agreement and is contingent upon Grantee’s
compliance with the specified performance measure (i.e., each deliverable must satisfy at
least the minimum acceptable level of service specified in the Scope of Work and DEO shall
apply the applicable criteria stated in the Scope of Work to determine satisfactory completion
of each deliverable).
6. Grantee shall comply with the criteria and final date by which such criteria must be met for
completion of this Agreement.
7. Renewal: This Agreement may not be renewed.
8. If Grantee fails to perform in accordance with the Agreement, DEO shall apply the financial
consequences specified herein.
9. Unless otherwise agreed in writing, intellectual property rights to preexisting property will
remain with Grantee; whereas, intellectual property rights to all property created or
otherwise developed by Grantee specifically for DEO will be owned by the State of Florida
through DEO. Proceeds derived from the sale, licensing, marketing or other authorization
related to any such DEO-controlled intellectual property right shall be handled in the manner
specified by applicable state statute.
F. Governing Laws of the State of Florida:
1. Grantee agrees that this Agreement is executed and entered into in the State of Florida, and
shall be construed, performed, and enforced in all respects in accordance with the laws, rules,
and regulations of the State of Florida. Each Party shall perform its obligations herein in
accordance with the terms and conditions of the Agreement. Without limiting the provisions
of Section II.D., Dispute Resolution, the exclusive venue of any legal or equitable action that
arises out of or relates to the Agreement shall be the appropriate state court in Leon County,
Florida; in any such action, the Parties waive any right to jury trial. For avoidance of doubt,
should any term of this Agreement conflict with any applicable law, rule, or regulation, the law,
rule, or regulation shall control over the provisions of this Agreement.
2. If applicable, Grantee agrees that it is in compliance with the rules for e-procurement as
directed by Rule 60A-1.030, F.A.C., and that it will maintain eligibility for this Agreement
through the MyFloridaMarketplace.com system.
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Agreement # P0214
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3. DEO shall ensure compliance with section 11.062, F.S., and section 216.347, F.S. Grantee shall
not, in connection with this or any other agreement with the State, directly or indirectly: (1)
offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any
State officer or employee’s decision, opinion, recommendation, vote, other exercise of
discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any
gratuity for the benefit of, or at the direction or request of, any State officer or employee. For
purposes of clause (2), “gratuity” means any payment of more than nominal monetary value
in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions,
advances, deposits of money, services, employment, or contracts of any kind. Upon request
of DEO’s Inspector General, or other authorized State official, Grantee shall provide any type
of information the Inspector General deems relevant to Grantee’s integrity or responsibility.
Such information may include, but shall not be limited to, Grantee’s business or financial
records, documents, or files of any type or form that refer to or relate to this Agreement.
Grantee shall retain such records in accordance with the record retention requirements of
Part V of Attachment 2, Audit Requirements.
4. Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by
the Inspector General or other authorized State official for investigations of Grantee’s
compliance with the terms of this or any other agreement between Grantee and the State
which results in the suspension or debarment of Grantee. Such costs shall include, but shall
not be limited to: salaries of investigators, including overtime; travel and lodging expenses;
and expert witness and documentary fees. Grantee shall not be responsible for any costs of
investigations that do not result in Grantee’s suspension or debarment. Grantee understands
and will comply with the requirements of subsection 20.055(5), F.S., including but not
necessarily limited to, the duty of Grantee and any of Grantee’s subcontractors to cooperate
with the inspector general in any investigation, audit, inspection, review, or hearing pursuant
to section 20.055, F.S.
5. Public Entity Crime: Pursuant to section 287.133(2)(a), F.S., 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, proposal, or reply on an agreement to provide any goods or services to a public
entity; may not submit a bid, proposal, or reply on an agreement with a public entity for the
construction or repair of a public building or public work; may not submit bids, proposals, or
replies on leases of real property to a public entity; may not be awarded or perform work as
a Grantee, supplier, subcontractor or consultant under an agreement with any public entity
and may not transact business with any public entity in excess of the threshold amount
provided in section 287.017, F.S., for Category Two for a period of thirty-six (36) months from
the date of being placed on the convicted vendor list.
6. Advertising: Subject to chapter 119, F.S., Grantee shall not publicly disseminate any
information concerning this Agreement without prior written approval from DEO, including,
but not limited to, mentioning this Agreement in a press release or other promotional
material, identifying DEO or the State as a reference, or otherwise linking Grantee’s name and
either a description of the Agreement or the name of DEO or the State in any material
published, either in print or electronically, to any entity that is not a Party to this Agreement,
except potential or actual authorized distributors, dealers, resellers, or service
representatives.
7. Sponsorship: As required by section 286.25, F.S., if Grantee is a nongovernmental
organization which sponsors a program financed wholly or in part by state funds, including
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any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing
the sponsorship of the program, state: “Sponsored by (Grantee’s name) and the State of
Florida, Department of Economic Opportunity.” If the sponsorship reference is in written
material, the words “State of Florida, Department of Economic Opportunity” shall appear in
the same size letters or type as the name of the organization.
8. Mandatory Disclosure Requirements:
a. Conflict of Interest: This Agreement is subject to chapter 112, F.S. Grantee shall disclose
the name of any officer, director, employee, or other agent who is also an employee of
the State. Grantee shall also disclose the name of any State employee who owns, directly
or indirectly, more than a five percent (5%) interest in Grantee or its affiliates.
b. [Intentionally Omitted.]
c. Vendors on Scrutinized Companies Lists: If this Agreement is in the amount of $1 million
or more, in executing this Agreement, Grantee certifies that it is not listed on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473,
F.S.
1) Pursuant to section 287.135(5), F.S., DEO may immediately terminate this Agreement
for cause if Grantee is found to have submitted a false certification or if Grantee is
placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or has been
engaged in business operations in Cuba or Syria, during the term of the Agreement.
2) If DEO determines that Grantee has submitted a false certification, DEO will provide
written notice to Grantee. Unless Grantee demonstrates in writing, within ninety (90)
days of receipt of the notice, that DEO’s determination of false certification was made
in error, DEO shall bring a civil action against Grantee. If DEO’s determination is
upheld, a civil penalty equal to the greater of $2 million or twice the amount of this
Agreement shall be imposed on Grantee, and Grantee will be ineligible to bid on any
Agreement with an agency or local governmental entity for three (3) years after the
date of DEO’s determination of false certification by the Grantee.
3) In the event that federal law ceases to authorize the states to adopt and enforce the
contracting prohibition identified herein, this provision shall be null and void.
d. Discriminatory Vendors: Grantee shall disclose to DEO if it or any its affiliates, as defined
by section 287.134(1)(a), F.S. appears on the discriminatory vendor list. An entity or
affiliate placed on the discriminatory vendor list pursuant to section 287.134, F.S. may
not:
1) submit a bid, proposal, or reply on a contract or agreement to provide any goods or
services to a public entity;
2) submit a bid, proposal, or reply on a contract or agreement with a public entity for
the construction or repair of a public building or public work;
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3) submit bids, proposals, or replies on leases of real property to a public entity;
4) be awarded or perform work as a contractor, subcontractor, Grantee, supplier, sub-
Grantee, or consultant under a contract or agreement with any public entity; or
5) transact business with any public entity.
9. [Intentionally Omitted.]
10. Information Release:
a. Grantee shall keep and maintain public records required by DEO to perform Grantee’s
responsibilities hereunder. Grantee shall, upon request from DEO’s custodian of public
records, provide DEO with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time per the cost structure provided in chapter
119, F.S., and in accordance with all other requirements of chapter 119, F.S., or as
otherwise provided by law. Upon expiration or termination of this Agreement, Grantee
shall transfer, at no cost, to DEO all public records in possession of Grantee or keep and
maintain public records required by DEO to perform the service. If the Grantee keeps and
maintains public records upon completion of the Agreement, the Grantee shall meet all
applicable requirements for retaining public records. All records stored electronically
must be provided to DEO, upon request from the DEO’s custodian of records, in a format
that is compatible with the information technology systems of DEO.
b. If DEO does not possess a record requested through a public records request, DEO shall
notify the Grantee of the request as soon as practicable, and Grantee must provide the
records to DEO or allow the records to be inspected or copied within a reasonable time.
If Grantee does not comply with DEO’s request for records, DEO shall enforce the
provisions set forth in this Agreement. A Grantee who fails to provide public records to
DEO within a reasonable time may be subject to penalties under section 119.10, F.S.
c. DEO does not endorse any Grantee, commodity, or service. No public disclosure or news
release pertaining to this Agreement shall be made without the prior written approval of
DEO. Grantee is prohibited from using Agreement information, sales values/volumes
and/or DEO customers in sales brochures or other promotions, including press releases,
unless prior written approval is obtained from DEO.
d. Grantee acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating
to public records and that reports, invoices, and other documents Grantee submits to
DEO under this Agreement may constitute public records under Florida Statutes. Grantee
shall cooperate with DEO regarding DEO’s efforts to comply with the requirements of
chapter 119, F.S.
e. If Grantee submits records to DEO that are confidential and exempt from public disclosure
as trade secrets or proprietary confidential business information, such records should be
identified as such by Grantee prior to submittal to DEO. Failure to identify the legal basis
for each exemption from the requirements of chapter 119, F.S., prior to submittal of the
record to DEO serves as Grantee’s waiver of a claim of exemption. Grantee shall ensure
that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of
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the Agreement term and following completion of the Agreement if the Grantee does not
transfer the records to DEO upon termination of the Agreement.
f. Grantee shall allow public access to all records made or received by Grantee in
conjunction with this Agreement, unless the records are exempt from section 24(a) of
Article I of the State Constitution and section 119.07(1), F.S. For records made or received
by Grantee in conjunction with this Agreement, Grantee shall respond to requests to
inspect or copy such records in accordance with chapter 119, F.S.
g. In addition to Grantee’s responsibility to directly respond to each request it receives for
records made or received by Grantee in conjunction with this Agreement and to provide
the applicable public records in response to such request, Grantee shall notify DEO of the
receipt and content of such request by sending an e-mail to
PRRequest@deo.myflorida.com within one (1) business day from receipt of such request.
h. Grantee shall notify DEO verbally within twenty-four (24) chronological hours and in
writing within seventy-two (72) chronological hours if any data in Grantee’s possession
related to this Agreement is subpoenaed or improperly used, copied, or removed (except
in the ordinary course of business) by anyone except an authorized representative of DEO.
Grantee shall cooperate with DEO in taking all steps as DEO deems advisable to prevent
misuse, regain possession, and/or otherwise protect the State’s rights and the data
subject’s privacy.
i. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE’S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-
245-7140, via e-mail at PRRequest@deo.myflorida.com, or by mail at
Department of Economic Opportunity, Public Records Coordinator,
107 East Madison Street, Caldwell Building, Tallahassee, Florida
32399-4128.
11. Funding Requirements of Section 215.971(1), F.S.:
a. Grantee and its subcontractors may only expend funding under this Agreement for
allowable costs resulting from obligations incurred during the Agreement period. To be
eligible for reimbursement, costs must be in compliance with laws, rules and regulations
applicable to expenditures of State funds, including, but not limited to, the Reference
Guide for State Expenditures (http://www.myfloridacfo.com/aadir/reference_guide/).
b. Grantee shall refund to DEO any balance of unobligated funds which has been advanced
or paid to Grantee.
c. Grantee shall refund to DEO all funds paid in excess of the amount to which Grantee or
its subcontractors are entitled under the terms and conditions of the Agreement.
