HomeMy WebLinkAboutFebruary 11, 2015 City Council AgendaRegular City Council Agenda
February 11, 2015 Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: February 11, 2015
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Next Regular Meeting Date: February 25, 2015
Phone: (305) 622-8000 Fax: (305) 622-8001
Website: www.miamigardens-fl.gov
Time: 7:00 p.m.
Mayor Oliver Gilbert
Vice Mayor Felicia Robinson
Councilman Rodney Harris
Councilwoman Lisa C. Davis
Councilman David Williams Jr.
Councilwoman Lillie Q. Odom
Councilman Erhabor Ighodaro, Ph.D.
City Manager Cameron Benson
City Attorney Sonja K. Dickens, Esq.
City Clerk Ronetta Taylor, MMC
Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all
lobbyists before engaging in any lobbying activities to register with the City
Clerk and pay a one-time annual fee of $250.00. This applies to all persons
who are retained (whether paid or not) to represent a business entity or
organization to influence “City” action. “City” action is broadly described to
include the ranking and selection of professional consultants, and virtually all-
legislative, quasi-judicial and administrative action. All not-for-profit
organizations, local chamber and merchant groups, homeowner associations,
or trade associations and unions must also register however an annual fee is
not required.
(A) CALL TO ORDER/ROLL CALL
(B) INVOCATION
(C) PLEDGE OF ALLEGIANCE
(D) APPROVAL OF MINUTES
Regular City Council Minutes – January 28, 2015
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
(G) PUBLIC COMMENTS (2 minutes each)
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February 11, 2015 Page 2
(H) ORDINANCE(S) FOR FIRST READING:
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
None
(J) RESOLUTION(S)/PUBLIC HEARING(S)
None
(K) CONSENT AGENDA:
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING MAYOR
OLIVER GILBERT’S APPOINTMENT OF JOHNSON JEAN TO
THE PROGRESSIVE YOUNG ADULTS COMMITTEE FOR A
TERM THAT WILL COINCIDE WITH THE TERM OF MAYOR
GILBERT; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY MAYOR OLIVER GILBERT)
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING HOUSE BILL 297,
“THE SAFE WORK ENVIRONMENT ACT;” PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA
C. DAVIS)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING LILLIE Q.
ODOM’S APPOINTMENT OF CLAUDETTE BRINSON TO THE
NUISANCE ABATEMENT BOARD; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN
LILLIE Q. ODOM)
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, COMMENDING THE CITY OF
NORTH MIAMI BEACH FOR INSTITUTING A PERMANENT
BAN ON THE PRACTICE OF USING MUG SHOTS FOR TARGET
PRACTICE; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY COUNCILMAN RODNEY HARRIS)
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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Regular City Council Agenda
February 11, 2015 Page 3
MIAMI GARDENS, FLORIDA, REAPPOINTING VINCENT T.
BROWN TO SERVE AS THE LEGAL ADVISOR TO THE
NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM;
PROVIDING FOR NUNC PRO TUNC EFFECT; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING THE APPROVED
OUTSIDE COUNSEL LIST TO INCLUDE ALISON F. SMITH OF
WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L.,
FOR LABOR AND EMPLOYMENT MATTERS; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY)
K-7) 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 AND
ADDENDUM WITH PUBLIC ENGINES, INC., FOR
COMMANDCENTRAL SUITE OF CRIME ANALYTICS, AND
COMMANDCENTRAL PREDICTIVE POLICING SOLUTIONS, A
COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”;
AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE
ORDERS, IN AN AMOUNT NOT TO EXCEED THIRTY FOUR
THOUSAND TWO HUNDRED FIFTY SEVEN DOLLARS,
THIRTY CENTS ($34,257.30), FOR THIS PURPOSE;
AUTHORIZING THE WAIVER OF COMPETITIVE BIDDING;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND
ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT
WITH THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION FOR THE ACCEPTANCE OF A LITTER
CONTROL AND PREVENTION GRANT IN THE AMOUNT OF
FIFTEEN THOUSAND DOLLARS ($15,000.00) FOR A LITTER
CONTROL AND PREVENTION PROGRAM, A COPY OF WHICH
IS ATTACHED HERETO TO AS EXHIBIT “A”; AUTHORIZING
THE CITY MANAGER TO EXECUTE ANY AND ALL
AGREEMENTS AND ATTENDANT DOCUMENTS AS A RESULT
OF THIS GRANT PROCESS; AUTHORIZING A MATCH OF
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Regular City Council Agenda
February 11, 2015 Page 4
FUNDS IN THE AMOUNT OF SIXTEEN THOUSAND DOLLARS
($16,000.00); PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA
AWARDING A BID TO METRO EXPRESS, INC., IN THE
AMOUNT OF TWO HUNDRED FORTY-EIGHT THOUSAND,
NINE HUNDRED EIGHTY-FIVE DOLLARS AND 99/100
($248,985.99), FOR CONSTRUCTION OF THE NW 177/NW 178
TERRACE STORMWATER DRAINAGE PROJECT;
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN
AGREEMENT WITH METRO EXPRESS, INC., A COPY OF
WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RATIFYING THAT CERTAIN
COLLECTIVE BARGAINING AGREEMENT WITH THE
FEDERATION OF PUBLIC EMPLOYEES ATTACHED HERETO
AS EXHIBIT “A;“ AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AN ATTEST THE SAME;
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):
None
(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
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(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
(R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
(S) ADJOURNMENT
IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED
AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT
DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER
THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771.
ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY
CLERK (305) 622-8000 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S
WEBSITE AT www.miamigardens-fl.gov.
ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO
ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS
AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(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
Oliver Gilbert,
Mayor
Department:
City Manager
Office of the Mayor/Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ACKNOWLEDGING MAYOR OLIVER GILBERT’S
APPOINTMENT OF JOHNSON JEAN TO THE PROGRESSIVE YOUNG
ADULTS COMMITTEE FOR A TERM THAT WILL COINCIDE WITH THE
TERM OF MAYOR GILBERT; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accordance with the establishment of the Progressive Young Adult Advisory Committee, Mayor Oliver
Gilbert, has appointed Johnson Jean, in accordance with Section 2-172 of the Code of Ordinances. This
Resolution acknowledges Mayor Gilbert’s appointment of Johnson Jean. The term of this appointment
shall coincide with Mayor Gilbert’s term. This appointed member will adhere to duties and powers of
the Advisory Committee as outlined in the Ordinance.
Item K-1) Consent Agenda
Resolution
Appt to Progressive Young Adults Committee
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Miami Gardens, Florida 33056
Proposed Action:
That the City Council approves this resolution.
Attachment:
Page 7 of 163
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING MAYOR 4
OLIVER GILBERT’S APPOINTMENT OF JOHNSON JEAN TO 5
THE PROGRESSIVE YOUNG ADULTS COMMITTEE FOR A 6
TERM THAT WILL COINCIDE WITH THE TERM OF MAYOR 7
GILBERT; PROVIDING FOR THE ADOPTION OF 8
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9
10
WHEREAS, the City Council has created the Progressive Young Adults 11
Committee (“the Committee”), and 12
WHEREAS, Mayor Oliver Gilbert and each member of the City Council have the 13
right to appoint members to the Committee, and 14
WHEREAS, in accordance Section 2-286 of the Code of Ordinances, Mayor 15
Oliver Gilbert has appointed Johnson Jean to the Committee for a term that will coincide 16
with the term of Mayor Gilbert, and 17
WHEREAS, it is appropriate for the City Council to acknowledge the 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 Mayor Oliver Gilbert’s appointment of Johnson Jean to the 26
Progressive Young Adults Committee for a term that will coincide with the term of Mayor 27
Gilbert. 28
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 29
upon its final passage. 30
Page 8 of 163
2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 31
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 32
33
___________________________________ 34
OLIVER GILBERT, III, MAYOR 35
36
37
38
ATTEST: 39
40
41
__________________________________ 42
RONETTA TAYLOR, MMC, CITY CLERK 43
44
45
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 46
47
48
SPONSORED BY: MAYOR OLIVER GILBERT, III 49
50
51
Moved by: __________________ 52
53
VOTE: _________ 54
55
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 56
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 57
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 58
Councilman David Williams Jr ____ (Yes) ____ (No) 59
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 60
Councilman Rodney Harris ____ (Yes) ____ (No) 61
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62
63
64
Page 9 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Lisa C. Davis,
Council Member
Department:
City Manager
Office of the Mayor/Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, SUPPORTING HOUSE BILL 297 “THE SAFE WORK ENVIRONMENT
ACT;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
On Thursday, January 15, 2015, Florida State Representative Daphne Campbell of District 108 filed bill
HB 297 – “The Safe Work Environment Act”. The objective of HB 297 is to make all work environments
more inviting.
Summary:
Creates “Safe Work Environment Act”; provides that subjecting employee to abusive work environment
is unlawful employment practice; prohibits retaliating against employee who has opposed any unlawful
Item K-2) Consent Agenda
Resolution
The Safe Work Environment Act
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Miami Gardens, Florida 33056
employment practice, or who has made charge, testified, assisted, or participated in any manner in
investigation or proceeding concerning such claim; provides for vicarious liability for employers in
certain circumstances; provides defense; provides for liability for individual employees in certain
circumstances; provides defense; provides affirmative defense; specifies that provisions may only be
enforced by private right of action; precludes punitive damages in certain circumstances; specifies relief
available; limits employer’s liability for emotional distress and precludes punitive damages in certain
circumstances; specifies that provisions may only be enforced by private right of action; provides time
limitation on actions; provides that remedies provided shall be in addition to and not in place of other
remedies provided in law; provides for screening certain persons public and private school entering
instructional areas.
Councilwoman Lisa C. Davis supports and commends Representative Campbell for her commitment to
the residents throughout the State of Florida who are employed and currently facing challenges. This
bill seeks to spread equality through all pay grades and improve the quality of treatment of all parties.
Proposed Action:
That the City Council approves this resolution.