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G. Grantee Payments:
1. Grantee will provide DEO’s Agreement Manager invoices in accordance with the
requirements of the State of Florida Reference Guide for State Expenditures, with detail
sufficient for a proper pre-audit and post-audit thereof. Invoices must also comply with the
following:
a. Invoices must be legible and must clearly reflect the goods/services that were provided
in accordance with the terms of the Agreement for the invoice period. Payment does not
become due under the Agreement until the invoiced deliverable(s) and any required
report(s) are approved and accepted by DEO.
b. Invoices must contain the Grantee’s name, address, federal employer identification
number or other applicable Grantee identification number, the Agreement number, the
invoice number, and the invoice period. DEO or the State may require any additional
information from Grantee that DEO or the State deems necessary to process an invoice.
c. Invoices must be submitted in accordance with the time requirements specified in the
Scope of Work.
2. At DEO’s or the State's option, Grantee may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Grantee supply electronic invoices in lieu of paper-based invoices for those transactions
processed through the system. Electronic invoices shall be submitted to DEO’s Agreement
Manager through the Ariba Supplier Network (ASN) in one of the following mechanisms – EDI
810, cXML, or web-based invoice entry within the ASN.
3. Payment shall be made in accordance with section 215.422, F.S., Rule 69I-24, F.A.C., and
section 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S.,
provides that agencies have five (5) working days to inspect and approve goods and services
unless the Scope of Work specifies otherwise. DEO has twenty (20) days to deliver a request
for payment (voucher) to the Department of Financial Services. The twenty (20) days are
measured from the latter of the date the invoice is received or the goods or services are
received, inspected and approved. The Scope of Work may specify conditions for retainage.
Invoices returned to a Grantee due to preparation errors will result in a delay of payment.
Invoice payment requirements do not start until a properly completed invoice is provided to
DEO. DEO is responsible for all payments under the Agreement.
4. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of
interest payable on judgments and decrees, and pursuant to section 215.422(3)(b), F.S., this
same process applies to the determination of the rate of interest applicable to late payments
to vendors for goods and services purchased by the State and for contracts which do not
specify a rate of interest. The applicable rate of interest is published at:
http://www.myfloridacfo.com/aadir/interest.htm
H. Final Invoice:
Grantee shall submit the final invoice for payment to DEO no later than 60 days after the
Agreement ends or is terminated. If Grantee fails to do so, DEO, in its sole discretion, may refuse
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to honor any requests submitted after this time period and may consider Grantee to have
forfeited any and all rights to payment under this Agreement.
I. Return or Recoupment of Funds:
1. Grantee shall return to DEO any overpayments due to unearned funds or funds disallowed
pursuant to the terms of this Agreement that were disbursed to Grantee by DEO. In the event
that Grantee or its independent auditor discovers that overpayment has been made, Grantee
shall repay said overpayment within forty (40) calendar days without prior notification from
DEO. In the event that DEO first discovers an overpayment has been made, DEO will notify
Grantee by letter. Should repayment not be made in a timely manner, DEO shall be entitled
to charge interest at the lawful rate of interest on the outstanding balance beginning forty
(40) calendar days after the date of notification or discovery. Refunds should be sent to DEO’s
Agreement Manager, and made payable to the “Department of Economic Opportunity.”
2. If authorized and approved, Grantee may be provided an advance as part of this Agreement.
3. Notwithstanding the damages limitations of Section II.F., if Grantee’s non-compliance with
any provision of the Agreement results in additional cost or monetary loss to DEO or the State
of Florida, DEO can recoup that cost or loss from monies owed to Grantee under this
Agreement or any other Agreement between Grantee and any State entity. In the event that
the discovery of this cost or loss arises when no monies are available under this Agreement
or any other Agreement between Grantee and any State entity, Grantee will repay such cost
or loss in full to DEO within thirty (30) days of the date of notice of the amount owed, unless
DEO agrees, in writing, to an alternative timeframe.
J. Vendor Ombudsman:
A Vendor Ombudsman has been established within the Department of Financial Services. The
duties of this individual include acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be
contacted at (850) 413-5516 or by calling the Chief Financial Officer’s Hotline, (800) 342-2762.
K. Audits and Records:
1. Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General
of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability or representatives of the federal government and their duly authorized
representatives shall have access to any of Grantee’s books, documents, papers, and records,
including electronic storage media, as they may relate to this Agreement, for the purposes of
conducting audits or examinations or making excerpts or transcriptions.
2. Grantee shall maintain books, records, and documents in accordance with generally accepted
accounting procedures and practices which sufficiently and properly reflect all expenditures
of funds provided by DEO under this Agreement.
3. Grantee shall comply with all applicable requirements of section 215.97, F.S., and Attachment
2, Audit Requirements; and, if an audit is required thereunder, Grantee shall disclose all
related party transactions to the auditor.
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4. Grantee shall retain all Grantee records, financial records, supporting documents, statistical
records, and any other documents (including electronic storage media) pertinent to this
Agreement in accordance with the record retention requirements of Part V of Attachment 2,
Audit Requirements. Grantee shall cooperate with DEO to facilitate the duplication and
transfer of such records or documents upon request of DEO.
5. Grantee shall include the aforementioned audit and record keeping requirements in all
approved subrecipient subcontracts and assignments.
6. Within sixty (60) days of the close of Grantee’s fiscal year, on an annual basis, Grantee shall
electronically submit a completed Audit Compliance Certification (a version of this
certification is attached hereto as Attachment 3) to audit@deo.myflorida.com. Grantee’s
timely submittal of one completed Audit Compliance Certification for each applicable fiscal
year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums
of understanding, memorandums of agreement, economic incentive award agreements, etc.)
between DEO and Grantee.
7. Grantee shall (i) maintain all funds provided under this Agreement in a separate bank account,
or (ii) Grantee’s accounting system shall have sufficient internal controls to separately track
the funds from this Agreement. There shall be no commingling of funds provided under this
Agreement, with any other funds, projects, or programs. DEO may, in its sole discretion,
disallow costs that result from purchases made with commingled funds.
L. Employment Eligibility Verification:
1. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO
contracts in excess of nominal value to expressly require Grantee to:
a. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the
employment eligibility of all new employees hired by Grantee during the Agreement
term; and,
b. Include in all subcontracts under this Agreement, the requirement that subcontractors
performing work or providing services pursuant to this Agreement utilize the E-Verify
system to verify the employment eligibility of all new employees hired by the
subcontractor during the term of the subcontract.
2. E-Verify is an Internet-based system that allows an employer, using information reported on
an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all
new employees hired to work in the United States after the effective date of the required
Memorandum of Understanding (MOU); the responsibilities and elections of federal
contractors, however, may vary, as stated in Article II.D.1.c. of the MOU. There is no charge
to employers to use E-Verify. The Department of Homeland Security’s E-Verify system can be
found at:
http://www.dhs.gov/files/programs/gc_1185221678150.shtm
3. If Grantee does not have an E-Verify MOU in effect, Grantee must enroll in the E-Verify system
prior to hiring any new employee after the effective date of this Agreement.
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M. Duty of Continuing Disclosure of Legal Proceedings: (NOTE: If Grantee is a state agency or
subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., the
provisions of this section are not applicable)
1. Prior to execution of this Agreement, Grantee must disclose all prior or on-going civil or
criminal litigation, investigations, arbitration or administrative proceedings (Proceedings)
involving Grantee (and each subcontractor) in a written statement to DEO’s Agreement
Manager. Thereafter, Grantee has a continuing duty to promptly disclose all Proceedings
upon occurrence.
2. This duty of disclosure applies to Grantee’s or subcontractor’s officers and directors when any
Proceeding relates to the officer or director’s business or financial activities. Details of
settlements that are prevented from disclosure by the terms of the settlement may be
annotated as such.
3. Grantee shall promptly notify DEO’s Agreement Manager of any Proceeding relating to or
affecting the Grantee’s or subcontractor’s business. If the existence of such Proceeding
causes the State concern that the Grantee’s ability or willingness to perform the Agreement
is jeopardized, Grantee shall be required to provide DEO’s Agreement Manager all reasonable
assurances requested by DEO to demonstrate that:
a. Grantee will be able to perform the Agreement in accordance with its terms and
conditions; and,
b. Grantee and/or its employees, agents, or subcontractor(s) have not and will not engage
in conduct in performing services for DEO which is similar in nature to the conduct alleged
in such Proceeding.
N. Assignments and Subcontracts:
1. Grantee agrees to neither assign the responsibility for this Agreement to another party nor
subcontract for any of the work contemplated under this Agreement, or amend any such
assignment or subcontract, without prior written approval of DEO. Any sublicense,
assignment, or transfer occurring without the prior approval of DEO, shall be null and void.
2. Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling
the obligations of this Agreement. If DEO permits Grantee to subcontract all or part of the
work contemplated under this Agreement, including entering into subcontracts with vendors
for services, it is understood by Grantee that all such subcontract arrangements shall be
evidenced by a written document containing all provisions necessary to ensure
subcontractor’s compliance with applicable state and federal law. Grantee further agrees
that DEO shall not be liable to the subcontractor for any expenses or liabilities incurred under
the subcontract and Grantee shall be solely liable to the subcontractor for all expenses and
liabilities incurred under the subcontract. Grantee, at its expense, will defend DEO against
such claims.
3. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under
the Agreement shall be properly trained technicians who meet or exceed any specified
training qualifications. Upon request, Grantee shall furnish a copy of technical certification
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or other proof of qualification. All Grantee employees, subcontractors, or agents performing
work under the Agreement must comply with all DEO security and administrative
requirements identified herein. DEO may conduct, and Grantee shall cooperate in, a security
background check or otherwise assess any employee, subcontractor, or agent furnished by
Grantee. DEO may refuse access to, or require replacement of, any of Grantee’s employees,
subcontractors, or agents for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-compliance with DEO’s
security or administrative requirements identified herein. Such refusal shall not relieve
Grantee of its obligation to perform all work in compliance with the Agreement. DEO may
reject and bar from any facility for cause any of Grantee’s employees, subcontractors, or
agents.
4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its
rights, duties, or obligations under this Agreement to another governmental agency in the
State of Florida, upon giving prior written notice to Grantee. In the event the State of Florida
approves transfer of Grantee’s obligations, Grantee remains responsible for all work
performed and all expenses incurred in connection with the Agreement. In addition, this
Agreement shall bind the successors, assigns, and legal representatives of Grantee and of any
legal entity that succeeds to the obligations of the State of Florida.
5. Grantee agrees to make payments to the subcontractor within seven (7) working days after
receipt of full or partial payments from DEO in accordance with section 287.0585, F.S., unless
otherwise stated in the Agreement between Grantee and subcontractor. Grantee’s failure to
pay its subcontractors within seven (7) working days will result in a penalty charged against
Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the
amount due per day from the expiration of the period allowed herein for payment. Such
penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent
of the outstanding balance due.
6. Grantee shall provide a monthly Minority and Service-Disabled Veteran Business Enterprise
Report for each invoice period summarizing the participation of certified and non-certified
minority and service-disabled veteran subcontractors/material suppliers for that period, and
project to date. The report shall include the names, addresses and dollar amount of each
certified and non-certified Minority Business Enterprise and Service-Disabled Veteran
Enterprise participant and a copy must be forwarded to DEO’s Agreement Manager. The
Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified
minorities. DEO’s Minority Coordinator at (850) 245-7260 will assist with questions and
answers.
7. DEO shall retain the right to reject any of Grantee’s or subcontractor’s employees whose
qualifications or performance, in DEO’s judgment, are insufficient.
O. [Intentionally Omitted.]
P. Nonexpendable Property:
1. For the requirements of this Section of the Agreement, "nonexpendable property" is the same
as “property” as defined in section 273.02, F.S., (equipment, fixtures, and other tangible
personal property of a non-consumable and nonexpendable nature, with a value or cost of
$1,000 or more, and a normal expected life of one year or more; hardback-covered bound
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books that are circulated to students or the general public, with a value or cost of $25 or
more; and hardback-covered bound books, with a value or cost of $250 or more).
2. All nonexpendable property, purchased under this Agreement, shall be listed on the property
records of Grantee. Grantee shall inventory annually and maintain accounting records for all
nonexpendable property purchased and submit an inventory report to DEO with the final
expenditure report. The records shall include, at a minimum, the following information:
property tag identification number, description of the item(s), physical location, name, make
or manufacturer, year, and/or model, manufacturer’s serial number(s), date of acquisition,
and the current condition of the item.
3. At no time shall Grantee dispose of nonexpendable property purchased under this Agreement
for these services without the written permission of and in accordance with instructions from
DEO.
4. Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with
the date and reason(s) for the loss.
5. Grantee shall be responsible for the correct use of all nonexpendable property furnished
under this Agreement.
6. A formal Agreement amendment is required prior to the purchase of any item of
nonexpendable property not specifically listed in the approved Agreement budget.
7. Title (ownership) to all nonexpendable property acquired with funds from this Agreement
shall be vested in DEO and said property shall be transferred to DEO upon completion or
termination of the Agreement unless otherwise authorized in writing by DEO.
Q. Requirements Applicable to the Purchase of or Improvements to Real Property:
Pursuant to section 287.05805, F.S., if funding provided under this Agreement is used for the
purchase of or improvements to real property, such funds are contingent upon Grantee granting
to DEO a security interest in the property in the amount of the funding provided by this Agreement
for the purchase of or improvements to the real property for five (5) years from the date of
purchase or the completion of the improvements or as further required by law.
R. Procurement:
Grantee shall, at a minimum, follow its internal procurement policies and procedures.
S. Insurance:
During the Agreement, including the initial Agreement term, renewal(s), and extensions, Grantee,
at its sole expense, shall maintain insurance coverage of such types and with such terms and limits
as may be reasonably associated with the Agreement. Providing and maintaining adequate
insurance coverage is a material obligation of Grantee, and failure to maintain such coverage may
void the Agreement. The limits of coverage under each policy maintained by Grantee shall not be
interpreted as limiting Grantee’s liability and obligations under the Agreement. All insurance
policies shall be through insurers licensed and authorized to write policies in Florida.
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Upon execution of this Agreement, Grantee shall provide DEO written verification of the existence
and amount for each type of applicable insurance coverage. Within thirty (30) days of the
effective date of the Agreement, Grantee shall furnish DEO proof of applicable insurance coverage
by standard ACORD form certificates of insurance. In the event that any applicable coverage is
cancelled by the insurer for any reason, Grantee shall immediately notify DEO of such cancellation
and shall obtain adequate replacement coverage conforming to the requirements herein and
provide proof of such replacement coverage within fifteen (15) business days after the
cancellation of coverage. The insurance certificate must name DEO as an additional insured and
identify DEO’s Agreement Number. Copies of new insurance certificates must be provided to
DEO’s Agreement Manager with each insurance renewal.
DEO shall be exempt from, and in no way liable for, any sums of money representing a deductible
in any insurance policy. The payment of such deductible shall be the sole responsibility of Grantee
providing such insurance. The following types of insurance are required.
1. Grantee’s Commercial General Liability Insurance:
Unless Grantee is a state agency or subdivision as defined by section 768.28(2), F.S., Grantee
shall provide adequate commercial general liability insurance coverage and hold such liability
insurance at all times during this Agreement. A self-insurance program established and
operating under the laws of the State of Florida may provide such coverage.
2. Workers’ Compensation and Employer’s Liability Insurance:
Grantee, at all times during the Agreement, at its sole expense, shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably associated with
the Agreement, which, as a minimum, shall be: workers’ compensation and employer’s
liability insurance in accordance with chapter 440, F.S., with minimum employer’s liability
limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such
policy shall cover all employees engaged in any Agreement work.
3. Other Insurance:
During the Agreement term, Grantee shall maintain any other insurance as required in
Attachment 1, Scope of Work.
T. Confidentiality and Safeguarding Information:
1. Each Party may have access to confidential information made available by the other. The
provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state and
federal laws will govern disclosure of any confidential information received by the State of
Florida.
2. Grantee must implement procedures to ensure the appropriate protection and confidentiality
of all data, files, and records involved with this Agreement.
3. Except as necessary to fulfill the terms of this Agreement and with the permission of DEO,
Grantee shall not divulge to third parties any confidential information obtained by Grantee or
its agents, distributors, resellers, subcontractors, officers, or employees in the course of
performing Agreement work, including, but not limited to, security procedures, business
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operations information, or commercial proprietary information in the possession of the State
or DEO.
4. Grantee agrees not to use or disclose any information concerning a recipient of services under
this Agreement for any purpose not in conformity with state and federal law or regulations
except upon written consent of the recipient, or his responsible parent or guardian when
authorized by law, if applicable.
5. If Grantee has access to either DEO’s network or any DEO applications, or both, in order to
fulfill Grantee’s obligations under this Agreement, Grantee agrees to abide by all applicable
DEO Information Technology Security procedures and policies. Grantee (including its
employees, subcontractors, agents, or any other individuals to whom Grantee exposes
confidential information obtained under this Agreement), shall not store, or allow to be
stored, any confidential information on any portable storage media (e.g., laptops, thumb
drives, hard drives, etc.) or peripheral device with the capacity to hold information. Failure
to strictly comply with this provision shall constitute a breach of Agreement.
6. Grantee shall notify DEO in writing of any disclosure of unsecured confidential information of
DEO by Grantee, its employees, agents, or representatives which is not in compliance with
the terms of this Agreement (of which it becomes aware). Grantee also shall report to DEO
any Security Incidents of which it becomes aware, including those incidents reported to
Grantee by its sub-contractors or agents. For purposes of this Agreement, “Security Incident”
means the attempted or successful unauthorized access, use, disclosure, modification, or
destruction of DEO information in Grantee’s possession or electronic interference with DEO
operations; however, random attempts at access shall not be considered a security
incident. Grantee shall make a report to DEO not more than seven (7) business days after
Grantee learns of such use or disclosure. Grantee’s report shall identify, to the extent
known: (i) the nature of the unauthorized use or disclosure, (ii) the confidential information
used or disclosed, (iii) who made the unauthorized use or received the unauthorized
disclosure, (iv) what Grantee has done or shall do to mitigate any deleterious effect of the
unauthorized use or disclosure, and (v) what corrective action Grantee has taken or shall take
to prevent future similar unauthorized use or disclosure. Grantee shall provide such other
information, including a written report, as reasonably requested by DEO’s Information
Security Manager.
7. In the event of a breach of security concerning confidential personal information involved
with this Agreement, Grantee shall comply with section 501.171, F.S., as applicable. When
notification to affected persons is required under this section of the statute, Grantee shall
provide that notification, but only after receipt of DEO’s approval of the contents of the
notice. “Breach of security” or “breach” means the unauthorized access of data in electronic
form containing personal information. Good faith acquisition of personal information by an
employee or agent of the Grantee is not a breach, provided the information is not used for a
purpose unrelated to the Grantee’s obligations under this Agreement or is not subject to
further unauthorized use.
U. Warranty of Ability to Perform:
Grantee warrants that, to the best of its knowledge, there is no pending or threatened action,
proceeding, or investigation, or any other legal or financial condition, that would in any way
prohibit, restrain, or diminish Grantee’s ability to satisfy its Agreement obligations. Grantee
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warrants that neither it nor any affiliate is currently on the convicted vendor list maintained
pursuant to section 287.133, F.S., or on any similar list maintained by any other state or the federal
government. Grantee shall immediately notify DEO in writing if its ability to perform is
compromised in any manner during the term of the Agreement.
V. Patents, Copyrights, and Royalties:
1. Pursuant to section 286.021, F.S., if any discovery or invention arises or is developed in the
course or as a result of work or services performed with funds from this Agreement, Grantee
shall refer the discovery or invention to DEO who will refer it to the Department of State to
determine whether patent protection will be sought in the name of the State of Florida. Any
and all patent rights accruing under or in connection with the performance of the Agreement
are hereby reserved to the State of Florida. The rights to any invention resulting from this
Agreement that is for the performance of experimental, developmental, or research work are
governed by 37 C.F.R. Part 401 and any of its implementing regulations as applicable.
2. Where activities supported by this Agreement produce original writings, sound recordings,
pictorial reproductions, drawings or other graphic representations and works of any similar
nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part, in
any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to do
so. In the event that any books, manuals, films, websites, web elements, electronic
information, or other copyrightable materials are produced Grantee shall notify DEO. Any
and all copyrights accruing under or in connection with the performance funded by this
Agreement are hereby reserved to the State of Florida.
3. In accordance with the provisions of section 1004.23, F.S., a State University is authorized in
its own name to perform all things necessary to secure letters of patent, copyrights, and
trademarks on any works it produces. Any action taken by the university in securing or
exploiting such trademarks, copyrights, or patents shall, within thirty (30) days, be reported
in writing by the president of the university to the Department of State in accordance with
section 1004.23(6), F.S.
W. Independent Contractor Status:
In Grantee’s performance of its duties and responsibilities under this Agreement, it is mutually
understood and agreed that Grantee is at all times acting and performing as an independent
Contractor. DEO shall neither have nor exercise any control or direction over the methods by
which Grantee shall perform its work and functions other than as provided herein. Nothing in this
Agreement is intended to or shall be deemed to constitute a partnership or joint venture between
the Parties.
1. Except where Grantee is a state agency, Grantee, its officers, agents, employees,
subcontractors, or assignees, in performance of this Agreement shall act in the capacity of an
independent Contractor and not as an officer, employee, or agent of the State of Florida. Nor
shall Grantee represent to others that, as Grantee, it has the authority to bind DEO unless
specifically authorized to do so.
2. Except where Grantee is a state agency, neither Grantee, nor its officers, agents, employees,
subcontractors, or assignees are entitled to state retirement or state leave benefits, or to any
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other compensation of state employment as a result of performing the duties and obligations
of this Agreement.
3. Grantee agrees to take such actions as may be necessary to ensure that each subcontractor
will be deemed to be an independent contractor and will not be considered or permitted to
be an agent, servant, joint venturer, or partner of the State of Florida.