Attachment:
Page 11 of 163
RESOLUTION NO. 2014____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING HOUSE BILL 297, 4
“THE SAFE WORK ENVIRONMENT ACT;” PROVIDING FOR 5
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 6
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7
EFFECTIVE DATE. 8
9
WHEREAS, House Bill 297 entitled the “Florida Work Environment Act,” was 10
filed; and 11
WHEREAS, the purpose of HB 297 is to make all work environments more 12
inviting; and 13
WHEREAS, the bill addresses abusive work demands, and if adopted, would 14
make it an unlawful employment practice, and 15
WHEREAS, the bill also prohibits retaliation from employers to employees who 16
have made or assisted in charges against the employer, and 17
WHEREAS, Councilwoman Lisa Davis is requesting that the City Council lend its 18
support to House Bill 297, 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 supports House Bill 297. 26
Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 27
instructed to provide certified copies of this Resolution to Representative Daphne 28
Campbell and to, Steve Crisafulli, the Speaker of the House. 29
Page 12 of 163
2
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 30
upon its final passage. 31
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 32
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 33
34
___________________________________ 35
OLIVER GILBERT, III, MAYOR 36
37
38
39
ATTEST: 40
41
42
__________________________________ 43
RONETTA TAYLOR, MMC, CITY CLERK 44
45
46
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 47
48
49
SPONSORED BY: 50
51
Moved by: __________________ 52
53
VOTE: _________ 54
55
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 56
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 57
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 58
Councilman David Williams Jr ____ (Yes) ____ (No) 59
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 60
Councilman Rodney Harris ____ (Yes) ____ (No) 61
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62
63
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HB 297 2015
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FLORIDA HOUSE OF REP RESENTATIVE S
A bill to be entitled 1
An act relating to safe work environments; providing a 2
short title; providing legislative findings and 3
purposes; creating part III of chapter 448, F.S.; 4
providing definitions; providing that subjecting an 5
employee to an abusive work environment is an unlawful 6
employment practice; prohibiting retaliation against 7
an employee who has opposed any unlawful employment 8
practice or who has made a charge, testified, 9
assisted, or participated in any manner in an 10
investigation or proceeding concerning such a claim; 11
providing for vicarious liability for employers in 12
certain circumstances; providing a defense; providing 13
for liability for individual employees in certain 14
circumstances; providing a defense; providing 15
affirmative defenses; specifying relief available; 16
limiting an employer's liability for emotional 17
distress and precluding punitive damages in certain 18
circumstances; specifying that provisions may only be 19
enforced by a private right of action; providing time 20
limitation on actions; providing that remedies 21
provided shall be in addition to and not in place of 22
other remedies provided in law; providing for 23
reimbursement of certain compensation; amending ss. 24
1002.42 and 1006.07, F.S.; requiring screening of 25
certain persons before entering instructional areas; 26
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FLORIDA HOUSE OF REP RESENTATIVE S
providing an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Short title.—This act may be cited as the "Safe 31
Work Environment Act." 32
Section 2. Findings and purpose.— 33
(1) FINDINGS.—The Legislature finds that: 34
(a) The social and economic well-being of the state is 35
dependent upon healthy and productive employees. 36
(b) Between 37 percent and 59 percent of employees 37
directly experience health-endangering workplace bullying, 38
abuse, and harassment, and this mistreatment is approximately 39
four times more prevalent than sexual harassment alone. 40
(c) Workplace bullying and harassment can inflict serious 41
harm upon targeted employees, including feelings of shame and 42
humiliation, severe anxiety, depression, suicidal tendencies, 43
impaired immune systems, hypertension, increased risk of 44
cardiovascular disease, and symptoms consistent with post-45
traumatic stress disorder. 46
(d) Abusive work environments can have serious 47
consequences for employers, including reduced employee 48
productivity and morale, higher turnover and absenteeism rates, 49
and increases in medical and workers' compensation claims. 50
(e) If mistreated employees who have been subjected to 51
abusive treatment at work cannot establish that the behavior was 52
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FLORIDA HOUSE OF REP RESENTATIVE S
motivated by race, color, sex, national origin, or age, they are 53
unlikely to be protected by law against such mistreatment. 54
(f) Legal protection from abusive work environments should 55
not be limited to behavior grounded in protected class status as 56
provided for under employment discrimination statutes. 57
(g) Existing workers' compensation plans and common-law 58
tort actions are inadequate to discourage this behavior or to 59
provide adequate relief to employees who have been harmed by 60
abusive work environments. 61
(2) PURPOSE.—It is the purpose of this act to: 62
(a) Provide legal relief for employees who have been 63
harmed psychologically, physically, or economically by being 64
deliberately subjected to abusive work environments. 65
(b) Provide legal incentive for employers to prevent and 66
respond to abusive mistreatment of employees at work. 67
Section 3. Part III of chapter 448, Florida Statutes, 68
consisting of ss. 448.30-448.37, is created to read: 69
PART III 70
ABUSIVE WORK ENVIRONMENTS 71
448.30 Definitions.—As used in this part, the term: 72
(1) "Abusive conduct" means conduct, including acts or 73
omissions that a reasonable person would find hostile based on 74
the severity, nature, and frequency of the defendant's conduct. 75
Abusive conduct may include, but is not limited to, repeated 76
verbal abuse, such as the use of derogatory remarks, insults, 77
and epithets; verbal or physical conduct of a threatening, 78
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FLORIDA HOUSE OF REP RESENTATIVE S
intimidating, or humiliating nature; the sabotage or undermining 79
of an employee's work performance; or attempts to exploit an 80
employee's known psychological or physical vulnerability. A 81
single act normally will not constitute abusive conduct, but an 82
especially severe and egregious act may be found to meet this 83
standard. 84
(2) "Abusive work environment" means a work environment 85
that exists when an employer, acting with malice, subjects an 86
employee to abusive conduct so severe that it causes tangible 87
harm to the employee. 88
(3) "Adverse employment action" includes, but is not 89
limited to, a termination, demotion, unfavorable reassignment, 90
failure to promote, disciplinary action, reduction in 91
compensation, or a constructive discharge. 92
(4) "Constructive discharge" exists where: 93
(a) An employee reasonably believed he or she was 94
subjected to abusive conduct; 95
(b) The employee resigned because of the abusive conduct; 96
and 97
(c) Before resigning, the employee brought to the 98
employer's attention the abusive conduct and the employer failed 99
to take reasonable steps to correct the situation. 100
(5) "Employer" includes every employer, public or private. 101
(6) "Malice" means the desire to cause pain, injury, or 102
distress to another person. 103
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FLORIDA HOUSE OF REP RESENTATIVE S
(7) "Physical harm" means the material impairment of a 104
person's physical health or bodily integrity, as established by 105
competent evidence. 106
(8) "Psychological harm" means the material impairment of 107
a person's mental health, as established by competent evidence. 108
(9) "Tangible harm" means psychological harm or physical 109
harm. 110
448.31 Unlawful employment practices.— 111
(1) It is an unlawful employment practice under this part 112
to subject an employee to an abusive work environment. 113
(2) It is an unlawful employment practice under this part 114
to retaliate in any manner against an employee who has opposed 115
any unlawful employment practice under this part or who has made 116
a charge, testified, assisted, or participated in any manner in 117
an investigation or proceeding under this part, including, but 118
not limited to, internal complaints and proceedings, arbitration 119
and mediation proceedings, and legal actions. 120
448.32 Employer liability and defense.— 121
(1) An employer is vicariously liable for an unlawful 122
employment practice committed by an employee. 123
(2) If the alleged unlawful employment practice does not 124
include an adverse employment action, it is an affirmative 125
defense for an employer only that: 126
(a) The employer exercised reasonable care to prevent and 127
promptly correct any actionable behavior. 128
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FLORIDA HOUSE OF REP RESENTATIVE S
(b) The complainant employee unreasonably failed to take 129
advantage of appropriate preventive or corrective opportunities 130
provided by the employer. 131
448.33 Employee liability and defense.— 132
(1) An employee may be individually liable for an unlawful 133
employment practice. 134
(2) It is an affirmative defense for an employee only that 135
the employee committed an unlawful employment practice at the 136
direction of the employer under threat of an adverse employment 137
action. 138
448.34 Affirmative defenses.—It is an affirmative defense 139
that: 140
(1) The complaint is based on an adverse employment action 141
reasonably made for poor performance, misconduct, or economic 142
necessity; 143
(2) The complaint is based on a reasonable performance 144
evaluation; or 145
(3) The complaint is based on a defendant's reasonable 146
investigation about potentially illegal or unethical activity. 147
448.35 Relief.— 148
(1) GENERALLY.—If a defendant has been found to have 149
committed an unlawful employment practice under this part, the 150
court may enjoin the defendant from engaging in the unlawful 151
employment practice and may order any other relief that is 152
deemed appropriate, including, but not limited to, 153
reinstatement, removal of the offending party from the 154
Page 19 of 163
HB 297 2015
CODING: Words stricken are deletions; words underlined are additions.
hb0297-00
Page 7 of 8
FLORIDA HOUSE OF REP RESENTATIVE S
complainant's work environment, back pay, front pay, payment of 155
medical expenses, compensation for emotional distress, punitive 156
damages, and attorney fees. 157
(2) EMPLOYER LIABILITY.—If an employer has been found to 158
have committed an unlawful employment practice under this part 159
that did not culminate in an adverse employment action, the 160
employer's liability for damages for emotional distress may not 161
exceed $25,000, and the employer is not subject to punitive 162
damages. This subsection does not apply to individually named 163
employee defendants. 164
448.36 Procedures.— 165
(1) PRIVATE RIGHT OF ACTION.—This part may be enforced 166
solely by a private right of action. 167
(2) TIME LIMITATIONS.—Notwithstanding any other provision 168
of law, an action under this part must be commenced no later 169
than 1 year after the last act that constitutes the alleged 170
unlawful employment practice. 171
448.37 Effect on other legal relationships.—The remedies 172
provided in this part are in addition to any remedies provided 173
under any other law, and nothing in this part relieves a person 174
from any liability, duty, penalty, or punishment provided by any 175
other law, except that if an employee receives workers' 176
compensation for medical costs for the same injury or illness 177
under this part and chapter 440, or compensation under this part 178
and chapter 440 in cash payments for the same period of time of 179
not working as a result of the compensable injury or illness or 180
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HB 297 2015
CODING: Words stricken are deletions; words underlined are additions.
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FLORIDA HOUSE OF REP RESENTATIVE S
the unlawful employment practice, all compensation received 181
under chapter 440 shall be reimbursed from compensation paid 182
under this part. 183
Section 4. Subsection (18) is added to section 1002.42, 184
Florida Statutes, to read: 185
1002.42 Private schools.— 186
(18) CAMPUS SECURITY.—Each school serving K-12 students 187
must provide for the screening with metal detectors of all 188
nonemployee persons entering areas in its school building or 189
campus where instructional activities for such students take 190
place. 191
Section 5. Subsection (7) is added to section 1006.07, 192
Florida Statutes, to read: 193
1006.07 District school board duties relating to student 194
discipline and school safety.—The district school board shall 195
provide for the proper accounting for all students, for the 196
attendance and control of students at school, and for proper 197
attention to health, safety, and other matters relating to the 198
welfare of students, including: 199
(7) CAMPUS SECURITY.—Screening with metal detectors all 200
nonemployee persons entering areas in each school building or 201
campus where instructional activities take place. 202
Section 6. This act shall take effect July 1, 2015. 203
Page 21 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(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
Lillie Q. Odom,
Council Member
Department:
City Manager
Office of the Mayor/Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ACKNOWLEDGING LILLIE Q. ODOM’S
APPOINTMENT OF CLAUDETTE BRINSON TO THE NUISANCE
ABATEMENT BOARD; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accordance with the establishment of the Nuisance Abatement Board, Councilwoman Lillie Q. Odom
hereby submits the reappointment of Claudette Brinson for membership. The term of this appointment
shall expire, February 11, 2017.
Proposed Action:
That the City Council approves this resolution.
Item K-3) Consent Agenda
Resolution
Appt to Nuisance Abatement Board
Page 22 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Attachment:
Page 23 of 163
RESOLUTION NO. 2014____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING LILLIE Q. 4
ODOM’S APPOINTMENT OF CLAUDETTE BRINSON TO THE 5
NUISANCE ABATEMENT BOARD; PROVIDING FOR THE 6
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7
EFFECTIVE DATE. 8
9
WHEREAS, the City has established a Nuisance Abatement Board 10
WHEREAS, in accordance with Section 14-500 of the City’s Code of Ordinances, 11
each Council member is to appoint member to a two-year term, and 12
WHEREAS, Lillie Q. Odom has appointed Claudette Brinson to the Nuisance 13
Abatement Board, and 14
WHEREAS, it is appropriate for the City Council to acknowledge this 15
appointment, 16
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 18
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20
made a specific part of this Resolution. 21
Section 2: ACKNOWLEDGEMENT: The City Council of the City of Miami 22
Gardens hereby acknowledges Lillie Q. Odom’s appointment of Claudette Brinson to 23
the Nuisance Abatement Board. 24
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 25
upon its final passage. 26
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 27
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2014. 28
29
Page 24 of 163
2
___________________________________ 30
OLIVER GILBERT, III, MAYOR 31
32
33
34
ATTEST: 35
36
37
__________________________________ 38
RONETTA TAYLOR, MMC, CITY CLERK 39
40
41
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 42
43
44
SPONSORED BY: Lillie Q. Odom 45
46
Moved by: __________________ 47
48
VOTE: _________ 49
50
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 51
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 52
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 53
Councilman David Williams Jr ____ (Yes) ____ (No) 54
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 55
Councilman Rodney Harris ____ (Yes) ____ (No) 56
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 57
58
Page 25 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(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
Rodney Harris,
Council Member
Department:
City Manager
Office of the Mayor/Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, COMMENDING THE CITY OF NORTH MIAMI
BEACH FOR INSTITUTING A PERMANENT BAN ON THE PRACTICE OF
USING MUG SHOTS FOR TARGET PRACTICE; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
The City of North Miami Beach, Florida recently adopted Resolution No. R2015-8, which authorized the
permanent ban on the practice of using mug shots found in the police department’s database from
being used for target practice by any of their officers. The resolution also directs the City Manager to
conduct a comprehensive independent review of the department’s remaining training procedures to
ensure that they are consistent with the values of equality, diversity and fairness held by the North
Miami Beach City Council.
Item K-4) Consent Agenda
Resolution
Commending City of North Miami Beach
Page 26 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Although the City of Miami Gardens Police Department does not adhere to such training practices,
Councilman Harris wants to commend and support the City of North Miami Beach for its efforts.
Proposed Action:
That the City Council approves this resolution.
Attachment:
Page 27 of 163
RESOLUTION NO. 2014____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, COMMENDING THE CITY OF 4
NORTH MIAMI BEACH FOR INSTITUTING A PERMANENT BAN 5
ON THE PRACTICE OF USING MUG SHOTS FOR TARGET 6
PRACTICE; PROVIDING FOR THE ADOPTION OF 7
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8
9
WHEREAS, the City of North Miami Beach, Florida recently adopted Resolution 10
No. R2015-8, which authorized a permanent ban on the practice of using mug shots 11
found in the police department’s database from being used for target practice by any of 12
their officers, and 13
WHEREAS, Resolution No. R2015-8 also directs the City Manager to conduct a 14
comprehensive independent review of the department’s remaining training procedures 15
to ensure that they are consistent with the values of equality, diversity and fairness held 16
by the North Miami Beach City Council, and 17
WHEREAS, although the City of Miami Gardens Police Department does not 18
adhere to such training practices, Councilman Harris wants the City Council to 19
commend and support the City of North Miami Beach for its efforts, 20
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 22
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 23
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 24
made a specific part of this Resolution. 25
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 26
hereby commends the City of North Miami Beach for instituting a permanent ban on the 27
practice of using mug shots for target practice. 28
Page 28 of 163
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 29
upon its final passage. 30
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 31
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2014. 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, ESQ., CITY ATTORNEY 46
47
48
SPONSORED BY: COUNCILMAN RODNEY HARRIS 49
50
Moved by: __________________ 51
52
VOTE: _________ 53
54
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 56
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57
Councilman David Williams Jr ____ (Yes) ____ (No) 58
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59
Councilman Rodney Harris ____ (Yes) ____ (No) 60
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61
62
Page 29 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X X
Funding Source:
Nuisance
Abatement Fines
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
N/A
X
Sponsor Name
Sonja Dickens,
City Attorney
Department:Office of the City Attorney
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, REAPPOINTING VINCENT T. BROWN TO SERVE
AS THE LEGAL ADVISOR TO THE NUISANCE ABATEMENT BOARD
FOR A TWO (2) YEAR TERM; PROVIDING FOR NUNC PRO TUNC
EFFECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accordance with the Nuisance Abatement Board Ordinance, the City Attorney is to recommend an
attorney to advise the Nuisance Abatement Board.
Vincent Brown currently serves as legal advisor to the Nuisance Abatement Board. The City Attorney
recommends that the City Council reappoints Vincent T. Brown to serve as legal advisor to the Board for
a two (2) year term effective on May 13, 2014.