4. Unless justified by Grantee, and agreed to by DEO in Attachment 1, Scope of Work, DEO will
not furnish services of support (e.g., office space, office supplies, telephone service,
secretarial, or clerical support) to Grantee or its subcontractor or assignee.
5. DEO shall not be responsible for withholding taxes with respect to Grantee’s compensation
hereunder. Grantee shall have no claim against DEO for vacation pay, sick leave, retirement
benefits, social security, workers’ compensation, health or disability benefits, reemployment
assistance benefits, or employee benefits of any kind. Grantee shall ensure that its
employees, subcontractors, and other agents, receive benefits and necessary insurance
(health, workers’ compensation, reemployment assistance benefits) from an employer other
than the State of Florida.
6. Grantee, at all times during the Agreement, must comply with the reporting and
Reemployment Assistance contribution payment requirements of chapter 443, F.S.
X. Electronic Funds Transfer:
Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State’s Chief Financial
Officer within thirty (30) days of the date the last Party has signed this Agreement. Copies of the
Authorization form and a sample blank enrollment letter can be found on the vendor instruction
page at:
http://www.fldfs.com/aadir/direct_deposit_web/Vendors.htm
Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice
payments will be made by EFT.
II. GRANTEE AND DEO AGREE:
A. Renegotiation or Modification:
The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable
laws or regulations make changes to this Agreement necessary. In addition to changes
necessitated by law, DEO may at any time, with written notice to Grantee, make changes within
the general scope of this Agreement. Such changes may include modification of the
requirements, changes to processing procedures, or other changes as decided by DEO. Any
investigation necessary to determine the impact of the change shall be the responsibility of
Grantee. Modifications of provisions of this Agreement shall only be valid when they have been
reduced to writing and duly signed and dated by all Parties.
B. Time is of the Essence:
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Time is of the essence regarding the performance obligations set forth in this Agreement. Any
additional deadlines for performance for Grantee’s obligation to timely provide deliverables
under this Agreement including but not limited to timely submittal of reports, are contained in
Attachment 1, Scope of Work.
C. Termination:
1. Termination Due to the Lack of Funds:
In the event funds to finance this Agreement become unavailable or if federal or state funds
upon which this Agreement is dependent are withdrawn or redirected, DEO may terminate
this Agreement upon no less than twenty-four (24) hour notice in writing to Grantee. DEO
shall be the final authority as to the availability of funds and will not reallocate funds
earmarked for this Agreement to another program thus causing “lack of funds.” In the event
of termination of this Agreement under this provision, Grantee will be compensated for any
work satisfactorily completed prior to notification of termination.
2. Termination for Cause:
DEO may terminate the Agreement if Grantee fails to: (1) deliver the services within the time
specified in the Agreement or any extension; (2) maintain adequate progress, thus
endangering performance of the Agreement; (3) honor any term of the Agreement; or (4)
abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C.,
governs the procedure and consequences of default. Grantee shall continue to perform any
work not terminated. The rights and remedies of DEO in this clause are in addition to any
other rights and remedies provided by law or under the Agreement. Grantee shall not be
entitled to recover any cancellation charges or lost profits.
3. Termination for Convenience:
DEO, by written notice to Grantee, may terminate this Agreement in whole or in part when
DEO determines in its sole discretion that it is in the State’s interest to do so. Grantee shall
not furnish any product after it receives the notice of termination, except as necessary to
complete the continued portion of the Agreement, if any. Grantee shall not be entitled to
recover any cancellation charges or lost profits.
D. Dispute Resolution:
Unless otherwise stated in Attachment 1, Scope of Work, disputes concerning the performance
of the Agreement shall be decided by DEO, who shall reduce the decision to writing and serve a
copy on Grantee. The decision shall be final and conclusive, unless within twenty-one (21) days
from the date of receipt, Grantee files with DEO a petition for administrative hearing. DEO’s final
order on the petition shall be final, subject to any right of Grantee to judicial review pursuant to
section 120.68, F.S. Exhaustion of administrative remedies is an absolute condition precedent to
Grantee’s ability to pursue any other form of dispute resolution; provided however, that the
Parties may employ the alternative dispute resolution procedures outlined in chapter 120, F.S.
E. Indemnification (NOTE: If Grantee is a state agency or subdivision, as defined in section
768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or
assumes any liability for the other Party for the other Party’s negligence):
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1. Grantee shall be fully liable for the actions of its agents, employees, partners, or
subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and
their officers, agents, and employees, from suits, actions, damages, and costs of every name
and description, including attorneys’ fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in whole or in part by
Grantee, its agents, employees, partners, or subcontractors, provided, however, that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the
negligent act or omission of the State or DEO.
2. Further, Grantee shall fully indemnify, defend, and hold harmless the State and DEO from any
suits, actions, damages, and costs of every name and description, including attorneys’ fees,
arising from or relating to violation or infringement of a trademark, copyright, patent, trade
secret or intellectual property right, provided, however, that the foregoing obligation shall
not apply to DEO’s misuse or modification of Grantee’s products or DEO’s operation or use of
Grantee’s products in a manner not contemplated by the Agreement or the purchase order.
If any product is the subject of an infringement suit, or in Grantee’s opinion is likely to become
the subject of such a suit, Grantee may at its sole expense procure for DEO the right to
continue using the product or to modify it to become non-infringing. If Grantee is not
reasonably able to modify or otherwise secure DEO the right to continue using the product,
Grantee shall remove the product and refund DEO the amounts paid in excess of a reasonable
rental for past use. DEO shall not be liable for any royalties.
3. Grantee’s obligations under the preceding two paragraphs with respect to any legal action
are contingent upon the State or DEO giving Grantee (1) written notice of any action or
threatened action, (2) the opportunity to take over and settle or defend any such action at
Grantee’s sole expense, and (3) assistance in defending the action at Grantee’s sole expense.
Grantee shall not be liable for any cost, expense, or compromise incurred or made by the
State or DEO in any legal action without Grantee’s prior written consent, which shall not be
unreasonably withheld.
F. Limitation of Liability:
For all claims against Grantee under this Agreement, and regardless of the basis on which the
claim is made, Grantee’s liability under this Agreement for direct damages shall be limited to the
greater of $100,000 or the dollar amount of this Agreement. This limitation shall not apply to
claims arising under the Indemnity paragraphs contained in this Agreement.
Unless otherwise specifically enumerated in the Agreement, no Party shall be liable to another
for special, indirect, punitive, or consequential damages, including lost data or records (unless the
Agreement or purchase order requires Grantee to back-up data or records), even if the Party has
been advised that such damages are possible. No Party shall be liable for lost profits, lost revenue,
or lost institutional operating savings. The State and DEO may, in addition to other remedies
available to them at law or equity and upon notice to Grantee, retain such monies from amounts
due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like
asserted by or against them. The State may set off any liability or other obligation of Grantee or
its affiliates to the State against any payments due Grantee under any Agreement with the State.
G. Force Majeure and Notice of Delay from Force Majeure:
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Neither Party shall be liable to the other for any delay or failure to perform under this Agreement
if such delay or failure is neither the fault nor the negligence of the Party or its employees or
agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires,
floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that
affects subcontractors or suppliers if no alternate source of supply is available. However, in the
event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate
any and all resulting delay or disruption in the Party’s performance obligation under this
Agreement. If the delay is excusable under this paragraph, the delay will not result in any
additional charge or cost under the Agreement to either Party. In the case of any delay Grantee
believes is excusable under this paragraph, Grantee shall notify DEO in writing of the delay or
potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after
the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that
a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had
reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE
FOREGOING SHALL CONSTITUTE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such
remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph
and will notify Grantee of its decision in writing. No claim for damages, other than for an
extension of time, shall be asserted against DEO. Grantee shall not be entitled to an increase in
the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact,
or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency arising because of delay, disruption, interference, or hindrance from any cause
whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes
described in this paragraph, after the causes have ceased to exist, Grantee shall perform at no
increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair
the value of the Agreement to DEO or the State, in which case, DEO may do any or all of the
following: (1) accept allocated performance or deliveries from Grantee, provided that Grantee
grants preferential treatment to DEO with respect to products or services subjected to allocation;
(2) purchase from other sources (without recourse to and by Grantee for the related costs and
expenses) to replace all or part of the products or services that are the subject of the delay, which
purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in
whole or in part.
H. Severability:
If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a
court of competent jurisdiction, that provision shall be enforced only to the extent that it is not
in violation of law or is not otherwise unenforceable, and all other provisions remain in full force
and effect.
I. Authority of Grantee’s Signatory:
Upon execution, Grantee shall return the executed copies of this Agreement in accordance with
the instructions provided by DEO along with documentation ensuring that the below signatory
has authority to bind Grantee to this Agreement as of the date of execution. Documentation may
be in the form of a legal opinion from the Grantee’s attorney, or other reliable documentation
demonstrating such authority, and is hereby incorporated by reference. DEO may, at its
discretion, request additional documentation related to the below signatory’s authority to bind
Grantee to this Agreement.
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J. Execution in Counterparts:
This Agreement may be executed in counterparts, each of which shall be an original and all of
which shall constitute but one and the same instrument.
K. Contact Information for Grantee and DEO Contacts:
DEO’s Agreement Manager:
Stella Lewis
Department of Economic Opportunity
107 East Madison Street, MSC 160
Tallahassee, FL 32399-4120
Telephone: (850) 717-8487
Facsimile: (850) 717-8522
Email: stella.lewis@deo.myflorida.com
Grantee’s Agreement Manager:
In the event that any of the information provided above changes, including the designation of a
new Agreement Manager, after the execution of this Agreement, the Party making such change
will notify all other Parties in writing of such change. Such changes shall not require a formal
amendment to the Agreement.
L. Notices:
The contact information provided in accordance with Section II.K. above shall be used by the
Parties for all communications under this Agreement. Where the term “written notice” is used to
specify a notice requirement herein, said notice shall be deemed to have been given (i) when
personally delivered, (ii) when transmitted via facsimile with confirmation of receipt or email with
confirmation of receipt or (iii) the third business day following the day on which the same is sent
by certified or registered mail, postage prepaid, with return receipt.
M. Attachments and Exhibits: Attached to and made part of this Agreement are the following
Attachments and/or Exhibits, each of which is incorporated into, and is an integral part of, this
Agreement:
Attachment 1: Scope of Work
Attachment 1-A: Invoice
Attachment 1-B: Grant Agreement Final Closeout Form
Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements
Attachment 3: Audit Compliance Certification
Nakeischea Loi Smith
Director of Planning & Zoning
18605 North West 27th Avenue
Miami Gardens, FL 33056
Telephone: (306) 622-8000 Ext. 2670
Email: nsmith@miamigardens-fl.gov
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N. Execution:
I have read the above Agreement and the attachments and exhibits thereto and understand
each section and paragraph.
IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the
attachments hereto, the Parties have caused to be executed this Agreement by their undersigned officials
duly authorized.
DEPARTMENT OF ECONOMIC OPPORTUNITY CITY OF MIAMI GARDENS
By By
Signature Signature
Taylor Teepell Cameron Benson
Title Director of Community Development Title City Manager
Date
Date
Approved as to form and legal sufficiency, subject
only to full and proper execution by the Parties.
OFFICE OF GENERAL COUNSEL
DEPARTMENT OF ECONOMIC OPPORTUNITY
By: _________________________________
Approved Date: _______________________
- Remainder of Page Intentionally Left Blank -
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Attachment 1
SCOPE OF WORK
1. GRANT AUTHORITY. This Community Planning Technical Assistance grant is provided pursuant to
section 163.3168, F.S., and Specific Appropriation 2220, Chapter 2016-66, Laws of Florida, to provide
direct and/or indirect technical assistance to help Florida communities find creative solutions to
fostering vibrant, healthy communities, while protecting the functions of important State resources
and facilities.
2. PROJECT DESCRIPTION: Grantee shall prepare an urban design and zoning standards to facilitate
business and economic development within the City of Miami Garden’s Entertainment District
(District).
3. GRANTEE RESPONSIBILITIES: To perform the tasks and timely provide DEO with the deliverables
identified in this paragraph and the table in paragraph 5 below pursuant to the terms of this
Agreement.
A. Deliverable 1: Grantee shall prepare an Entertainment District Physical Characteristics Analysis.
The analysis shall consist of the following components:
1. A map or map series of the district (project area) depicting Entertainment District boundaries,
parcels, and rights-of-way.
2. An analysis of existing development within the District through field survey, photograph
analysis, and review of public records. The analysis of the District context shall include
examination of the following development characteristics within the District:
a. typical lot size;
b. typical building orientation;
c. typical building setbacks and relationship to the street;
d. typical driveway access connections (number of connections, width of connections, and
location of connections);
e. the location of off-street parking, including, for residential properties, absence/presence
of garages and the location of the garages in relation to the principle structure;
f. typical building height per corridor (along each street in the District);
g. typical and secondary preference roof type;
h. typical roof pitch and eave details;
i. typical façade composition by use type, including window and door placement;
j. typical and secondary preference façade materials;
k. typical and secondary preference building materials;
l. presence/absence of accessory structures and the location of these structures in relation
to principle structures;
m. presence/absence of porches for residential properties;
n. presence/absence of sidewalks along street frontages and typical width of sidewalks
where present;
o. typical street section, including lane widths and dimension of other features included in
the street;
p. for structures used for commercial, office, and multifamily residential use, the location
and treatment of accessory/ancillary infrastructure, including, solid waste containers,
stormwater management facilities, and utility connections; and,
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q. location of landscaping within or adjacent to public rights-of-way.
Grantee shall provide the analysis within a report using narrative text, maps, and section
views, and that may also include, plan view renderings, figure grounds, additional graphics,
tables, and charts.
B. Deliverable 2: Grantee shall prepare an analysis of regulatory provisions affecting the physical
form of development within the Entertainment District. Grantee shall provide an analysis of
existing land development regulations, including zoning, as they apply to the District as follows:
1. The analysis shall include an examination of all of the zoning district regulations currently in
effect, as well as those that could applied, within the Entertainment District.
2. The analysis shall include an assessment of the effect of existing land development regulations
on physical development within the District, noting how the existing regulations may have led
to or could lead to undesirable outcomes development within the District.
Grantee shall provide the analysis within a report that includes a list of the various land
development regulations presently in effect that apply or could be applied to the District, a map
of the zoning districts presently in effect within the District along with a list of the uses/activities
allowed for each zoning district and the applicable development standards for each zoning
district. The report shall provide the information required in B.2., above using narrative text and
may also include maps, illustrations, tables, and charts.
C. Deliverable 3: Grantee shall conduct a Stakeholder Charrette. Grantee shall prepare and
implement a public participation plan as follows:
1. Grantee shall identify and list stakeholders and stakeholder groups.
2. Grantee shall conduct a two-part stakeholder charrette to identify community preferences
for design guidelines.
3. Grantee shall prepare a summary of findings and draft minutes from the community
workshops. Grantee shall provide a report documenting the results of the charrette using
narrative text, maps, and illustrative graphical information including corridor section views
and plan view renderings, and may also include figure grounds, tables, and charts.
D. Deliverable 4: Grantee shall provide recommended Urban Design Standards for the
Entertainment District. The recommendations shall address the following development
characteristics within the District:
1. lot size;
2. building orientation;
3. building setbacks and relationship to the street;
4. driveway access connections (number of connections, width of connections, and location of
connections);
5. the location of off-street parking, including, for residential properties, garages, including their
location in relation to the principle structure;
6. building height per corridor (with recommendations provided for each street corridor in the
District);
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7. roof type;
8. roof pitch and eave details;
9. façade composition by use type, including window and door placement;
10. façade materials;
11. building materials;
12. the treatment of accessory structures and the location of these structures in relation to
principle structures;
13. porches for residential properties;
14. sidewalks along street frontages, including recommended widths;
15. street sections, including lane widths and the dimension of other features included in the
street;
16. for structures used for commercial, office, and multifamily residential use, the location and
treatment of accessory/ancillary infrastructure, including, solid waste containers, stormwater
management facilities, and utility connections; and,
17. landscaping within or adjacent to public rights-of-way.
Grantee shall provide the analysis within a report using narrative text, maps, and section views,
and that may also include, plan view renderings, figure grounds, additional graphics, tables, and
charts.
E. Deliverable 5: Grantee shall provide recommended Revised Zoning Regulations for the
Entertainment District. The recommendations shall address the uses/activities allowed for each
zoning district and appropriate physical form and development standards for each zoning district.
The recommendations shall be provided in a report with the information provided using narrative
text, and may also include maps, illustrations, tables, and charts.
F. Deliverable 6: Grantee shall present the recommended Urban Design Standards and Revised
Zoning Regulations for the Entertainment District to the City Council.
1. Grantee shall present the recommendations produced through Deliverables 4 and 5 to the
City Council at a public meeting for purposes of obtaining their feedback and endorsement.
2. Grantee shall make revisions to the recommendations, as requested by the City Council.
3. Grantee shall prepare a copy of the recommendations, as endorsed by the City Council and
incorporating revisions, if any, within a single report document.
The report document shall present information using narrative text, maps, corridor section views,
and where appropriate, plan view renderings, figure grounds, tables, and charts.
4. DEO RESPONSIBILITIES: To receive and review deliverables and, upon approval of deliverables,
process payment pursuant to the terms of this Agreement.
5. DELIVERABLES: The specific deliverables, tasks, minimum level of service, due dates, and payment
amounts are set forth in the following table:
Deliverables and Tasks Minimum Level of Service Payment
Amount Not
to Exceed
Financial
Consequences
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Deliverable 1: District Physical
Characteristics Analysis
Grantee shall prepare and
transmit a District Analysis as
provided in paragraph 3.A.
above.
Deliverable due date:
February 28, 2017
Completion of Deliverable 1 as
evidenced by all submission of all
of the following:
1. Map or map series as
provided in Deliverable 1,
part one above.
2. An existing development
analysis as provided in
Deliverable 1, part two
above.
Grantee shall submit copies of all
required documentation on
paper or electronically in MS
Word or PDF format, and all
maps on a compact disc in PDF
format with ArcGIS compatible
shapefiles.
$5,000 As provided in
paragraph 14
below.
Deliverable 2: Regulatory
Analysis
Grantee shall provide and
transmit an analysis of
regulatory provisions affecting
the physical form of
development as provided in
paragraph 3.B. above.
Deliverable due date:
February 28, 2017
Completion of Deliverable 2 as
evidenced by submission of all of
the following:
1. An analysis examining zoning
district regulations and an
assessment of how these
regulations affect physical
development as provided in
Deliverable 2 above.
Grantee shall submit copies of all
required documentation on
paper or electronically in MS
Word or PDF format, and all
maps on a compact disc in PDF
format with ArcGIS compatible
shapefiles.
$5,000 As provided in
paragraph 14
below.
Deliverable 3: Stakeholder
Charrette
Grantee shall conduct a
stakeholder charrette and
prepare and transmit
documentation as provided in
paragraph 3.C. above.
Deliverable due date:
Completion of Deliverable 3 as
evidenced by submission of all of
the following:
1. Summary of findings and
draft minutes from the
community workshops as
provided in Deliverable 3
above.
$4,000 As provided in
paragraph 14
below.
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May 30, 2017
Grantee shall submit copies of all
required documentation on
paper or electronically in MS
Word or PDF format, and all
maps on a compact disc in PDF
format with ArcGIS compatible
shapefiles.
Deliverable 4: Urban Design
Standards
Grantee shall prepare and
transmit recommended Urban
Design Standards as provided
in paragraph 3.D. above.
Deliverable due date:
May 30, 2017
Completion of Deliverable 4 as
evidenced by submission of all of
the following:
1. A report containing the
recommended Urban Design
Standards as provided in
Deliverable 4 above.
Grantee shall submit copies of all
required documentation on
paper or electronically in MS
Word or PDF format, and all
maps on a compact disc in PDF
format with ArcGIS compatible
shapefiles.
$5,000 As provided in
paragraph 14
below.
Deliverable 5: Revised Zoning
Regulations
Grantee shall prepare and
transmit a report with revised
zoning regulations as provided
in paragraph 3.E. above.
Deliverable due date:
May 30, 2017
Completion of Deliverable 5 as
evidenced by submission of all of
the following:
1. A report containing revised
zoning regulations as provided in
Deliverable 5 above.
Grantee shall submit copies of all
required documentation on
paper or electronically in MS
Word or PDF format, and all
maps on a compact disc in PDF
format with ArcGIS compatible
shapefiles.
$5,000 As provided in
paragraph 14
below.
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Deliverable 6: City Council
Presentation and Final Report
Grantee shall present the
recommended urban design
standards and revised zoning
regulations to the City Council
and transmit revised urban
design and zoning standards as
provided in paragraph 3.F
above.
Deliverable due date:
May 30, 2017
Completion of Deliverable 6 as
evidenced by submission of all of
the following:
1. A single report combining the
recommended urban design
standards and zoning
regulations and City Council
requested revisions as provided
in Deliverable 6 above.
Grantee shall submit copies of all
required documentation on
paper or electronically in MS
Word or PDF format, and all
maps on a compact disc in PDF
format with ArcGIS compatible
shapefiles.
$1,000 As provided in
paragraph 14
below.
Total Payment Amount Not to Exceed: $25,000
6. COST SHIFTING: The deliverable amounts specified within the Deliverables section above are
established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes
under the Agreement in order to designate payment points during the Agreement Period; however,
this is not intended to restrict DEO’s ability to approve and reimburse allowable costs, incurred by
Grantee in providing the deliverables herein. Prior written approval from DEO’s Agreement Manager
is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each
deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total
funding amount will require a formal written amendment, as described in Section II.A., of the
Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this
Agreement.
7. INVOICE SUBMITTAL AND PAYMENT SCHEDULE:
DEO agrees to disburse funds under this Agreement in accordance with the following schedule in the
amount(s) identified per deliverable in paragraph 5 above. The deliverable amount specified does not
establish the value of the deliverable. In accordance with Section I.F.11, Funding Requirements of
section 215.971, F.S., of this Agreement, Grantee’s entitlement to retain funds paid by DEO is
dependent upon the amount of allowable costs incurred and expended by Grantee in carrying out the
Project.