Item K-5) Consent Agenda
Resolution
Re-appt of Vincent T. Brown/Legal Advisor
Page 30 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
That the City Council approve the attached Resolution.
Page 31 of 163
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, REAPPOINTING VINCENT T. 4
BROWN TO SERVE AS THE LEGAL ADVISOR TO THE 5
NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM; 6
PROVIDING FOR NUNC PRO TUNC EFFECT; PROVIDING FOR 7
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, Vincent T. Brown currently serves as the legal advisor to the 11
Nuisance Abatement Board, and 12
WHEREAS, the City Attorney recommends that the City Council reappoint 13
Vincent T. Brown to serve as legal advisor to the Nuisance Abatement Board for a two 14
(2) year term, 15
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 16
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 17
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 18
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 19
made a specific part of this Resolution. 20
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 21
hereby reappoints Vincent T. Brown to serve as the legal advisor to the Nuisance 22
Abatement Board for a term of two (2) years. 23
Section 3. NUNC PRO TUNC EFFECT: This resolution shall be effective as 24
of May 13, 2014. 25
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 26
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2012. 27
28
___________________________________ 29
MAYOR OLIVER GILBERT, III 30
31
Page 32 of 163
2
32
33
ATTEST: 34
35
36
__________________________________ 37
RONETTA TAYLOR, MMC, CITY CLERK 38
39
40
PREPARED BY: SONJA K. DICKENS, ESQ., CITY ATTORNEY 41
42
43
SPONSORED BY: SONJA K. DICKENS, ESQ., CITY ATTORNEY 44
45
Moved by: __________________ 46
47
VOTE: _________ 48
49
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 50
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 51
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 52
Councilman David Williams Jr. ____ (Yes) ____ (No) 53
Councilwoman Lisa Davis ____ (Yes) ____ (No) 54
Councilman Rodney Harris ____ (Yes) ____ (No) 55
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 56
57
58
59
60
Page 33 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
N/A Advertising
Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
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, AMENDING THE APPROVED OUTSIDE
COUNSEL LIST TO INCLUDE ALISON F. SMITH OF WEISS SEROTA
HELFMAN COLE BIERMAN & POPOK, P.L., FOR LABOR AND
EMPLOYMENT MATTERS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
On November 14, 2012, the City Council adopted Resolution No. 2012-173-1768, which approved a list
of attorneys and law firms to represent the City in various legal matters. The Resolution also authorized
amendments to the list to include additional attorneys and law firms, subject to the approval of the City
Council. City Attorney, Sonja Dickens recommends amending the list to include Alison F. Smith of Weiss
Serota Helfman Cole Bierman & Popok, P.L. Ms. Smith will serve as outside counsel for labor and
employment matters.
Item K-6) Consent Agenda
Resolution
Amendment of Approved Outside Counsel List
Page 34 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
That the City Council approve the Resolution.
Attachment:
None.
Page 35 of 163
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AMENDING THE APPROVED 4
OUTSIDE COUNSEL LIST TO INCLUDE ALISON F. SMITH OF 5
WEISS SEROTA HELFMAN COLE BIERMAN & POPOK, P.L., 6
FOR LABOR AND EMPLOYMENT MATTERS; PROVIDING FOR 7
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, on November 14, 2012, the City Council adopted Resolution No. 11
2012-173-1768, which approved a list of attorneys and law firms to represent the City in 12
various legal matters, and 13
WHEREAS, the Resolution also authorized amendments to the list to include 14
additional attorneys and law firms, subject to the approval of the City Council, and 15
WHEREAS, the City Attorney recommends amending the list to include Alison F. 16
Smith of Weiss Serota Helfman Cole Bierman & Popok, P.L., for labor and employment 17
matters, 18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 20
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 21
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 22
made a specific part of this Resolution. 23
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 24
hereby amends the approved outside counsel list to include Alison F. Smith of Weiss 25
Serota Helfman Cole Bierman & Popok, P.L., for labor and employment matters. 26
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 27
upon its final passage. 28
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 29
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 30
Page 36 of 163
2
31
___________________________________ 32
OLIVER GILBERT, III, MAYOR 33
34
35
36
ATTEST: 37
38
39
__________________________________ 40
RONETTA TAYLOR, MMC, CITY CLERK 41
42
43
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 44
45
46
SPONSORED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 47
48
Moved by: __________________ 49
50
VOTE: _________ 51
52
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 53
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 54
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 55
Councilman David Williams Jr ____ (Yes) ____ (No) 56
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 57
Councilman Rodney Harris ____ (Yes) ____ (No) 58
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 59
60
61
62
63
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Page 49 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
General Fund
JAG Grant
USAI Grant
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 X
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy:
Public Safety.
X
Sponsor Name
Cameron 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 AND ADDENDUM WITH PUBLIC ENGINES,
INC., FOR COMMANDCENTRAL SUITE OF CRIME ANALYTICS, AND
COMMANDCENTRAL PREDICTIVE POLICING SOLUTIONS, A COPY OF
WHICH IS ATTACHED HERETO AS EXHIBIT “A”; AUTHORIZING THE
CITY MANAGER TO ISSUE PURCHASE ORDERS, IN AN AMOUNT NOT
TO EXCEED THIRTY FOUR THOUSAND TWO HUNDRED FIFTY SEVEN
DOLLARS, THIRTY CENTS ($34,257.30), FOR THIS PURPOSE;
AUTHORIZING THE WAIVER OF COMPETITIVE BIDDING; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Background Item K-7) Consent Agenda
Resolution
Agreement Addendum-Public Engines, Inc.
Page 50 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
The City of Miami Gardens has experienced an overall 6% reduction in Part 1 crime for 2014. Significant
observations revealed an all-time low of a 43% reduction in homicides. Through our Part I crime
reduction initiatives during 2014, we have seen a 39% reduction in commercial burglaries, a 32%
reduction in robberies, a 7% reduction in residential burglaries, and a 6% reduction in vehicle burglaries.
All other areas have also shown favorable reductions and/or remain to be stabilized.
In March of 2014, the Miami Gardens Police Department was awarded Urban Area Security Initiative
(UASI) funds. The remaining balance of the UASI funds must be expended by March 30, 2015, and can be
expended toward the purchase of Public Engine’s Command Central suite of Crime Analytics,
Anonymous Tips Reporting, and Behavioral Predictive Policing solutions. As we begin 2015, it is the
police department’s desire to continue the momentum of crime reduction without hesitation through
the utilization of this software.
By the resolution staff this requesting that council waive competing bidding as going through the normal
purchasing process there will be time constraints that will hinder the utilization of the UASI grant funds,
as well as the police department from embarking on this technology before the grant expires. This
company’s software solution offers both predictive and analytical platforms, within the same software
package. It is in the City’s best interest to purchase this technology so the momentum of crime
reduction, predictive policing, and daily crime analytics style of policing can continue without
interruption.
As an essential part of the City’s Public Safety Technology initiative, the Department would like to deploy
Public Engine’s Command Central suite of Crime Analytics, Anonymous Tips Reporting, and Behavioral
Predictive Policing solutions.
This technology, upon integration, can immediately be used to further the progressive approach of
community involvement as it allows anonymous tips on plotted crimes, and Comprehensive Statistical
Analysis (CompStat) which allows analysis of crime trends to determine real-time and future deployment
of personnel. It will also enhance the agency’s ability to deploy real-time updates on crime trends, past
offenses and incidents to personnel through web portals, smart phones, and tablets.
Additionally, Command Central’s Dashboard will allow real-time access to data on crimes and incidents
that occur throughout the City, and adjoining jurisdictions that use Public Engine’s solution. It can also
overlay critical data that is gathered from multiple sources of information, such as parole & probation,
juvenile offender release data, Section 8 housing, and historical ShotSpotter gunfire incidents.
Public Engines’ products also integrate with the Department’s Sungard OSSI Computer Aided Dispatch
(CAD), and Records Management System (RMS). Most importantly, the solution can be integrated into
the yet-to-be constructed Real Time Crime Center, allowing it to be an important tool for detectives,
crime analysis and road personnel.
Fiscal Impact
$9,124.28 will be funded form the 2012 Edward Byrne Grant which was approved by the Department of
Justice on January 14, 2015. The remaining fund will be from the Urban Area Security Initiative Grant
(UASI) in the amount of $21,881.35 and $3,251.67 from the proceeds attainable under Florida State
from the Police Property Room. The City will be informed on February 11 whether the City can utilize
the UASI grant for such purchase. Should the approval not granted then the remaining require funding
Page 51 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
after the JAG grant for a total of $25,133.02 will be funded from the Property Room proceeds. In FY
2015 year to date, the City has a deposit of $28,078.58 in this category.
Proposed Action:
That the City Council approve the attached resolution authorizing the City Manager to waive competitive
bidding and to negotiate and execute the contracted services with PublicEngines in an amount not to
exceed $ 34,257.30 for the first year.
Attachment:
Attachment A: Public Engines Agreement and Addendum
Page 52 of 163
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA; AUTHORIZING THE CITY 4
MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, 5
RESPECTIVELY THAT CERTAIN AGREEMENT AND 6
ADDENDUM WITH PUBLIC ENGINES, INC., FOR 7
COMMANDCENTRAL SUITE OF CRIME ANALYTICS, AND 8
COMMANDCENTRAL PREDICTIVE POLICING SOLUTIONS, A 9
COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; 10
AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE 11
ORDERS, IN AN AMOUNT NOT TO EXCEED THIRTY FOUR 12
THOUSAND TWO HUNDRED FIFTY SEVEN DOLLARS, THIRTY 13
CENTS ($34,257.30), FOR THIS PURPOSE; AUTHORIZING THE 14
WAIVER OF COMPETITIVE BIDDING; PROVIDING FOR 15
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 16
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 17
EFFECTIVE DATE. 18
19
WHEREAS, the Miami Gardens Police Department desires to purchase crime 20
analytics, anonymous tips reporting, and predictive policing software from Public 21
Engines, Inc., and 22
WHEREAS, the technology will allow the community to report anonymous crime 23
tips, and will allow the Department to analyze crime trends, and 24
WHEREAS, the Miami Gardens Police Department was awarded grant funding 25
from the Urban Area Security Initiative (UASI), and 26
WHEREAS, the USAI grant funds must be expended by March 30, 2015, and 27
WHEREAS, City staff desires to utilize the remaining USAI grant funds to 28
purchase the CommandCentral Suite, and 29
WHEREAS, in accordance with Section 2-757(a)(2) of the City’s Code of 30
Ordinances, the City Manager recommends a waiver of the bidding process for the 31
purchase of the software from Public Engines, Inc., due to time constraints that will 32
hinder the utilization of UASI funds, and 33
Page 53 of 163
2
WHEREAS, the cost of the software for fiscal year 2015 is Thirty Four Thousand 34
Two Hundred Fifty Seven Dollars, Thirty Cents ($34,257.30), 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 City Manager and the City Clerk to execute and attest, 42
respectively that certain Agreement and Addendum with Public Engines, Inc., for 43
CommandCentral Suite of Crime Analytics, and CommandCentral Predictive Policing 44
Solutions, a copy of which is attached hereto as Exhibit “A”; authorizes the City 45
Manager to issue purchase orders, in an amount not to exceed Thirty Four Thousand 46
Two Hundred Fifty Seven Dollars, Thirty Cents ($34,257.30), for this purpose; and 47
further authorizes a waiver of the competitive bidding process due to time constraints. 48
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 49
authorized to obtain two (2) fully executed copies of the subject Agreement and 50
Addendum with one to be maintained by the City, and one to be delivered to Public 51
Engines, Inc. 52
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 53
upon its final passage. 54
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 55
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 56
57
Page 54 of 163
3
___________________________________ 58
OLIVER GILBERT, III, MAYOR 59
60
61
62
ATTEST: 63
64
65
__________________________________ 66
RONETTA TAYLOR, MMC, CITY CLERK 67
68
69
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 70
71
72
SPONSORED BY: CAMERON BENSON, CITY MANAGER 73
74
Moved by: __________________ 75
76
VOTE: _________ 77
78
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 79
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 80
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 81
Councilman David Williams Jr ____ (Yes) ____ (No) 82
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 83
Councilman Rodney Harris ____ (Yes) ____ (No) 84
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 85
86
87
Page 55 of 163
Creators of CrimeReports, CommandCentral and TipSoft
11814 South Election Road
Suite 100
Draper, UT 84020
Order Form
Agency ID 121442
Date 1/30/2015
Form #8502
Agency
Miami Gardens Police Department
Attn: Accounts Payable
1020 NW 163rd Drive
Miami Gardens FL 33169-5818
Offer Expires3/1/2015
Sales Rep Shammai Terry
Payment TermsNet 30 - Due in Full
Description
Year 1 Fees - Due Upfront (Net 30 Terms):
CommandCentral Analytics
Initial Annual Subscription
15% Onetime Discount
CommandCentral Predictive
Initial Annual Subscription
15% Onetime Discount
CommandCentral Integration and Training Services
* Completely Customized Integration
* On Demand Email and Phone Support
* Unlimited Web-based Training Sessions
CommandCentral Predictive Setup & Training
Onetime Multi-Product Integration Discount
Subtotal - Year 1
Qty/Term
1
1
1
1
Rate
10,599.00
-15.00
28,999.00
-15.00
399.00
399.00
-199.00
%
%
Amount
10,599.00
-1,589.85
28,999.00
-4,349.85
399.00
399.00
-199.00
34,257.30
Total $34,257.30
By signing OR by email approval of this Order Form, I agree to the services and terms listed herein, including the Public Engines
Terms of Service at http://www.crimereports.com/home/termsOfService.