Subject to the terms and conditions of this Agreement, invoices for each deliverable shall be
submitted to DEO’s Agreement Manager by U. S. Mail or by electronic mail either (a) with a
deliverable, or (b) no later than seven (7) calendar days after written notice to Grantee that DEO has
accepted the deliverable. Invoices are not required to be submitted through the Ariba Supplier
Network described in Section I.G.2. of this Agreement. Invoices shall be submitted in the format
shown on Attachment 1-A hereto, an electronic copy of which shall be provided by DEO to the
Grantee.
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Grantee shall provide one (1) invoice for each deliverable submitted during the applicable period of
time. The invoice shall include, at a minimum, Grantee name and address, federal employer
identification number, the Agreement number, invoice number, date of invoice, dates of services,
deliverable number, description of task and amount being requested (See Attachment 1-A).
The following documents shall be submitted with the itemized invoice:
A. For Tasks Performed by a Subcontractor:
1. A cover letter signed by the Grantee’s Agreement Manager certifying that the payments
claimed for the deliverables were specifically for the project, as described in this Scope of
Work;
2. Copies of invoices submitted to Grantee by the Subcontractor; and,
3. Proof of payment of invoices from the Subcontractor to Grantee for tasks performed pursuant
to this Agreement (e.g., cancelled checks, bank statement showing deduction).
B. For Tasks Performed by Grantee’s Employees:
1. A cover letter signed by the Grantee’s Agreement Manager certifying that the payments
claimed for the deliverables were specifically for the project, as described in this Scope of
Work.
2. Identification of Grantee’s employees who performed tasks under this Agreement and, for
each such employee:
a. The percentage of the employee’s time devoted to tasks under this Agreement or the
number of total hours each employee devoted to tasks under this Agreement.
b. Payroll register or similar documentation that shows the employee’s gross salary, fringe
benefits, other deductions, and net pay.
c. If the employee is paid hourly, a document reflecting the hours worked times the rate of
pay is acceptable.
3. Invoices or receipts for other direct costs.
4. Usage log for in-house charges (e.g., postage, copies, etc.) that shows the number of units
times the rate charged. The rate must be reasonable.
8. SUBCONTRACTS. In accordance with Section I.N.1., and subject to the terms and conditions in
Sections I.N.2. through 7 of this Agreement, this paragraph constitutes DEO’s written approval for
Grantee to subcontract for any of the deliverables and/or tasks identified in the Scope of Work for
this Agreement. A copy of the executed subcontract shall be provided to DEO’s Agreement Manager
upon execution by the Parties. Grantee shall be solely liable for all work performed and all expenses
incurred as a result of any such subcontract.
9. BUSINESS DAY; COMPUTATION OF TIME. For the purpose of this Agreement, a “business day” is any
day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period
provided in this Agreement, the date from which the time period runs is not counted. The last day of
the time period ends at 5:00 p.m. on that day.
10. PRELIMINARY DRAFT DELIVERABLES; DEO REVIEW AND COMMENT. Unless otherwise required
under paragraphs 3 or 5 above, Grantee is encouraged, but not required, to submit preliminary drafts
of all substantive written deliverables (e.g., proposed plan amendments, reports) to DEO for review
and comment no later than ten (10) calendar days before the deliverable due date. If DEO provides
comments, Grantee is urged to address them in the deliverable submitted to DEO for payment. If
submission of a preliminary draft deliverable is required under paragraphs 3 or 5 above, DEO shall
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provide comments to the Grantee no later than four calendar days before the deliverable due date.
Grantee shall address DEO’s comments in the deliverable submitted to DEO for payment.
11. LIMITED COMPLIANCE REVIEW; DUPLICATION OF WRITTEN MATERIAL. Proposed comprehensive
plan amendments that are deliverables under the Scope of Work must be “in compliance” as defined
in section 163.3184(1)(b), F.S., and will be evaluated for compliance as part of DEO’s review and
determination of whether the deliverable is sufficient to satisfy the requirements in the Scope of
Work. DEO’s compliance determination will be a limited determination without input from the
reviewing agencies identified in section 163.3184(1)(c), F.S. A limited compliance determination for
the purpose of this Agreement is not binding on DEO in a subsequent review under section 163.3184,
F.S. Further, a limited compliance determination under this Agreement does not preclude review and
comment by review agencies and does not preclude a challenge to the adopted plan amendment by
DEO based on comments by DEO or other review agencies. Documents submitted to DEO for payment
under this Agreement may not copy or duplicate reports or other written material previously
prepared or prepared by another author. At the option of the Grantee, copies of relevant documents
may be appended to documents submitted to DEO for payment.
12. EXTENSIONS OF TIME OF DELIVERABLE DUE DATES. Notwithstanding section II.A of this Agreement,
DEO’s Agreement Manager, in DEO’s sole discretion, may authorize extensions of deliverable due
dates without a written modification of this Agreement. Extensions shall be in accordance with the
following:
A. Requests for extension of one or more deliverable due dates shall be submitted in writing (which
may be by electronic mail) to DEO’s Agreement Manager no later than four (4) business days
before the due date (or the earliest of multiple due dates for which the extension is requested);
B. A request for extension must state the reason for the extension; and
C. DEO’s Agreement Manager shall approve or deny a request for extension of a deliverable due
date by electronic mail to Grantee’s Agreement Manager within two (2) business days after
receipt of the request. Only written approvals of extensions shall be effective.
This authority does not apply to an extension of the Agreement Period defined in Section I.C. of this
Agreement.
13. REVIEW AND ACCEPTANCE OF DELIVERABLES. Deliverables shall be reviewed by DEO for sufficiency
under this Agreement. Written notice of DEO’s determination that the deliverable is sufficient or is
not sufficient under this Agreement shall be provided to Grantee’s Agreement Manager by U. S. Mail
or electronic mail no later than fifteen (15) business days after receipt of the deliverable. For
deliverables that DEO determines are insufficient, see paragraph 14.b. below.
14. FINANCIAL CONSEQUENCES. Pursuant to Section 1.E.8. of this Agreement, the following financial
consequences shall be imposed for Grantee’s failure to perform in accordance with this Agreement:
A. Late Deliverables: If a deliverable as described in the above Scope of Work is provided to DEO
more than five (5) business days late, a financial consequence of $50 per business day, up to a
maximum of $500, shall be assessed until the deliverable is received by DEO. The financial
consequence for a late deliverable is independent of, and does not preclude imposition of, a
financial consequence if the deliverable is not sufficient to satisfy the requirements in the Scope
of Work.
B. Insufficient Deliverable; Notice; Opportunity to Cure:
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1. If DEO reasonably determines that a deliverable described in this Scope of Work is not
sufficient to satisfy the requirements in the Scope of Work, DEO shall provide notice of
insufficiency and an opportunity to cure to Grantee’s Agreement Manager in accordance with
Section II.L. of this Agreement. Grantee shall have ten (10) business days from receipt of DEO’s
notice to provide a corrected deliverable that addresses the issues raised in the notice of
insufficiency. DEO may extend this timeframe in writing one time for a period not to exceed
ten (10) business days if Grantee is actively working with DEO to resolve the insufficiency;
provided, however, that any extension of time under this paragraph will not extend the
Agreement Period in section I.C. of this Agreement. An extension of time under this
paragraph does not require an amendment to this Agreement. If Grantee does not submit to
DEO a corrected deliverable within the period available to cure the deficiency, a financial
consequence of $50 per business day, up to a maximum of $500, shall be assessed for each
business day until the corrected deliverable is received by DEO.
2. If DEO reasonably determines that a corrected deliverable is not sufficient to satisfy the
requirements in this Scope of Work, it shall provide notice to Grantee’s Agreement Manager.
Grantee shall not receive a second opportunity to cure. Beginning on the date of DEO’s notice
to Grantee that the corrected deliverable is not sufficient to satisfy the requirements in the
Scope of Work, a financial consequence of $50 per business day, up to a maximum of $500,
shall be assessed for each business day until a sufficient deliverable is received by DEO. Each
deliverable must be deemed sufficient under the Scope of Work in DEO’s reasonable
judgment before the end of the Agreement Period in order for payment of an invoice for the
deliverable to be made.
C. Imposition of the above described financial consequences shall in no manner affect DEO’s right
to terminate the Agreement as provided elsewhere in the Agreement.
D. Failure to complete a deliverable will result in nonpayment for that deliverable.
15. NO PARTIAL OR PRO-RATED PAYMENTS. No partial or pro-rated payments will be made without
prior written modification in accordance with Section II.A. of this Agreement.
16. ADVERTISING AND INFORMATION RELEASE. Notwithstanding Sections I.F.6. and I.F.10. of this
Agreement, Grantee is authorized to disclose to the public on its website or by other means that it
has been awarded a technical assistance grant from DEO for the work described in this Scope of Work.
17. NOTIFICATION OF INSTANCES OF FRAUD. Instances of Grantee operational fraud or criminal
activities shall be reported to DEO’s Agreement Manager in writing within twenty-four (24)
chronological hours.
18. NON-DISCRIMINATION. Grantee shall not discriminate unlawfully against any individual employed in
the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated
to such person’s ability to engage in this work, national origin, ancestry, or age. Grantee shall provide
a harassment-free workplace, with any allegation of harassment to be given priority attention and
action.
19. GRANTEE’S RESPONSIBILITIES UPON TERMINATION. If DEO issues a Notice of Termination to
Grantee, except as otherwise specified by DEO in that notice, the Grantee shall:
a. Stop work under this Agreement on the date and to the extent specified in the notice,
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b. Complete performance of such part of the work as shall not have been terminated by DEO,
c. Take such action as may be necessary, or as DEO may specify, to protect and preserve any
property which is in the possession of Grantee and in which DEO has or may acquire an interest,
and
d. Upon the effective date of termination of this Agreement, Grantee shall transfer, assign, and make
available to the DEO all property and materials belonging to DEO. No extra compensation will be
paid to Grantee for its services in connection with such transfer or assignment.
20. CONFLICTS BETWEEN SCOPE OF WORK AND REMAINDER OF AGREEMENT. In the event of a conflict
between the provisions of this Scope of Work and other provisions of this Agreement, the provisions
of this Scope of Work shall govern.
- Remainder of Page Intentionally Left Blank –
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Attachment 1-A
INVOICE
INVOICE NO.: Click here to enter text.
INVOICE DATE: Click here to enter text.
REMIT TO:
GRANTEE NAME
ADDRESS
CITY, STATE, ZIP
PHONE
FEID NO. GRANT NO. SERVICE PERIOD
FROM TO
DELIVERABLE
NO. DESCRIPTION AMOUNT
COMPLETED - Deliverable Title: $_______
Category Expenditures:
Contractual Services
TOTAL
$_______
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Attachment 1-B
FLAIR Contract ID:
Recipient Name:Contract Amount $0.00
Vendor ID:Deobligated Funds $0.00
Contract End Date:Final Contract Amount $0.00
Section A: Financial Reconciliation
$0.00
$0.00
3. Balance of Unexpended Program Income (from Section B)$0.00
4. If negative, this amount must be refunded to the Department. If positive, this amount is to be remitted to the Recipient.$0.00
Cost Date
Name:Signature:
Title:Date Signed:
Name:Signature:
Title:Date Signed:
Date Updated: September 29, 2015
Section E: DEO Internal Review and Approval
-
-
Description and Serial Number Quantity
$0.00
-
- -
Total Program Income $0.00 $0.00
By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income and Property Inventory are true and
accurate.