________________________________________ ______________________________ _______________
Signature of Authorized Representative Print Name Date
To approve this Order Form by email, please reply to your Public Engines sales representative from which it originated. You may
also sign above and fax this Order Form to (801) 998-3093.
Thank you for choosing Public Engines!
Page 56 of 163
1
ADDENDUM TO THE AGREEMENT
BETWEEN CITY OF MIAMI GARDENS AND PUBLIC ENGINES, INC.
THIS ADDENDUM (“Addendum”) is incorporated into that certain Agreement
between the City of Miami Gardens (“City”) and Public Engines, Inc. (“Public Engines”).
1. Paragraph 6 of the Terms and Conditions entitled “Payment” shall be
amended to include the following:
The City is a governmental entity and is exempt from paying any
sales tax.
2. Paragraph 7 of the Terms and Conditions entitled “Term and Termination”
shall be stricken in its entirety and replaced with the following:
7.1 Term. This Agreement commences on the Effective Date and remains
in effect for a one (1) year term, unless terminated earlier in accordance
with Paragraph 7. This Agreement shall be renewable for an additional
one (1) year term, subject to the authorization of the City Council of the
City of Miami Gardens and the availability of funds.
7.2. Termination. Either party hereto may terminate this AGREEMENT,
with or without cause, at any time by giving to the other party notice in
writing at least thirty (30) days prior to the intended termination date. In
the event of such termination, Public Engines shall reimburse City for any
Fees prepaid by the City. City agrees to remit any outstanding payments
to Public Engines for services rendered prior to the date of said
termination.
7.3. Effect of Termination. This clause is hereby stricken in its entirety.
3. Paragraph 8 of the Additional Terms entitled “Confidentiality and Non-
Disclosure” and each of its subparts shall be stricken its entirety and
replaced with the following:
To the extent required by law, Contractor shall comply with the public
records laws in accordance with Chapter 119, Florida Statutes.
Specifically, Contractor agrees to comply with Section 119.0701, Florida
Statutes. Public records shall mean all documents, papers, letters, maps,
books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form,
characteristics, or means of transmission, made or received pursuant to
law or ordinance or in connection with the transaction of official business
by any agency, as defined in Section 119.011, Florida Statutes, as
amended. The City shall make the sole determination of which records, if
any, are exempt from inspection.
Page 57 of 163
2
4. Paragraph 10 of the Additional Terms entitled “Disclaimers and Limitations
of Liability” shall be amended as follows:
10.2. Limitation of Liability. This clause shall be stricken in its entirety.
5. Paragraph 11 of the Additional Terms “Indemnification” Clause in shall be
replaced with the following:
The City does hereby agree to indemnify and hold harmless Public
Engines, from any and all personal injury or property damage claims,
liabilities, losses, and causes of action which may arise solely as a result
of City’s performance of this Agreement. This agreement is subject to the
provisions of Section 768.28 Florida Statutes, such that the City shall not
be held liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of $200,000, or any
claim or judgments or portions thereof, which, when totaled with all other
occurrence, exceeds the sum of $300,000 from any and all personal injury
or property damage claims, liabilities losses and causes of action which
may arise solely as a result of the performance of this Agreement.
However, nothing herein shall be deemed to indemnify Public Engines
from any liability or claim arising out of the negligent performance or
failure of performance of Public Engines or any unrelated third party.
Subject to the provisions of Section 768.28, Florida Statutes, Public
Engines agrees to defend, indemnify, and hold the City, its officers,
directors, employees, agents, and assigns, harmless from and against any
and all claims, counterclaims, suits, losses, damages, liabilities, and/or
expenses (including reasonable attorneys' and paralegals' fees) of every
kind whatsoever (“Claims”), arising out of, based upon or alleged to have
arisen in connection with (1) the Services, (2) the Software, or (3) with
Public Engines material breach of its representations, warranties and
obligations under this Agreement. The foregoing agreement to indemnify
shall not be applicable to the extent that any such Claims are determined
to have been caused solely by the City. This paragraph shall survive the
termination of this Agreement.
6. Paragraph 12.5 of the Terms and Conditions entitled “Notices” shall be
amended to include the following:
Notices to the City of Miami Gardens shall be delivered to:
Cameron Benson, City Manager
18605 NW 27th Avenue
Miami Gardens, FL 33056
With a copy to:
Sonja K. Dickens, City Attorney
Page 58 of 163
3
18605 NW 27th Avenue
Miami Gardens, FL 33056
7. Paragraph 12.6 of the Terms and Conditions entitled “Press Releases,
Joint Marketing, Advertising” shall be amended to include the following:
Public Engines shall not utilize the City’s name, logos, images or likeness
in any advertising or marketing material, without the prior written consent
of the City Manager.
8. Paragraph 12.8 of the Terms and Conditions entitled “Governing Law”
shall be stricken in its entirety and replaced with the following:
This Agreement and the terms hereof shall be construed in accordance
with the laws of the State of Florida and venue for all actions in a court of
competent jurisdiction shall lie in Miami-Dade County, Florida.
Should any dispute arise hereunder, the prevailing party shall be entitled to
recover against the non-prevailing party, all costs, expenses and attorney's
fees incurred by the prevailing party in such dispute, whether or not suit be
brought, and such right shall include all of such costs, expenses and
attorney's fees through all appeals or other actions.
9. INCONSISTENCY. In the event of an inconsistency or contradiction
between the terms hereof and the terms of the Agreement, to which this
Addendum is attached, the terms hereof shall control.
10. EFFECT OF ORIGINAL AGREEMENT. All terms of the Agreement not
affected by this Addendum shall remain in full force and effect.
SIGNATURE PAGE TO FOLLOW
Page 59 of 163
4
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year set forth below their respective signatures.
CITY OF MIAMI GARDENS
Date:__________________________ By:______________________________
Cameron Benson, City Manager
ATTEST:
___________________________
Ronetta Taylor, MMC, City Clerk
Approved as to form and legal
Sufficiency:
______________________________
Sonja K. Dickens, City Attorney
PUBLIC ENGINES, INC.
By: ______________________________
President
Print Name: _______________________
Witnesses:
_______________________________
Print Name: _____________________
_______________________________
Print Name: _____________________
Page 60 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
Febuary 11, 2015Item 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:
Public Works
KMGB Funds
Stormwater Funds
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
NA x
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Cameron D. Benson
City Manager Department:KMGB
Grants Administration
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE
AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE STATE OF
FLORIDA, DEPARTMENT OF TRANSPORTATION FOR THE ACCEPTANCE OF A
LITTER CONTROL AND PREVENTION GRANT IN THE AMOUNT OF FIFTEEN
THOUSAND DOLLARS ($15,000.00) FOR A LITTER CONTROL AND PREVENTION
PROGRAM, A COPY OF WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”;
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS
AND ATTENDANT DOCUMENTS AS A RESULT OF THIS GRANT PROCESS;
AUTHORIZING A MATCH OF FUNDS IN THE AMOUNT OF SIXTEEN THOUSAND,
NINE HUNDRED AND SIXTY SEVEN DOLLARS ($16, 967.00); PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Item K-8) Consent Agenda
Resolution
Litter Control & Prevention Grant
Page 61 of 163
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Staff Summary:
Background
The City of Miami Gardens has proposed projects to the Florida Department of Transportation and Keep
America Beautiful. The proposed projects were approved and the City of Miami Gardens will receive
$15,000 for litter prevention and tree planting projects in the City of Miami Gardens.
Current Situation
This grant will implement and promote the “Drive It Home-Keep Our Paradise Litter Free” campaign
within our local community. The “Drive It Home” campaign will be in conjunction with the National
Great American Cleanup with the purpose of bringing a coordinated effort towards cleaning up local
communities within the State. The City shall be the local community coordinator for this event. The
Litter campaign will sponsor litter prevention education workshops/seminars and other educational
presentations within the local community. This grant will benefit Stormwater Operations since street
trash ends up in our stormwater system, if it is not picked up.
Fiscal Impact
This is a reimbursable grant for the eligible expenses with matching, monetary or in-kind, required from
the City. Matching funds will be funded through Keep Miami Gardens Beautiful Division (advertising,
operating expenses and in-kind salary match – KMGB Program Director and in-kind volunteer hours) and
Stormwater Funds (advertising).
Proposed Action:
City Council allow the City Manager to accept award and submit required resolution; authorizing the City
Manager to execute any and all agreements that are awarded to the City as a result of this grant
process.
Attachment:
Attachment A - Award Agreement
Page 62 of 163
RESOLUTION NO. 2014____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND THE 4
CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT 5
CERTAIN AGREEMENT WITH THE STATE OF FLORIDA, 6
DEPARTMENT OF TRANSPORTATION FOR THE ACCEPTANCE OF A 7
LITTER CONTROL AND PREVENTION GRANT IN THE AMOUNT OF 8
FIFTEEN THOUSAND DOLLARS ($15,000.00) FOR A LITTER 9
CONTROL AND PREVENTION PROGRAM, A COPY OF WHICH IS 10
ATTACHED HERETO TO AS EXHIBIT “A”; AUTHORIZING THE CITY 11
MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AND 12
ATTENDANT DOCUMENTS AS A RESULT OF THIS GRANT PROCESS; 13
AUTHORIZING A MATCH OF FUNDS IN THE AMOUNT OF SIXTEEN 14
THOUSAND, NINE HUNDRED AND SIXTY SEVEN DOLLARS ($16, 15
967.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 16
PROVIDING AN EFFECTIVE DATE. 17
18
19
WHEREAS, the State of Florida Department of Transportation has 20
awarded a grant to the City of Miami Gardens for litter prevention, and tree 21
planting projects in the City of Miami Gardens, and 22
WHEREAS, city staff intends to use the grant to implement and promote 23
the “Drive It Home-Keep Our Paradise Litter Free” campaign within Miami 24
Gardens, and 25
WHEREAS, the litter campaign will sponsor litter prevention education 26
workshops/seminars and other educational presentations within the local 27
community, and 28
WHEREAS, there is a match requirement for this grant and match funds 29
will come from the Keep Miami Gardens Beautiful Program Budget, 30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 31
THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 32
Page 63 of 163
2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing 33
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 34
are hereby made a specific part of this Resolution. 35
Section 2: AUTHORIZATION: The City Council of the City of Miami 36
Gardens hereby authorizes the City Manager and the City Clerk to execute and 37
attest respectively, that certain Agreement with the State of Florida, Department 38
of Transportation for the acceptance of the litter control and prevention grant in 39
the amount of $15,000 for a litter control and prevention program attached hereto 40
to as Exhibit “A”; The City Council also authorizes the City Manager to execute 41
any and all agreements and attendant documents as a result of this grant 42
process. Furthermore, the City Council authorizes a match of funds in the 43
amount of Sixteen Thousand, Nine Hundred and Sixty Seven Dollars 44
($16,967.00). 45
Section 3: EFFECTIVE DATE: This Resolution shall take effect 46
immediately upon its final passage. 47
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF 48
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ____________, 49
2014. 50
51
52
___________________________________ 53
OLIVER GILBERT, III, MAYOR 54
55
56
57
ATTEST: 58
59
60
__________________________________ 61
Page 64 of 163
3
RONETTA TAYLOR, MMC, CITY CLERK 62
63
64
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY 65
ATTORNEY 66
67
68
SPONSORED BY: CAMERON BENSON, CITY MANAGER 69
70
Moved by: __________________ 71
72
VOTE: _________ 73
74
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 75
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 76
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 77
Councilman David Williams Jr ____ (Yes) ____ (No) 78
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 79
Councilman Rodney Harris ____ (Yes) ____ (No) 80
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 81
82
Page 65 of 163
Finanrlal Projec:t No: Fund: FLAIR Approp:
409750-2-74-01 Funrtion: FLAIRObj.:
Contract No. Contract Amount: Org. Code:
CFDA No. and Title: DUNS No.: Vendor No.:
Recipient DUNS No.: CSFA No. and Title: 55.003 and
Highway Beautification Grants-Keep
Florida Beautiful
LUTER CONTROL AND PREVENTION GRANT AGREEMENT
BETWEEN
THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION
AND
CITY OF MIAMI GARDENS/KEEP MIAMI GARDENS BEAUTIFUL
1bis Litter Control and Prevention Grant Agreement ("Agreement") is entered into this
__ day of , 2015 between the State of Florida, Department of
Transportation ("Department"), and City of Miami Gardens/Keep Miami Gardens Beautiful, a
Florida corporation ("Recipient").
WITNESSETH:
A. The Department is authorized under Section 334.044, Florida Statutes, and Section
403.709, Florida Statutes to enter into this Agreement.
B. The Florida Legislature has appropriated the amount of $800,000 in Fiscal Year
2014/2015 to the Department in order to provide funding for litter prevention and control
programs through a certified Keep America Beautiful Affiliate at the local level.
C. The Department is prepared, in accordance with its adopted work program, to undertake
the Project described as the Keep America Beautiful Litter Control and Prevention
Program, in Fiscal Year 2014/2015, in the maximum amount of $15,000 and which
Project is known as Financial Project Number 409750-2-74-01, as more fully described
in Exhibit "A" ("Project").
NOW, THEREFORE, in consideration of the mutual benfits contained in this Agreement, the
parties agree as follows :
1. The recitals set forth above are incorporated by this reference in this Agreement.
2. The Recipient shall furnish all services as required in Exhibit "A" for completion of the
Project.