By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income, and Property Inventory are true and
accurate.
Section C: Property Inventory Certification
Section D: Recipient Certification
Section B: Statement of Recipient Income
No tangible property was purchased in the contract period.
All non-expendable and non-consumable tangible property having a useful life of more than one year and acquired
at a cost of $1,000 or more per unit with grant funds are listed below. I do hereby certify that the property inventory
described below is complete and correct. Notification will be sent immediately to the Department of Economic
Opportunity if any changes occur to this inventory. I will not destroy, sell, or otherwise dispose of this property
without written permission of the Department.
Condition
Description of Property Inventory
Acquisitions Location
Grant Agreement Final Closeout Form
Source Amount
Description of Recipient Income
Balance
There was no recipient income earned under this contract.
The following recipient income was earned under this contract.
1. Total Recipient Funds Received from DEO
2. Total Recipient Expenditures
Expended
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Attachment 2
AUDIT REQUIREMENTS
The administration of resources awarded by DEO to the recipient may be subject to audits and/or
monitoring by DEO as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97,
F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site
visits by DEO staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other
procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional
instructions provided by DEO staff to the recipient regarding such audit. The recipient further agrees to
comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the
Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined
in OMB Circular A-133, as revised.
1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December
31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or program-
specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised.
EXHIBIT 1 to this agreement indicates Federal resources awarded through DEO by this agreement.
In determining the Federal awards expended in its fiscal year, the recipient shall consider all
sources of Federal awards, including Federal resources received from DEO. The determination of
amounts of Federal awards expended should be in accordance with the guidelines established by
OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of
this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall
fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-133, as revised.
3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31,
2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of
OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than
$300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal
year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-
133, as revised, 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 recipient resources obtained from other than Federal
entities).
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4. Title 2 C.F.R. part 200, entitled Uniform Administrative Requirements, Cost Principles and Audit
Requirements for Federal Awards, also known as the Super Circular, supersedes and consolidates
the requirements of OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is
effective for Federal awards or increments of awards issued on or after December 26, 2014.
Please refer to title 2 C.F.R. part 200 for revised definitions, reporting requirements and auditing
thresholds referenced in this Attachment and Agreement accordingly.
PART II: STATE FUNDED
This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in
excess of $500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004
or thereafter), the recipient must have a State single or project-specific audit for such fiscal year
in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of
Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state
financial assistance awarded through DEO by this agreement. In determining the state financial
assistance expended in its fiscal year, the recipient shall consider all sources of state financial
assistance, including state financial assistance received from DEO, other state agencies, and other
non-state entities. State financial assistance does not include Federal direct or pass-through
awards and resources received by a nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall
ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This
includes submission of a financial reporting package as defined by Section 215.97(2), Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General.
3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal
years ending September 30, 2004 or thereafter), an audit conducted in accordance with the
provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient
expends less than $500,000 in state financial assistance in its fiscal year and elects to have an
audit conducted in accordance with the provisions of Section 215.97, Florida Statues, the cost of
the audit must be paid from the nonstate entity’s resources (i.e., the cost of such an audit must
be paid from the recipient’s resources obtained from other than State entities).
4. Additional information regarding the Florida Single Audit Act can be found at:
http://www.myflorida.com/audgen/pages/flsaa.htm
PART III: OTHER AUDIT REQUIREMENTS
N/A
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as
revised, and required by Part I of this agreement shall be submitted, when required by Section
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.320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the
following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number
of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f),
OMB Circular A-133, as revised.
2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of
the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letter issued by the auditor, to DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
3. Copies of financial reporting packages required by PART II of this agreement shall be submitted
by or on behalf of the recipient directly to each of the following:
A. DEO at each of the following addresses:
Electronic copies (preferred): Audit@deo.myflorida.com
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or
Paper (hard copy):
Department Economic Opportunity
MSC # 130, Caldwell Building
107 East Madison Street
Tallahassee, FL 32399-4126
B. The Auditor General’s Office at the following address:
Auditor General
Local Government Audits/342
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, FL 32399-1450
Email Address: flaudgen_localgovt@aud.state.fl.us
4. Copies of reports or the management letter required by Part III of this agreement shall be
submitted by or on behalf of the recipient directly to:
A. DEO at each of the following addresses:
N/A
5. Any reports, management letter, or other information required to be submitted to DEO pursuant
to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit
organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit
and for-profit organizations), Rules of the Auditor General, should indicate the date that the
reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this
agreement for a period of five (5) years from the date the audit report is issued, or five (5) state
fiscal years after all reporting requirements are satisfied and final payments have been received,
whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access
to such records upon request. The recipient shall ensure that audit working papers are made
available to DEO, or its designee, CFO, or Auditor General upon request for a period of five (5)
years from the date the audit report is issued, unless extended in writing by DEO. In addition, if
any litigation, claim, negotiation, audit, or other action involving the records has been started
prior to the expiration of the controlling period as identified above, the records shall be retained
until completion of the action and resolution of all issues which arise from it, or until the end of
the controlling period as identified above, whichever is longer.
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EXHIBIT 1 to Attachment 2
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
N/A
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
N/A
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING:
MATCHING RESOURCES FOR FEDERAL PROGRAMS:
N/A
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
State Project: DEPARTMENT OF ECONOMIC OPPORTUNITY – CSFA 40.024 – GROWTH MANAGEMENT
IMPLEMENTATION - $25,000
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
1. Activities are limited to those specified in Attachment 1, Scope of Work, of the Agreement.
NOTE: Title 2 C.F.R. § 200.331, as revised, and Section 215.97(5), Florida Statutes, require that the
information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
- Remainder of Page Intentionally Left Blank -
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ATTACHMENT 3
Audit Compliance Certification
Grantee Name: ______________________________________________________________________
FEIN: ____________________ Grantee’s Fiscal Year: ________________________________
Contact Person Name and Phone Number: __________________________________________________
Contact Person Email Address: ____________________________________________________________
1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any agreement
(e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic
incentive award agreement, etc.) between Grantee and the Department of Economic Opportunity (DEO)?
____Yes _____ No
If the above answer is yes, also answer the following before proceeding to item 2:
Did Grantee expend $500,000 or more of state financial assistance (from DEO and all other sources of
state financial assistance combined) during its fiscal year? _____ Yes ______ No
If yes, Grantee certifies that it will timely comply with all applicable state single or project-specific audit
requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of
Financial Services and the Auditor General.
2. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g.,
agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive
award agreement, etc.) between Grantee and DEO? ____Yes _____ No
If the above answer is yes, also answer the following before proceeding to execution of this certification:
Did Grantee expend $750,000 or more in federal awards (from DEO and all other sources of federal awards
combined) during its fiscal year? _____ Yes ______ No
If yes, Grantee certifies that it will timely comply with all applicable single or program-specific audit
requirements of 2 C.F.R. part 200, subpart F, as revised.
_____________________________________________________________________________________
By signing below, I certify, on behalf of Grantee, that the above representations for items 1 and 2 are
true and correct.
__________________________________________ ______________________________
Signature of Authorized Representative Date
____________________________________________ _______________________________
Printed Name of Authorized Representative Title of Authorized Representative
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18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
X Public Hearing: (Enter X in box) Yes No Yes No
X
Funding Source: Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #)
X
Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational
Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: N/A X
Sponsor Name: City Manager, Cameron D. Benson Department: City Manager’s Office
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION
SUBMITTED BY SUNBEAM REALTY, LLC FOR THE REZONING OF PROPERTY LOCATED AT 502 N.W. 207TH STREET,
MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM AU –
AGRICULTURAL AND UTILITIES DISTRICT TO R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE
Staff Summary:
Background
The applicant, 199 Sunbeam Realty, LLC, seeks to rezone the subject parcel, located at 502 NW 207th
Street, Folio Number (FN) 34-1136-000-0030 in order to develop a multi-family residential development
to include both garden apartments and townhouse units. The lot is approximately 36.99 net acres of
land or 1, 611,284.4 Square Feet.
Agenda Item M-1
Sunbeam Rezoning
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Current Situation
The site is currently vacant and unimproved land zoned as AU, Agricultural and Utilities. Surrounding
properties to the north, south and east are zoned R-1, Single Family Dwelling Residential; to the west the
area is zoned R-50, Multiple Family Dwelling Residential.
Multiple family uses are not permitted under the current AU, Agricultural and Utilities zoning district as
per Sec. 34-287, Use Regulations, Generally-Table 1: Permitted Uses List of the Land Development
Regulations (LDRs). In order to facilitate residential development consistent with the surrounding
properties the applicant is requesting a rezoning from AU, Agricultural and Utilities to R-25, Multiple-
Family Dwelling Residential.
Table 1: Permitted Uses
Zoning Districts/Uses R-1 R-2 R-15, R-25,
R-50 NC PCD EO OF I-1 I-2 PD AU GP
Residential Type Uses
Residential—multifamily residential* □ □ P □ SE □ □ □ □ P □ □
Residential—single-family-detached
residential* P P P □ □ □ □ □ □ P □ □
Residential—townhouse* □ □ P □ □ □ □ □ □ P □ □
Analysis
The proposed rezoning of the subject property from AU, Agricultural and Utilities to R-25, Multiple
Family is consistent with the policies and objectives of the City of Miami Gardens’ Comprehensive
Development Master Plan (CMDP), and satisfies the criteria for granting of amendments or adoption of
changes to the text of the LDRs or change of the official zoning map designation of a parcel or parcels.
Proposed Action:
It is recommended the City Council adopt this Ordinance rezoning the subject property from AU, Agricultural and
Utilities to R-25, Multiple-Family Dwelling Residential.