3. The term of this Agreement shall begin upon the date of signature of the last party to sign
this Agreement ("Effective Date") and continue through September 30, 2015. Execution
of this Agreement by both parties shall be deemed a Notice to Proceed to the Recipient
for work to begin on the Project. Any work performed prior to the execution of this
Agreement is not subject to reimbursement.
4. The Department agrees to reimburse the Recipient in an amount not to exceed S 15,000
for actual costs incurred, excluding Recipient overhead. Project costs eligible for
reimbursement will be allowed only from the Effective Date of this Agreement. The
I
Page 66 of 163
funding for this Project is contingent upon annual appropriation by the Florida
Legislature, the availability of funds pursuant to this Paragraph 5, and all other terms of
this Agreement. The Recipient agrees to bear all expenses in excess of the Department's
participation.
a. The Department agrees to compensate the Recipient for services described in
Exhibit "A", and as set forth in the Recipient's Proposed Budget in Exhibit "C",
attached to and incorporated in this Agreement. Additionally, the services which
the Recipient provides in Exhibit "A" shall conform with those programs as
identified in Exhibit "D", attached to and incorporated in this Agreement.
b. Unless otherwise permitted, payment will begin in the year the Project or Project
phase is scheduled in the adopted work program as of the Effective Date of this
Agreement. Payment will be made for actual costs incurred as of the date the
invoice is submitted with the fmal payment due upon receipt of a final invoice.
c. The Recipient shall provide quantifiable, measurable, and verifiable units of
deliverables. Each deliverable must specify the required minimum level of
service to be performed and the criteria for evaluating successful completion. The
Project, identified as Financial Project Number 409750-2-74-0 I, and the
quantifiable, measurable, and verifiable units of deliverables are described more
fully in Exhibit "A".
d. Invoices shall be submitted by the Recipient in detail sufficient for a proper pre-
audit and post-audit, based on the quantifiable, measurable and verifiable
deliverables as established in Exhibit "A". Deliverables must be received and
accepted in writing by the Department's Project Manager prior to
reimbursements. All invoices shall include a completed and accurate Grant
Reporting Form as set forth in Exhibit "E" attached to and incorporated in this
Agreement.
e. Supporting documentation must establish that the deliverables were received and
accepted in writing by the Recipient and must also establish that the required
minimum level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A" has been met.
f. Bills for travel expenses specifically authorized in this Agreement shall be
submitted on the Department's Travel Form No. 300-000-01 and will be paid in
accordance with Section 112.061 , Florida Statutes and the most current version of
the Disbursement Handbook for Employees and Managers (Section 287.058(b),
Florida Statutes).
g. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216, Florida Statutes. If the Department
determines that the performance of the Recipient is unsatisfactory, the
Department shall notify the Recipient of the deficiency to be corrected, which
correction shall be made within a time frame to be specified by the Department.
The Recipient shall, within five days after notice from the Department, provide
the Department with a corrective action plan describing how the Recipient will
2
Page 67 of 163
address all issues of contract non-performance, unacceptable performance, failure
to meet the minimum performance levels, deliverable deficiencies, or contract
non-compliance. If the corrective action plan is unacceptable to the Department,
the Recipient shall be assessed a non-performance retainage equivalent to I 0% of
the total invoice amount. The retainage shall be applied to the invoice for the
then-current billing period. The retainage shall be withheld until the Recipient
resolves the deficiency. If the deficiency is subsequently resolved, the Recipient
may bill the Department for the retained amount during the next billing period. If
the Recipient is unable to resolve the deficiency, the funds retained may be
forfeited at the end of the Agreement's term.
h. The Recipient should be aware of the following time frames. Upon receipt of an
invoice, the Department has twenty (20) days to inspect and approve the goods
and services. The Department has twenty (20) days to deliver a request for
payment (voucher) to the Department of Financial Services. The twenty (20)
days are measured from the latter of the date the invoice is received or the goods
or services are received, inspected and approved. If a payment is not available
within forty ( 40) days, a separate interest penalty at a rate as established pursuant
to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the
invoice amount, to the Recipient. Interest penalties of less than one dollar ($1 .00)
will not be enforced unless the Recipient requests payment. Invoices which have
to be returned to the Recipient because of Recipient preparation errors will result
in a delay in the payment. The invoice payment requirements do not start until a
properly completed invoice is provided to the Department. A Vendor
Ombudsman has been established within the Department of Financial Services.
The duties of this individual include acting as an advocate for entities who may be
experiencing problems in obtaining timely payment(s) from a state agency. The
Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the
Division of Consumer Services at (877) 693-5236.
i. Records of costs incurred under terms of this Agreement shall be maintained and
made available upon request to the Department at all times during the period of
this Agreement and for five years after final payment is made. Copies of these
documents and records shall be furnished to the Department upon request.
Records of costs incurred include the Recipient's general accounting records and
the project records, together with supporting documents and records, of the
Recipient and all subcontractors performing work on the project, and all other
records of the Recipient and subcontractors considered necessary by the
Department for a proper audit costs.
j. Upon request, the Recipient agrees to provide progress reports to the Department
in the standard format used by the Department and at intervals established by the
Department. The Department will be entitled at all times to be advised, at its
request, as to the status of the Project and of details thereof. Either party to the
Agreement may request and shall, within a reasonable time thereafter, be granted
a conference with the other party.
k. In the event this Agreement is in excess of $25,000.00 and a term for a period of
more than one (1) year, the provisions of Section 339.135(6)(a), Florida Statutes,
are incorporated as follows:
3
Page 68 of 163
"The Department, during any fiscal year, shall not expend money,
incur any liability, or enter into any contract which, by its terms,
involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year.
Any contract, verbal or written, made in violation of this
subsection is null and void, and no money may be paid on such
contract. The Department shall require a statement from the
Comptroller of the Department that funds are available prior to
entering into any such contract or other binding commitment of
funds. Nothing herein contained shall prevent the making of
contracts for periods exceeding one (1) year, but any contract so
made shall be executory only for the value of the services to be
rendered or agreed to be paid for in succeeding fiscal years; and
this paragraph shall be incorporated verbatim in all contracts of
the Department which are for an amount in excess of $25,000.00
and which have a term for a period of more than one (I) year."
I. The Department's obligation to pay under this Agreement is contingent upon an
annual appropriation by the Florida Legislature.
m. All costs charged to the Project and the grant match of in kind services shall be
supported by properly executed payrolls, time records, invoices, contracts, or
vouchers evidencing in proper detail the nature and propriety of the charges.
n. Any Project funds made available by the Department pursuant to this Agreement
which are determined by the Department to have been expended by the Recipient
in violation of this Agreement or any other applicable law or regulation shall be
promptly refunded in full to the Department. Acceptance by the Department of
any documentation or certifications, mandatory or otherwise permitted, that the
Recipient files shall not constitute a waiver of the Department's rights as the
funding agency to verify all information at a later date by audit or investigation.
5. The administration of resources awarded through the Department to the Recipient by this
Agreement may be subject to audits and/or monitoring by the Department. The following
requirements do not limit the authority of the Department to conduct or arrange for the
conduct of additional audits or evaluations of state fmancial assistance or limit the
authority of any state agency inspector general, the Auditor General, or any other state
official. The Recipient shall comply with all audit and audit reporting requirements as
specified below.
a. In addition to reviews of audits conducted in accordance with Section 215.97,
Florida Statutes, monitoring procedures may include, but not be limited to, on-site
visits by Department staff, and/or other procedures. By entering into this
Agreement, the Recipient agrees to comply and cooperate fully with any
monitoring procedures/processes deemed appropriate by the Department. The
Recipient further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the state Chief Financial Officer
(CFO) or Auditor General.
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b. The Recipient, as a non-state entity as defined by Section 215.97(2)(m), Florida
Statutes, and as a recipient of state financial assistance awarded by the
Department through this Agreement is subject to the following requirements:
i. In the event that the Recipient expends a total amount of state financial
assistance equal to or in excess of the threshold established by Section
215.97, Florida Statutes, in any fiscal year of the Recipient, the Recipient
must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes; applicable rules of the
Department of Financial Services; and Chapters 10.550 (local
governmental entities) or 10.650 (non-profit and for-profit organizations),
Rules of the Auditor General. Exhibit "B" to this Agreement provides the
specific state financial assistance information awarded through the
Department by this Agreement needed by the Recipient to further comply
with the requirements of Section 215.97, Florida Statutes. In determining
the state financial assistance expended in a fiscal year, the Recipient shall
consider all sources of state financial assistance, including state financial
assistance received from the Department, other state agencies, and other
non-state entities. State financial assistance does not include Federal
direct or pass-through awards and resources received by a non-state entity
for Federal program matching requirements.
ii. In connection with the audit requirements, the Recipient shall ensure that
the audit complies with the requirements of Section 215.97(8), Florida
Statutes. This includes submission of a financial reporting package as
defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550
(local government entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General.
iii. If the Recipient expends less than the threshold established by Section
215.97, Florida Statutes, in state financial assistance in a fiscal year, an
audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required; however, the Recipient must provide to
the Department a certification of exemption to
FDOTSingleAudit@dot.state.fl.us no later than 9 months after the end of
the Recipient's fiscal year for each applicable audit year. In the event that
the Recipient expends less than the threshold established by Section
215.97, Florida Statutes, in state fmancial assistance in a fiscal year and
elects to have an audit conducted in accordance with the provisions of
Section 215 .97, Florida Statutes, the cost of the audit must be paid from
the Recipient's resources (i.e., the cost of such an audit must be paid from
the Recipient's resources obtained from other than State entities).
iv. Copies of financial reporting packages required by this Agreement shall be
submitted to:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, FL 32399-0405
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Email: FDOTSingleAudit@dot.state. fl . us
and
State of florida Auditor General
Local Government Audits/342
Ill West Madison Street, Room 401
Tallahassee, FL 32399-1450
Email: flaudgen localgovt@aud.state.fl.us
v. Any copies of financial reporting packages, reports, or other information
required to be submitted to the Department shall be submitted timely in
accordance with Section 215.97, Florida Statutes, and Chapters l 0.550
(local governmental entities) or 10.650 (non-profit and for-profit
organizations), Rules of the Auditor General, as applicable.
vi. The Recipient, when submitting financial reporting packages to the
Department for audits done in accordance with Chapters 10.550 (local
governmental entities) or l 0.650 (non-profit and for-profit organizations),
Rules of the Auditor General, should indicate the date the reporting
package was delivered to the Recipient in correspondence accompanying
the reporting package.
vii. Upon receipt, and within 6 months, the Department shall review the
Recipient's financial reporting package, including the management letters
and corrective action plans, to the extent necessary to determine whether
timely and appropriate corrective action has been taken with respect to
audit fmdings and recommendations pertaining to the state financial
assistance provided through the Department by this Agreement. If the
Recipient fails to have an audit conducted consistent with Section 215.97,
Florida Statutes, the Department may take appropriate corrective action to
enforce compliance, in accordance with Section 215.97(8Xl), Florida
Statutes.
viii. As a condition of receiving state financial assistance, the Recipient shall
allow the Department, or its designee, the CFO or Auditor General access
to the Recipient's records, including project records, and the independent
auditor's working papers as necessary. Records related to unresolved audit
findings, appeals, or litigation shall be retained until the action is complete
or the dispute is resolved.
c. The Recipient shall retain sufficient records demonstrating its compliance with
the terms of this Agreement for a period of five years from the date the audit
report is issued, and shall allow the Department, or its designee, the CFO or
Auditor General access to such records upon request. The Recipient shall ensure
that the audit working papers are made available to the Department, or its
designee, the CFO, or Auditor General upon request for a period of five years
from the date the audit report is issued, unless extended in writing by the
Department.
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6. The Recipient shall permit, and shall require its contractors and subcontractors to permit,
the Department's authorized representatives to inspect all work, materials, payrolls, and
records, and to audit the books, records, and accounts pertaining to the fmancing and
development of the Project.
7. The Recipient shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
Recipient in conjunction with this Agreement. Specifically, if the Recipient is acting on
behalf of a public agency the Recipient shall:
a. Keep and maintain public records that ordinarily and necessarily would be
required by the Department in order to perform the services being performed by
the Recipient.
b. Provide the public with access to public records on the same terms and conditions
that the Department would provide the records and at a cost that does not exceed
the cost provided in chapter 119, Florida Statutes, or as otherwise provided by
law.
c. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d. Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Recipient upon termination of
the contract and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. All records
stored electronically must be provided to the Department in a format that is
compatible with the information technology systems of the Department.
Failure by the Recipient to grant such public access shall be grounds for immediate
unilateral cancellation of this Agreement by the Department. The Recipient shall
promptly provide the Department with a copy of any request to inspect or copy public
records in possession of the Recipient and shall promptly provide the Department a copy
of the Recipient's response to each such request.
8. The Recipient shall comply with all federal, state and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work under
this Agreement
9. The Recipient affirms that it is aware of the provisions of Section 287.133(2)(a), Florida
Statutes. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity; may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work; may not
submit bids on leases of real property to a public entity; may not be awarded or perform
work as a contractor; supplier, subcontractor or consultant under a contract with any
public entity; and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
for a period of thirty six (36) months from the date of being placed on the convicted
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vendor list. The Recipient agrees that it shall not violate Section 287.133(2)(a), Florida
Statutes, and further acknowledges and agrees that any conviction during the term of this
Agreement may result in the termination of this Agreement.
I 0. The Department shall consider the employment by any contractor of unauthorized aliens
a violation of Section 274A(e) of the Immigration and Nationality Act. If the Recipient
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Agreement.
II. The Recipient will not discriminate against any employee employed in the performance
of this Agreement, or against any applicant for employment because of age, ethnicity,
race, religious belief, disability, national origin, or sex. The Recipient shall provide a
harassment-free workplace, with any allegation of harassment given priority attention and
action by management. The Recipient shall insert similar provisions in all contracts and
subcontracts for services by this Agreement. The Recipient affirms that it is aware of the
provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been
placed on the discriminatory vendor list may not submit a bid on a contract to provide
any goods or services to a public entity; may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work; may not submit
bids on leases of real property to a public entity; may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
entity; and may not transact business with any public Recipient. The Recipient further
agrees that it shall not violate Section 287.l34(2)(a), Florida Statutes, and acknowledges
and agrees that placement on the list during the term of this Agreement may result in the
termination of this Agreement.
12. The Recipient shall indemnity, defend, save, and hold harmless the Department and all of
its officers, agents, or employees from liabilities, damages, losses, and costs, including,
but not limited to, reasonable attorneys fees, to the extent caused by negligence,
recklessness, or intentional wrongful misconduct of the Recipient and persons employed
or utilized by the Recipient in the performance of this Agreement. Neither the Recipient
nor any of its officers, agents, employees, contractors/subcontractors, consultants/sub
consultants will be liable under this section for the negligence of the Department or any
of its officers, agents or employees. It is specifically agreed between the parties
executing this Agreement that it is not intended by any of the provisions of any part of
the Agreement to create in the public or any member thereof, a third party beneficiary
under this Agreement, or to authorize anyone not a party to this Agreement to maintain a
suit for personal injuries or property damage pursuant to the terms or provisions of this
Agreement. The Recipient guaranties the payment of all just claims for materials,
supplies, tools, or labor and other just claims against the Recipient or any subcontractor,
in connection with this Agreement. Additionally, the Recipient agrees to include the
following indemnification in all contracts with contractors/subcontractors, or
consultants/sub consultants who perform work in connection with this Agreement.
"The contractor/consultant shall indemnity, defend, save, and hold
harmless the Florida Department of Transportation and all its officers,
agents or employees from all suits, actions, claims, demands, or liability of
any nature whatsoever arising out of, because of, by any negligent act, or
by any occurrence of omission or commission of the acts, by its officers,
agents or employees. Neither the contractor/consultant, nor any of its
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officers, agents, or employees will be liable under this section for damages
arising out of injury or damage to persons or property directly caused or
resulting from the negligence of the Florida Department of Transportation
or any of its officers, agents or employees."
13. The Recipient shall carry and keep in force, during the term of this Agreement, a general
liability insurance policy or policies with a company or companies authorized to do
business in Florida, affording public liability insurance with combined bodily injury
limits of at least $200,000 per person and $300,000 each occurrence, and property
damage insurance of at least $200,000 each occurrence, for the services to be rendered in
accordance with this Agreement. The Recipient shall also carry and keep in force
Workers' Compensation Insurance as required by the State of Florida under the Workers'
Compensation Law. With respect to any general liability insurance policy required
pursuant to this Agreement, all such policies shall be issued by companies licensed to do
business in the State of Florida. The Recipient shall provide to the Department
certificates showing the required coverage to be in effect with endorsements showing the
Department to be an additional insured prior to commencing any work under this
Agreement. Policies that include Self Insured Retention will not be accepted. The
certificates and policies shall provide that in the event of any material change in or
cancellation of the policies reflecting the required coverage, thirty days advance notice
shall be given to the Department or as provided in accordance with Florida law.
14. No funds received pursuant to this Agreement may be expended for the purpose of
lobbying the Florida Legislature, the judicial branch, or any state agency, in accordance
with Section 216.347, Florida Statutes.
15. The Recipient and the Department agree that the Recipient, its employees and its
subcontractors are not agents of the Department as a result of this Agreement.
16. This Agreement may be canceled by the Department in whole or in part at any time the
interest of the Department requires such termination. The Department also reserves the
right to seek termination or cancellation of the Agreement in the event the Recipient shall
be placed in either voluntary or involuntary bankruptcy. The Department further reserves
the right to terminate or cancel this Agreement in the event an assignment is made for the
benefit of creditors. This Agreement may be canceled by the Recipient upon sixty (60)
days written notice to the Department. If the Agreement is terminated before
performance is completed, the Recipient shall be paid only for that work satisfactorily
performed for which costs can be substantiated.
17. The Recipient shall not assign, sublicense, or otherwise transfer its rights, duties, or
obligations under this Agreement without the prior written consent of the Department,
which consent will not be unreasonably withheld. Any assignment, sublicense, or transfer
occurring without the required written approval will be null and void. The Department
will at all times be entitled to assign or transfer its rights, duties, or obligations under this
Agreement to another governmental agency in the State of Florida, upon giving prior
written notice to the Recipient. In the event that the Department approves transfer of the
Recipient's obligations, the Recipient remains responsible for all work performed and all
expenses incurred in connection with this Agreement.
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18. All notices pertaining to this Agreement are in effect upon receipt by either party, shall be
in writing, and shall be transmitted either by personal hand delivery; United States Post
Office, return receipt requested; overnight express mail delivery, email, or facsimile. The
addresses and the contact persons set forth below for the respective parties shall be the
places where notices shall be sent, unless prior written notice of change of address is
given.
TO DEPARTMENT:
Florida Department of Transportation
605 Suwannee Street, Mail Station 61
Tallahassee, Florida 32399-0405
Attention: Project Manager
TO RECIPIENT:
City of Miami Gardens/Keep Miami
Gardens Beautiful Program
1 050 NW 163 rd Drive
Miami Gardens, Fl. 3 3169
19. All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in
any gender shall extend to and include all genders.
20. This Agreement shall not be renewed.
21 . This Agreement shall not be construed to grant any third party rights.
22. In no event shall the making by the Department of any payment to the Recipient
constitutes or be construed as a waiver by the Department of any breach of covenant or
any default which may then exist on the part of the Recipient, and the making of such
payment by the Department while any such breach or default shall exist shall in no way
impair or prejudice any right or remedy available to the Department with respect to such
breach or default.
23. This Agreement embodies the entire agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained in this Agreement. This
Agreement supersedes all previous communication, representation, or agreement, either
verbal or written, between the parties. No amendment will be effective unless reduced to
writing and signed by an authorized officer of the Recipient and the authorized officer of
the Department or his/her delegate.
24. If any part of this Agreement shall be determined to be invalid or unenforceable by a
court of competent jurisdiction, or by any other legally constituted body having the
jurisdiction to make such determination, the remainder of this Agreement thus remains in
full force and effect provided that the part of this Agreement thus invalidated or declared
unenforceable is not material to the intended operation of this Agreement.
25 . This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida. Venue for any action arising out of this Agreement shall be in Leon
County, Florida.
26. Time is of the essence as to each and every obligation under this Agreement.
27. The Department and the Recipient acknowledge and agree to the following:
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i. The Recipient shall utilize the U.S. Department of Homeland Security's E-
Verify system to verify the employment eligibility of all new employees
hired by the Recipient during the term of the contract; and
ii. The Recipient shall expressly require any contractors and subcontractors
performing work or providing services pursuant to the state contract to
likewise utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by
the contractor/subcontractor during the contract term.
28. This Agreement may be executed in duplicate originals.
The remainder of this page intentionally left blank.
II
Page 76 of 163
IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) below.
STATE OF FLORIDA
City of Miami Gardens/Keep Miami DEPARTMENT OF TRANSPORTATION
Gardens Beautiful Program 7J /
BY: ~-BY:
Tide: _________________ _
Print Name. _____________ __
Witness:----------------
Title:--------------------
Print Name. _________________ _
--------------------------Brian Blanchard, P.E., Assistant Secretary
for Engineering and Operations
Date:. ____________________ __
Legal Review:
See attached encumbrance form for date of
funding approval by Comptroller
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EXHIBIT "A"
l.O SERVICE OBJECTIVE: The Recipient shall assist the Department m meeting the
objectives below:
A. Implementing, administering and promoting the GAC I Drive It Home-Keep Our
Paradise Litter Free (DIH-KOPLF) Trash-Off in conjunction with the National Great
American Cleanup within the local community.
B. Implementing, administering and promoting Litter Prevention Education within the local
community.
C. Promoting and securing Adopt-A-Highway participation in the local Keep America
Beautiful (KAB) Systems communities and events.
D. Implementing, administering and promoting a minimum of three (3) additional Program
Activity Options as specified and agreed upon in Exhibit "D".
E. Maintaining a website as specified.
F. Supporting the Department's litter prevention education programs through the
Recipient's public information, public affairs, and volunteer service programs.
G. Maintain KAB Certified System status during the Agreement period.
H. Employing a part or full-time program manager during the Agreement period.
I. Functioning as a public/private partnership with a working Board of Directors.
J. Match Department funds as provided in this Agreement at a ratio of 1:1, as specified.
2.0 DESCRIPTION OF SERVICES: The Recipient shall perform the following services:
A. The DIH-KOPLF Trash-Off in conjunction with the National Great American Cleanup
(GAC) is an annual event, held each March, April and May with the purpose of bringing
a coordinated effort towards cleaning up local communities within the state. The
Recipient shall be the local community coordinator for this event. The Recipient shall
include appropriate inclusion in Recipient's publications, arrange informational meetings
and media releases necessary to increase local participation at this annual event.
Recipient shall include the official logo of the Department's DIH-KOPLF campaign on
all material. The Recipient shall provide Department with a copy of the KAB DIH-
KOPLF Trash-Off National Great American Cleanup wrap-up report as part of the
reporting requirements.
B. The Recipient shall conduct Litter Prevention Education workshops I seminars and other
educational presentations within the local community. Every effort will be made by the
Recipient to utilize already approved and established KAB educational material, as well
as environmental education material recommended in the Environmental Protection
Agency (EPA) publication, "Environmental Education Materials Guidelines for
Excellence". The Recipient, when possible, will include the official Department logo on
all printed educational material. The Recipient shall supply Department with original
copies of all educational material purchased or developed with Department funds.
c. The Recipient shall assist Department at the local community level with the State's
Adopt-A-Highway education program. The Recipient shall assist Department in
increasing participation at the local level, and shall include local Adopt-A-Highway
participants in KAB systems program activities and mail-outs.
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D. The Recipient agrees to conduct I complete all Program Activity Options as contained in
Exhibit "D". The Recipient shall submit a Program Activity Progress Report, on a
quarterly basis to the Department, as part of the reporting requirements.
E. The Recipient shall maintain a website. Department funds may be used to create, post to,
and maintain said website. Said website at a minimum must contain the current:
1. KAB Systems Board of Directors and Executive Committee Members
ii. KAB Systems Executive Director's name and title
iii. KAB Systems street address and mailing address
iv. KAB Systems e-mail address and website address
v. KAB Systems calendar of events
vi. KAB Systems 201312014 Annual Report , if applicable
vii. KAB Systems 2014 GAC Report, if applicable
viii. Governor and Lt. Governor's names
ix. State of Florida official website address ( www.myflorida.com)
x. KAB logo may be displayed, and link provided
xi. FDOT logo must be displayed
xii. DIH-KOPLF Jog must be displayed, and link provided
xiii. FDOT State Adopt-A-Highway web link:
(www.dot.state.fl .us/statemaintenanceoffice or current) and Statewide Litter-
Hotline number: 1-800-BAN-LITT (er) I 1-800-226-5488
xiv. Current Year Dollar Benefits Meter ($Donations + $Volunteer Hrs + $Staff
Support = total $ LDB).
xv. Historical Cumulative Years Dollar Benefits Meter ($Donations+ $Volunteer
Hrs + $Staff Support = total $ LDB).
xv1. Current Years Cost Benefit Ratio [Example: ($1.00: $16.00)].
xvii. Historical Cumulative Years Cost Benefit Ratio [Example: ($1.00: $160.00)].
F. The Recipient shall support the Department's litter prevention education programs
through the Recipient's normal network of seminars, speeches, newsletter, educational
programs, web sites, social media, conferences, and other communication activities.
G. The Recipient, during the Agreement period, is required to maintain its KAB Certified
System status. If the Recipient is declared to be de-certified by KAB, Inc., the Recipient
may be subject to immediate cancellation of this Agreement.
H. The Recipient, during this Agreement period, is required to employ a part time or full
time program manager (Executive Director). If the Recipient experiences a vacancy in
this position, they are required to immediately notify Department so as not be found in
default. Department will reserve the right to cancel or continue this Agreement based on
the duration of the vacancy and ability of Recipient to fulfill this Agreement.
1. The Recipient, during this Agreement period, is required to maintain a working Board of
Directors. The Recipient shall submit to Department a complete listing of the members
of the Board of Directors. Said list shall contain the names, e-mail addresses, phone
numbers and affiliation of each board member. Said list shall identify the President,
Vice-President, Secretary, and Treasurer of the organization. The Recipient shall submit
copies of the minutes of the Board of Directors meetings to Department as part of their
required reporting.
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J. The Recipient is required to match all Department funds awarded under this Agreement,
at a I: I ratio. All matching funds and in-kind donations must be documented and
included as a part of the Recipient's required quarterly reporting.
K. The Recipient may use Microsoft Office Professional XP and Internet explorer when
meeting the requirements of this Agreement.