Attachments:
Exhibit “A”- Survey and Legal Description
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Exhibit “B”- Staff Recommendation
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1
ORDINANCE NO. 2017_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 1
GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED 2
BY SUNBEAM REALTY, LLC FOR THE REZONING OF PROPERTY 3 LOCATED AT 502 N.W. 207TH STREET, MIAMI GARDENS, FLORIDA, 4 MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED 5
HERETO, FROM AU – AGRICULTURAL AND UTILITIES DISTRICT TO 6
R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR 7
ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES 8 IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; 9 PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 10
WHEREAS, Sunbeam Realty, LLC (“Applicant”) is the owner of that 11
certain properly located at comprised of 36.99 acres, more particularly described 12
in Exhibit “A” attached, and 13
WHEREAS, the current zoning of the property is AU – Agricultural and 14
Utilities District (“AU”), and 15
WHEREAS, the property is currently unimproved and the Applicant 16
proposes to develop a multi-family residential development to include garden 17
apartments and townhouse units, and 18
WHEREAS, Multiple family uses are not permitted in the AU District, and 19
WHEREAS, in order to facilitate the proposed redevelopment of the site, the 20
property must be rezoned to R-25 Multiple Family Dwelling Residential, and 21
WHEREAS, the City’s Planning and Zoning Staff has made a determination 22
that the proposed rezoning of the subject property is consistent with the policies 23
and objectives of the City of Miami Gardens’ Comprehensive Development Master 24
Plan (CMDP), and 25
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2
WHEREAS, the City Council has considered the testimony of the 1
Applicant if any, and 2
WHEREAS, the City Council also considered that testimony of the City’s 3
Planning and Zoning staff and the staff report attached hereto as Exhibit “B” and 4
incorporated in by reference, 5
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 6
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 7
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 8
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 9
are hereby made a specific part of this Ordinance. 10
Section 2. APPROVAL: The City Council of the City of Miami Gardens, 11
Florida hereby approves the rezoning of that certain property located at 502 N.W. 12
207th Street, Miami Gardens, Florida, more particularly described on exhibit “A”, 13
attached hereto, from AU – Agricultural and Utilities District to R-25 multiple 14
Family Dwelling Residential. 15
Section 3. CONFLICT: All ordinances or Code provisions in conflict 16
herewith are hereby repealed. 17
Section 4. SEVERABILITY: If any section, subsection, sentence, 18
clause, phrase or portion of this Ordinance is for any reason held invalid or 19
unconstitutional by any court of competent jurisdiction, such portion shall be 20
deemed a separate, distinct and independent provision and such holding shall 21
not affect the validity of the remaining portions of this Ordinance. 22
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3
Section 5. INCLUSION IN CODE: It is the intention of the City 1
Council of the City of Miami Gardens that the provisions of this Ordinance shall 2
become and be made a part of the Code of Ordinances of the City of Miami 3
Gardens and that the section of this Ordinance may be renumbered or relettered 4
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 5
such other appropriate word or phrase, the use of which shall accomplish the 6
intentions herein expressed. 7
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 8
immediately upon its final passage. 9
PASSED ON FIRST READING ON THE _____ DAY OF __________, 10
2017. 11
PASSED ON SECOND READING ON THE ____ DAY OF _________, 12
2017. 13
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 14
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 15
______________, 2017. 16
17
________________________________ 18
OLIVER GILBERT, III, MAYOR 19 20 ATTEST: 21
22
23
_________________________________ 24 RONETTA TAYLOR, MMC, CITY CLERK 25 26
27
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 28
29
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4
1 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 2
3
4
Moved by: __________________ 5 Second by: _________________ 6 7
VOTE: _________ 8
9
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 10 Vice Mayor Erhabor Ighodaro ____ (Yes) ____ (No) 11 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 12
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 13
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 14
Councilman Rodney Harris ____ (Yes) ____ (No) 15 Councilman David Williams Jr. ____ (Yes) ____ (No) 16
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Exhibit “A”- Survey and Legal Description
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PZ-2016-001419
Sunbeam Realty LLC
Vista Lago Project
Rezoning from AU to R-25
Exhibit “B”- Staff Recommendation
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STAFF RECOMMENDATION
PZ-2016-001419
APPLICATION INFORMATION
Applicant: 199 Sunbeam Realty, LLC
Property Location: 502 NW 207th Street
Property Size: 36.99 Acres or 1,611,284.4 sq.ft.
Future Land Use: Neighborhood
Existing Zoning: AU, Agricultural and Utilities
Requested Action(s):
1. Rezone to R-25, Multiple Family Dwelling Residential
RECOMMENDATION:
Staff recommends granting the rezoning from AU, Agricultural and Utilities to R-25, Multiple Family
Dwelling Residential on the property generally located at 502 NW 207th Street.
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Subject Site Neighborhood AU, Agricultural and Utilities Vacant
North Neighborhood R-1, Single Family Dwelling
Residential
Residential
South Neighborhood R-1, Single Family Dwelling
Residential
Residential
East Neighborhood R-1, Single Family Dwelling
Residential
Residential
West Neighborhood R-50, Multiple Family Dwelling
Residential
Residential
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Project Summary/Background
The property is currently vacant and zoned for AU, Agricultural and Utilities. The applicant is
requesting a rezoning to R-25, Multiple Family Dwelling Residential in order to develop a multi-
family project with garden style apartments and townhouse units.
The existing AU, Agricultural and Utilities zoning district does not permit residential
development such as garden style apartments or townhouse units per Sec. 34-287, Use
Regulations, Generally-Table 1: Permitted Uses List of the Land Development Regulations
(LDRs).
Table 1: Permitted Uses
Zoning Districts/Uses R-1 R-2 R-15, R-25,
R-50 NC PCD EO OF I-1 I-2 PD AU GP
Residential Type Uses
Residential—multifamily residential* □ □ P □ SE □ □ □ □ P □ □
Residential—single-family-detached
residential* P P P □ □ □ □ □ □ P □ □
Residential—townhouse* □ □ P □ □ □ □ □ □ P □ □
A rezoning is being proposed to R-25, Multiple Family Dwelling Residential in order to provide
for use and occupancy of single family and multiple family dwellings at medium densities up to
25 dwelling units per acre range, in addition to essential services and facilities and select public
and institutional uses.
Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP)
The subject parcel is designated “Neighborhood” on the Land Use Map of the Future Land Use
Element of the Comprehensive Development Master Plan (CDMP). As outlined in Objective 1.2
of the CDMP, the Neighborhood land use designation applies to areas intended for low,
medium and high density residential development with supporting suburban commercial and
office uses.
Policy 2.1.2 of the Future Land Use Element indicates that performance standards for medium
density residential uses up to 25 units per acre shall be established as follows:
• Medium Density Residential are permitted in the Neighborhood land use designations.
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Staff comment: The site is located within the Neighborhood Land Use Designation.
• Medium Density Residential should be accessible to major roadways categorized as
Collectors or higher.
Staff Comment: The site is accessible via existing roadways including NW 2nd Avenue
which is classified as a Principal Arterial.
• Medium Density Residential should be a maximum of 25 dwelling units per gross acre.
Staff comment: The proposed residential development will comply with a density of less
than 25 dwelling units per gross acre.
• Allowable housing types within Medium Density Residential include townhouses and
apartments with surrounding open space.
Staff comment: The proposed residential development consist of townhouses and
garden style apartments, along with the addition of a roughly 3-acre park and walking
trail to provide for increased open space in the surrounding area.
• Medium Density Residential development often serves as a transitional land use
between Low Density Residential and other more intensive uses.
Staff Comment: The site serves as a transition between the existing R-50 Multiple Family
use and the existing R-1 Single Family use.
• Medium Density Residential generally consists of 3-4 stories.
Staff Comment: The proposed development with meet the development standards in
terms of maximum height/stories.
• Adequate separation and buffer treatment shall be provided to protect adjacent single-
family residential uses.
Staff Comment: The site will be separated from adjacent low-density residential areas
by right-of-way, building setbacks and landscape buffer treatments.
Conclusion: The rezoning request is generally consistent with the policies of the City’s
Comprehensive Development Master Plan and the performance standards as outlined for
Medium Density Residential development.
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Anticipated Facilities Impact
Public Water: Central water appears to be available to this site, and connection shall be required.
Wastewater Disposal: Connection to the public sanitary sewer system is required, unless adequate
capacity in this system is not available, in which case an alternative means of sewage disposal may
be provided.
Drainage/Water Management: All stormwater runoff must be retained on site utilizing a properly
designed system.
Traffic Circulation: A Traffic Analysis will be submitted and reviewed at the time of Site Plan
submission to determine the impacts on the Level of Service of roadways in the area. The applicant
is proposing the addition of a third entrance at 7th Avenue along with construction of a new
road to the North.
Education: The City is committed to supporting the Miami Dade County School District’s programs
to improve Miami Gardens’ schools. All residential projects shall fully comply with the District’s
facility requirements including but not limited to the payment of education impact fees and any
additional school facility mitigation fees.
This recommendation to approve the Applicant’s rezoning request does not constitute a final
development order. Concurrency determinations are not finalized during the zoning approval
process; one or more concurrency determinations will subsequently be required.
Recreation and Open Space: A roughly 3-acre park and walking trail is proposed to provide for
additional recreation and open space for residents in the surrounding area.
Zoning Review and Analysis
The City Council may grant the rezoning of properties, subject to meeting the criteria set forth in
Section 34-49(f) of the City’s Land Development Regulations:
(f) Criteria for granting of amendments or adoption of changes to the text of the LDRs, or
change of the actual official zoning map designation of a parcel or parcels. The detriments or
benefits of amendments or adoption of changes to the text of the LDRs, or change of the official
zoning map designation of a parcel or parcels shall not be denied consideration on the grounds
that they are indirect, intangible or not readily quantifiable. In evaluating the application,
among other factors related to the general welfare, the following shall be considered:
(1) The development permitted by the application, if granted, conforms to the city's
comprehensive development master plan; is consistent with applicable area or
neighborhood studies or plans, and would serve a public benefit warranting the granting
of the application at the time it is considered;
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(2) The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the environmental and natural resources of the city, including
consideration of the means and estimated cost necessary to minimize the adverse
impacts; the extent to which alternatives to alleviate adverse impacts may have a
substantial impact on the natural and human environment; and whether any irreversible
or irretrievable commitment of natural resources will occur;
(3) The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the economy of the city;
(4) The development permitted by the application, if granted, will efficiently use or unduly
burden water, sewer, solid waste disposal, recreation, education or other necessary
public facilities which have been constructed or planned and budgeted for construction;
(5) The development permitted by the application, if granted, will efficiently use or unduly
burden or affect public transportation facilities, including mass transit, roads, streets and
highways which have been constructed or planned and budgeted for construction, and if
the development is or will be accessible by public or private roads, streets or highways.
Findings of the request pursuant to the rezoning criteria set forth above are as follows:
1. The rezoning request is generally consistent with the policies, goals and objectives
of the CDMP while maintaining the basic intent and purpose of the Zoning Code.
2. The rezoning will not affect natural resources in the City and does not impact
negatively the stability and character of the area.
3. The rezoning of this property will allow the Applicant to build a multiple family
residential development with garden style apartments and townhouse units. The
proposed residential development will account for no more than 25 units per acre,
which is within the allowable density permitted in the R-25, Multiple Family
Dwelling Residential zoning district.
4. The rezoning will not unduly impact water, sewer, drainage, education or
recreational facilities.
5. The site is accessible by existing roads and the addition of a third entrance at 7th
Avenue is proposed along with construction of a new road to the North. Any
additional impacts to transportation facilities, streets or highways will be assessed
via a Traffic Impact Analysis and mitigated as appropriate during subsequent site
plan review phases in order to safeguard the surrounding community.
Conclusion: The proposed rezoning to R-25, Multiple Family Dwelling Residential is generally
consistent with the policies, goals and objectives of the City’s Comprehensive Development
Master Plan (CDMP), and satisfies Section 34-49(f) of the City’s Land Development Regulations
(LDRs), which establishes the criteria for granting of amendments or adoption of changes to the
text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels.
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Attachments:
Attachment “A” - Hearing Area Map
Attachment “B” - Hearing Area Zoning Map
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Attachment “A” - Hearing Area Map
Subject Property
HEARING AREA MAP:
Subject Property:
502 NW 207th STREET
FN 34-1136-000-0030
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Attachment “B” – Hearing Area Zoning Map
Subject Property
HEARING AREA ZONING MAP:
Subject Property:
502 NW 207th STREET
FN 34-1136-000-0030
R50
AU
R-10
R-1
R-1
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