3.0 SCHEDULE OF WORK: The Recipient shall submit ~o Department for review progress
reports of activities within 15 days of the end of each report period as part of its reporting
requirements. For the purposes of this Agreement, progress report due dates are: February 15.
2015, March 31.2015, and June 15.2015. All receipts will be dated on or before June 30,2015.
The Final DepartmentiKABS Annual Report which includes, but is not limited to, the sununary
and receipts totaling grant amount, the grant match with summary and supporting
documentation, the listing of all in-kind documentation, the KAB 20 14 Great American Clean-up
Report, KAB 2014 System's Annual Report, and the summary of projects as provided for in
Exhibit "D", is due on or before September 30, 2015. (Please submit your Final Annual
DepartmentiKABS Report in a 3 ring binder with an index or an electronic submittal may be
accepted upon approval by the Department's Project Manager).
4.0 PRINTING:
A. No printing for the sole use of Department will be done under this Agreement. The
Recipient shall be responsible for obtaining all printing required to accomplish this
Agreement through their normal channels.
B. All purchases of printing in excess of $1000 require a minimum of three written bids.
The Recipient shall use reasonable efforts to include at least one bid from a Minority
Business Enterprise (MBE). The Recipient shall retain documentation of competitive
bids.
c. All printed materials produced under this Agreement with the use of Department funds,
in full or part, shall contain the following language in no less than a 1 Opt font. "The
printing of this material has been made possible through funds provided by the Florida
Department of Transportation". All material printed with the use of Department funds
shall display the official Department logo and DIH-KOPLF logo.
5.0 COMPENSATION:
A. The compensation for this service shall not exceed $15,000.00. The Recipient shall not
perform services in excess of the amount until advised in writing by the Department that
additional funds have been made available and encumbered. Approved costs incurred by
the Recipient during the contract period shall be in accordance with the following:
1. All direction, art work, training materials development, training, special
events coordination or organization, and program promotion shall be on an
hourly basis in accordance with Recipient's expended time toward completion
of each project.
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ii. The Recipient shall provide hourly rates for each project. The Recipient's
hourly rate will be multiplied by the hours reported by the employee to arrive
at the cost for work performed during submission period. The rate of $15.00
per hour shall be considered the maximum allowable hourly rate.
iii. The cost of services rendered or materials produced by sub-contractors not a
part of the Recipient's organization, (out of house expenditures) shall be at
actual cost.
iv. All long-distance telephone calls, mailing, shipping and photocopying shall be
at actual cost.
v. The Recipient shall submit their request for reimbursement to the address
indicated for notice to the Department in Paragraph 18 of the Agreement. All
reimbursement requests will be submitted no later than June 30, 20 15 for this
grant. The request shall include the following support documentation:
l. Paid invoices and receipts for purchases of all services
2. Paid invoices for outside or out of house expenditures
3. Paid invoices and receipts for other direct costs
4. Copies of cancelled checks
5. One Page Quarterly (as noted in 3.0) & cumulative Progress
Report Summary
B. The Department's Request for Reimbursement Form will be used to document
expenditures incurred as payment was made in advance of incurring costs.
6.0 INELIGIBLE EXPENDITURES I ACTIVITIES
A. Purchase, lease or other costs associated with personal cell phones, pagers, beepers and
personal e-mail addresses are not an acceptable expenditure under this Agreement.
B. No funds will be used for construction projects.
c. Department funds may not be used to cover in part or full, costs direct or indirect, of
fundraising activities or fundraising events.
D. No reimbursement will be made for partial per diem for non-overnight travel.
E. No reimbursement will be made for tips, gratuities, alcohol, valet parking, or any
purchases not directly related to the purpose of the travel.
F. No reimbursement will be made for food or drink items.
7.0 DISPUTES: The Recipient shall be responsible for the settlement of any contractual or
administrative disputes arising out of the subcontracts entered into in support of the
contract work.
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EXHIBIT "B"
STATE FINANCIAL ASSISTANCE
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING:
SUBJECT TO SECTION 215.97, FLORIDA STATUTES:
Awarding Ageacy: Florida Department of Transportation
State Project Title: Highway Beautification Grants-Keep Florida Beautiful
CSFA Number: 55.003
Award Amouot: $15,000
Specific information for CSF A Number 55.003 is
https://apps.fldfs.com/fsaalsearchCatalog.aspx
provided at:
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES
AW ARQED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS:
Compliance requirements for CSFA Number 55 .003 are provided at:
https://apps.tldfs.com/fsaalsearchCompliance.aspx
17
Page 82 of 163
Page 83 of 163
EXHIBIT "D"
FLORIDA DEPARTMENT OF TRANSPORTATION
PROGRAM ACfiVITY OPTIONS
Please check the activities that your affiliate will conduct at the local level during the
grant period ending September 30, 2015. The applicant must identify a minimum of 3
additional activities, which will be comple_ted during the funding period for a total of 7
activities. Return this completed form with your proposal application. If awarded funds,
this attactvnent will become a part of the Agreement. Already checked 4 activities are
required components, and cannot be counted towards the required 3 additional
activities. All 7 programs must be conducted within your local communities. "
_£__ GAC & DIH-KOPLF Trash-Off (Mar/ April)( required) __ Litter prevention education PSA 's
_£__Litter preventi.on community presentations (required) __ Adopt-A-Spot
_£__State Adopt-A-Highway promotion (required) __ Adopt-A-Medium
_£__ 2015 KAB Award Submission (required) __L_ Local Adopt-A-Road (County)
Local Adopt-A-Street (City) __ Clean Builders program
--Electronic Recycling partnership with SWIX __ Litter receptacle placement
America Recycles Day Activities (November) __ Christmas tree Recycling (Dec)
_L Local Litter Hotline __ Litter ordinance improvements
Environmental court Waste in Workplace education
Local Litter enforcement programs --Graffiti abatement
--Graffiti Hurts workshops I program implementation __ Neighborhood improvement programs
--Litter free events __ Business I School Recycling
_L_ Community gardens __ MSW community presentations
Recycling I reuse projects I programs __ Composting
--Local Waste exchange __ "Get a Grip" video presentation
= Recyclables collection program I special projects __ Charge up to Recycle presentations
Close the Loop/Buy Recycled presentations __ Illegal dumping abatement
--Illegal dumping hotline _L Tree planting reforestation projects
--Recycling education __ School Programs/Educational Fairs
--Marine Debris abatement programs/projects Other
=Adopt-A-Shore (Assist)
Page 84 of 163
EXHIBIT"E"
Florida Department ofTransportation GRANT REPORTING FORM
Dates through ( ___ Period)
RECIPIENT Name· Citv of Miami Gard s/Keeo M' I G d & n I '" Ill!! ar w !U • ... Y
Approved Amount Used Budget Total All Prior Category Annual Quarten Expenditures
Salaries (Max. $15.00 Hr.: E.D. Only)
Insurance
2015 Annual Report
Rent I Utilities Matcb Onlv
Accountin~t ($300.00 Max.)
PhonelceiVInt. access ($600.00 Max.)
Office Equipment• •
Office Sunplies
DIH-KOPLf Program Materials
(No Drink/food) $3,000.00 Min.***
Advertisin.~t
PrintinJt
Travel ($1,000.00 Max.)
Internet I Social Media Web-site
Support ($2,500.00 Max.)
KABDues
Column Total
•• Please note property purchased With fOOT funds on separate paper.
••• Project Materials-prior approval needed by fOOT Project Manager.
G tA ran taoun:
Amount
UsedTbls
Quarter
Authorized/Submitted by:-------Date:--------
Approved by: Date:--------
s
Remaining
Balance
LOCAL PROGRAM ACTIVITIES: Thi1 O!arter All Contract Period to Date
Total number of Adopt·A· Groups: __
Total number of groups• conducting liner cleanups: __
Total number of volunteer• hours for liner removal:
Total pounds oflitter•collected:
Total number of volunteer• hours for other activities:
0inclusive of all pic/cup activities for your organization
Total dollar amount ofcost benefiu In local comMunity:
. Volunteer dollar benefit ___ hours x $7.93 = $ cost benefit
-Litter dollar benefit: _pounds divided by 2,000 = __ tons
-__ Tons x local tipping fee of S __per ton = $ ___ cost benefit
Total cost benefiu: (grut award match requires supporting documentation)
Volunteer Hours:
Litter dollars:
s __
$ __
s __
$ __
s __
s __
$ __
$ __
$ __
$ __
In-Kind dollars
Cash contributions
Other cash funding
Total cost benefits
Total cost benefits
Total cost Benefit
S ___ lFor this quarter)
$ ___ (All qtrs. to date for contract period)
S ___ (Since date of program inception)
Date:. ________ _ KAB Affiliate:------------
20
Page 85 of 163
TO: MT954SA8dot.atate.fl.ua
SUBJJICT: PtJNDS APPROVAL/REVIEWBD POR CONTRACT ARP12
STATE OP FLORIDA DEPARTMENT OP TRANSPORTATION
PtJNDS APPROVAL
Contract IARP12 Contract Type:
Vendor N-a: CITY OP IIIAMI GA
Vendor ID: VP113695944001
Method of Procurement:
Beginning data of tbia Agmt: 11/17/14
Ending data of tbia Agat: 09/30/15
••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
ORG-CODB *EO *OBJECT *AMOUNT *PIN PROJECT *PCT *CPDA
(FISCAL YEAR)
AMIDlDMKNT ID
*BUDGET ENTITY *CATEGORY/CAT YEAR
*SBQ. *OSER ASSIGNED ID *BNC LINB(6S)/STATOS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Action: ORIGINAL PUnda bava bean: APPROVBD
55 621000954 *OK *750003 *
2015 *55150200
0001 *00 *
TOTAL AMOUNT : *$
15000.00 *40975027401 *215 *
*088850/15
*0001/04
15,000.00 *
PtJNDS APPROVBD/REV:tBWED POR ROBIN 11. NAITOVB, CPA, COMPTROLLER
DATB: 11/21/2014
Page 86 of 163
18605 NW 27th Avenue,
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
Stormwater FundAdvertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:ITB# 14-15-008 NW 177th
Terrace Drainage
Improvements
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image X
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Goals: Improve City infrastructure
X
Sponsor Name
Cameron Benson
City Manager
Department:Development Services /
Engineering
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA
AWARDING A BID TO METRO EXPRESS, INC., IN THE AMOUNT OF TWO HUNDRED
FORTY-EIGHT THOUSAND, NINE HUNDRED EIGHTY-FIVE DOLLARS AND 99/100
($248,985.99), FOR CONSTRUCTION OF THE NW 177/NW 178 TERRACE STORMWATER
DRAINAGE PROJECT; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH METRO
EXPRESS, INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE
Staff Summary:
Due to resident complaints about flooding on NW 177th Terrace and NW 178th Terrace between NW 24th
and NW 25th Avenue, it was determined that drainage improvements will be necessary to alleviate
flooding. Design and specifications were prepared by A&P Consulting Engineers. The drainage
improvements will consist of construction of french drains, catch basins as well as improvements to the
roadway, swales, sidewalks and ADA ramps.
Item K-9) Consent Agenda
Resolution
Agreement-Metro Express, Inc.
Page 87 of 163
18605 NW 27th Avenue,
Miami Gardens, Florida 33056
ITB# 14-15-008 was advertised on December 1, 2014 and bids were received on Jan 8 2015 (see
attached tabulation sheet). Bids were evaluated for compliance with the specifications and their ability
to perform the work. Staff checked references of the apparent low bidder for past performances,
finances, and insurances. The apparent low bidder has successfully completed projects for the City in
the past, the finances are in order, and insurance is sufficient.
Funding for this project is from the City’s stormwater budget. A copy of the proposal document and
submittals are available at the Mayor and Council’s Office for review.
Proposed Action:
That City Council approves the attached resolution authorizing the City Manager to execute the contract
for NW 177th Terrace Drainage Project in the amount of $ $248,985.99, which includes a ten percent
contingency, to Metro Express, Inc., located in Miami, Florida.
Attachment:
Attachment A – Tabulation
Attachment B - Agreement
Page 88 of 163
RESOLUTION NO. 2014____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, A RESOLUTION OF THE CITY COUNCIL OF 4
THE CITY OF MIAMI GARDENS, FLORIDA AWARDING A BID TO 5
METRO EXPRESS, INC., IN THE AMOUNT OF TWO HUNDRED 6
FORTY-EIGHT THOUSAND, NINE HUNDRED EIGHTY-FIVE DOLLARS 7
AND 99/100 ($248,985.99), FOR CONSTRUCTION OF THE NW 177/NW 8
178 TERRACE STORMWATER DRAINAGE PROJECT; AUTHORIZING 9
THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST 10
RESPECTIVELY, THAT CERTAIN AGREEMENT WITH METRO 11
EXPRESS, INC., A COPY OF WHICH IS ATTACHED HERETO AS 12
EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF 13
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE 14
15
16
WHEREAS, City staff has determined that repairs need to be made on NW 177th 17
Terrace and NW 178th Terrace between NW 24th and NW 25th Avenue, to alleviate 18
flooding, and 19
WHEREAS, ITB# 14-15-008 was advertised on December 1, 2014 and bids were 20
received on Jan 8 2015, and 21
WHEREAS, bids were evaluated for compliance with the specifications and their 22
ability to perform the work, and 23
WHEREAS, Metro Express Inc., is the apparent low bidder and has successfully 24
completed projects for the City in the past, 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
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31
hereby awards a bid to Metro Express, Inc., in the amount of Two Hundred Forty-Eight 32
Thousand, Nine Hundred Eighty-Five Dollars and 99/100 ($248,985.99), for 33
Page 89 of 163
2
construction of the N.W. 177/N.W. 178 Terrace stormwater drainage project. The City 34
Council further authorizes the City Manager and City Clerk to execute and attest 35
respectively, that certain Agreement with Metro Express, Inc., a copy of which is 36
attached hereto as exhibit “A. 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 ____________, 2014. 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, ESQ., CITY ATTORNEY 55
56
57
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 58
59
Moved by: __________________ 60
61
VOTE: _________ 62
63
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 64
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 65
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 66
Councilman David Williams Jr ____ (Yes) ____ (No) 67
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 68
Councilman Rodney Harris ____ (Yes) ____ (No) 69
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70
Page 90 of 163
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3
Construction Contract Page 1 of 9
NW 177th Terrace Drainage
CITY OF MIAMI GARDENS
CONSTRUCTION CONTRACT
THIS CONTRACT made as of this _______ day of ______________,20___, by and between
METRO EXPRESS, INC., hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI
GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY.
WITNESSETH, that whereas, the CITY has awarded to the CONTRACTOR the Work of
performing certain construction:
NOW, THEREFORE, the CITY and the CONTRACTOR, for consideration hereinafter named,
agree as follows:
ARTICLE 1. CONTRACT DOCUMENTS
1.1 Enumeration of Contract Documents:
The Contract Documents comprise the entire agreement between CITY and
CONTRACTOR and consist of the following:
(1) This Agreement and General Conditions (Exhibit 1)
(2) Construction performance bond.
(3) Construction payment bond.
(4) Insurance certificate(s).
(5) Notice of Award and Notice to Proceed.
(6) Invitation to Bid and the Specifications prepared by the CITY (Exhibit 2).
(7) CONTRACTOR's Response to the CITY's Invitation to Bid No. 14-15-008 dated
January 8, 2015, (Exhibit 3).
Any amendments executed by the CITY and the CONTRACTOR shall become part of
this Agreement. Documents not included in this Article do not, and shall not, form any
part of this Agreement. In the event of any conflict between the documents or any
ambiguity or missing specification or instruction, the following priority is established:
a. Specific direction from the City Manager (or designee).
b. This Agreement dated __________________ and any attachments.
c. Exhibit 1.
d. Exhibit 2.
e. Exhibit 3.
1.2 Conflict, Error or Discrepancy:
If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in
the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before
proceeding with the Work affected shall obtain a written interpretation or clarification from CITY.
1.3 Representation of CONTRACTOR:
Page 98 of 163
Construction Contract Page 2 of 9
NW 177th Terrace Drainage
Execution of the Contract by the CONTRACTOR is a representation that CONTRACTOR has
visited the Work site and is familiar with the local conditions under which the Work is to be
performed.
ARTICLE 2. SCOPE OF WORK
The CONTRACTOR hereby agrees to furnish all of the materials, tools, equipment, labor, services,
incidentals and everything necessary to perform; and shall perform, all of the Work, herein referred to as
Work in accordance with the Contract Documents.
ARTICLE 3. CONTRACT TIME
3.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRACTOR shall
commence scheduling activities and permit applications within five (5) calendar days after receipt of the
Notice of Award. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR’S
submission to CITY of all required documents including, but not limited to: Performance and Payment
Bonds, Insurance Certificates fully executed Contract.
3.1.1 The receipt of all necessary permits by CONTRACTOR and acceptance of the full construction
schedule in accordance with general terms and conditions section, submittal schedule and
schedule of values is a condition precedent to the issuance of the Notice to Proceed to mobilize
on the Project site and commence with the Work. The CONTRACTOR shall submit all necessary
documents required by this provision within ten (10) calendar days of the issuance of Notice of
Award.
3.2 The Work must begin within ten (10) calendar days from Notice to Proceed or the date fixed in the
Notice to Proceed, whichever is later, and shall be carried on at a rate to insure its substantially
completed within Ninety (90) calendar days from the issuance of the Notice to Proceed, completed and
ready for final payment in accordance with Article 6 within One Hundred Twenty (120) days from the date
certified by CITY as the date of Final Completion.
3.3 Upon failure of CONTRACTOR to substantially complete the WORK, herein referred to as
Substantial Completion, within the specified period of time, plus approved time extensions, if any,
CONTRACTOR shall pay to CITY the sum of Three Hundred Fifty Dollars ($350.00) for each calendar
day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial
Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work
within the time specified in Section 3.2 above, plus approved time extensions, if any, for completion and
readiness for final payment, CONTRACTOR shall pay to CITY the sum of Two Hundred Dollars ($200.00)
for each calendar day after the time specified in Section 3.2 above, plus any approved extensions, if any,
for completion and readiness for final payment. These amounts are not penalties, but are liquidated
damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated
damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely
Page 99 of 163
Construction Contract Page 3 of 9
NW 177th Terrace Drainage
ascertaining the amount of damages which the CITY will suffer as a result of the CONTRACTOR’S failure
to perform and that will be obviate a formal resolution concerning the amount of said damages and the
cost and effect of the failure of CONTRACTOR to complete the Contract as required hereunder.
The above-stated liquidated damages shall apply separately to each portion of the Project for
which a time for completion is given.
3.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work
under this Contract.
3.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for
all costs incurred by the Architect/Engineer in administering the construction of the WORK beyond the
completion date specified above, plus approved time extensions, if any. Architect/Engineer construction
costs shall be pursuant to the contract between CITY and Architect/Engineer, a copy of which is available
upon request of the CONTRACTOR. All such costs shall be deducted from the monies due
CONTRACTOR for performance of WORK by means of unilateral credit change orders issued by CITY,
as costs are incurred by Architect/Engineer and agreed to by CITY.
ARTICLE 4. COMPENSATION
CITY shall pay CONTRACTOR as full compensation for the all material, services, labor and
performance, including overhead and profit, associated with completion of all the Work in full conformity
with the requirements as stated or shown in the Contract Documents, the sum of Two Hundred Twenty-
Six Thousand Three Hundred Fifty dollars and ninety cents ($226,350.90).
ARTICLE 5. PROGRESS PAYMENTS
CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than
once a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract
Price as progress payments. The CONTRACTOR’S application shall show a complete breakdown of the
Project components as dictated by the CITY, including an updated Schedule of Values showing the
quantities completed and the amount requested, together with such supporting evidence as may be
required by the CITY. CONTRACTOR shall submit with each Application for Payment, an updated
progress schedule acceptable to the CITY as required by the General Conditions and a release of liens
relative to the Work which is the subject of the Application. Each Application for Payment shall be
submitted in triplicate to the CITY. The CITY shall make payment to the CONTRACTOR within thirty (30)
business days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of
an acceptable updated progress schedule.
Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained
by the CITY until Final Completion and acceptance by the CITY in accordance with the terms and
conditions stipulated in the Contract Documents.
Page 100 of 163
Construction Contract Page 4 of 9
NW 177th Terrace Drainage
The CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
a) Defective Work not remedied.
b) Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR.
c) Failure of CONTRACTOR to make payments properly to Sub-
Contractors or for material or labor.
d) Damage to another CONTRACTOR not remedied.
e) Liquidated damages, as well as costs incurred by the CITY for extended
construction administration.
When the above grounds are removed or resolved or CONTRACTOR
provides a surety bond or a consent of Surety, satisfactory to the CITY which will
protect the CITY in the amount withheld, payment may be made in whole or in
part.
ARTICLE 6. ACCEPTANCE AND FINAL PAYMENT
Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final
inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The
CONTRACTOR shall only receive payments if CITY finds the Work acceptable, the requisite documents
have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, the Architect/Engineer and CITY’S Representative will
submit a statement stating such to the CITY Manager.
Before the Final Payment, CONTRACTOR shall deliver to CITY a complete waiver of lien(s) or
release of all lien(s), as applicable, arising out of this Contract, or receipts in full for all Work; and an
Affidavit certifying that all suppliers and Sub-Contractors have been paid in full, and that all other
indebtedness connected with the Work has been paid.
The CITY may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
A. Defective Work not remedied.
B. Claims filed or reasonable evidence indicating probable filing of claims by other
parties against CONTRACTOR.
C. Failure of CONTRACTOR to make payments properly to Sub-Contractors or for
material or labor.
D. Damage to another CONTRACTOR not remedied.
E. Liquidated damages and costs incurred by CITY for extended construction
administration.
Page 101 of 163
Construction Contract Page 5 of 9
NW 177th Terrace Drainage
When the above grounds are removed or resolved satisfactorily to the CITY, payment may be
made.
Final payment constituting the entire unpaid balance of the Contract sum shall be paid by CITY to
the CONTRACTOR within thirty (30) days after completion of all Work, Contract fully performed and a
final certificate for payment has been issued by the CITY’S representative.
ARTICLE 7. MISCELLANEOUS
7.1 Conflict: Where there is a conflict between any provision set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to this Project, the more
stringent state or federal provision shall control.
7.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract.
Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of
CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers,
employees, agents, or subcontractors of the CITY, and CONTRACTOR shall be responsible for any
actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the
parties a partnership or joint venture.
7.3 Qualifications: CONTRACTOR, and the individual executing this Contract on behalf of the
CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole
proprietorship, etc.) in good standing, and that the CONTRACTOR has all the required licenses and
certifications of competency required by the State of Florida and the County of Miami-Dade to perform the
Work herein described. CONTRACTOR shall insure that all Sub-Contractors have all required licenses
and certifications of competency required by the State of Florida and the County of Miami-Dade to
perform the Work herein described.
7.4 Entire Contract – Modification: No statements, representations, warranties, either written or
oral, from whatever source arising, except as expressly stated in this Contract, shall have any legal
validity between the parties or be binding upon any of them. The parties acknowledge that this Contract
contains the entire understanding of the parties. No modifications hereof shall be effective unless made
in writing and executed by the parties hereto with the same formalities as this Contract is executed. If any
term in the CONTRACTOR’S proposal appears to be in direct or apparent conflict with the Contract, then
the terms of the Contract shall control.
7.5 Third Party Beneficiaries: Neither CONTRACTOR nor CITY intend to directly or substantially
benefit a third party by this Contract. The parties expressly acknowledge that it is not their intent to create
any rights or obligations in any third person or entity under this Contract Therefore, the parties agree that
there are no third-party beneficiaries to this Contract and that no third-party shall be entitled to assert a
claim against either of them based upon this Contract.
7.6 Notices: All notices required in this Contract shall be sent by certified mail, return receipt
requested and, if sent to the CITY shall be mailed to:
Page 102 of 163
Construction Contract Page 6 of 9
NW 177th Terrace Drainage
City of Miami Gardens
Attn: City Manager
18605 NW 27th Avenue
Miami Gardens, FL 33056
With a Copy to: City Attorney
C/O City of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, FL 33056
And if sent to the CONTRACTOR shall be mailed to:
Name: Metro Express Inc. Fed. ID# 65-0711071
Address: 9442 NW 109th Street Telephone # 305-885-1330
Address: Fax # 305-885-1327
City, State & Zip: Medley, FL 33178
Contact Person: Delio A. Trasobares Title: President
7.7 Assignment and Performance: Neither this Contract nor any interest herein shall be assigned,
transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion
of the Work required by this Contract except as authorized in the General Conditions. CONTRACTOR
represents that all persons delivering the services required by this Contract have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately and competently
perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform
such services to CITY'S satisfaction for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful
and respectable manner. The quality of CONTRACTOR'S performance and all interim and final
product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards.
7.8 Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement, duty,
and obligation set forth in these Contract Documents is substantial and important to the formation of this
Contract and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Contract
shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of
a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be
construed to be a modification of the terms of this Contract.
7.9 Severance: In the event a portion of this Contract is found by a court of competent jurisdiction to
be invalid, the remaining provisions shall continue to be effective, unless CITY or CONTRACTOR elects
to terminate this Contract. An election to terminate this Contract based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
7.10 Applicable Law and Venue: This Contract shall be enforceable in Miami-Dade County, Florida,
and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or
Page 103 of 163
Construction Contract Page 7 of 9
NW 177th Terrace Drainage
conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida.
By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either
party may have to a trial by jury of any civil litigation related to, or arising out of the Project.
CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract.
7.11 Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this
Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any
provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney’s
fees, expenses and court costs, including appellate fees incurred in that action or proceeding, in addition
to any other relief to which such party or parties may be entitled.
7.12 Amendments: No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with the same or similar
formality as this Contract and executed by the CITY and CONTRACTOR.
7.13 Prior Contracts: This document incorporates and includes all prior negotiations,
correspondence, conversations, Contracts, and understandings applicable to the matters contained
herein and the parties agree that there are no commitments, Contracts or understandings concerning the
subject matter of this Contract that are not contained in this document. Accordingly, the parties agree
that no deviation from the terms hereof shall be predicated upon any prior representations or Contracts,
whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or
conditions contained herein shall be effective unless set forth in writing in accordance with Section 6.11
Above.
7.14 Future Litigation: Contractor certifies that it shall notify the City within five (5) days of the receipt
of any claims, lawsuits, or actions filed against Contractor relating to any construction projects, work
or tasks either performed by Contractor or to be performed by Contractor.
7.15 Indemnification: Contractor shall indemnify and hold harmless the City and its officers,
employees, agents and instrumentalities and Miami-Dade County and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of
defense, which the City or its officers, employees, agents or instrumentalities and Miami-Dade County
and its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits,
causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the
performance of this Agreement by the Contractor or its employees, agents, servants, partners, principals
or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate
and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable,
including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue
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thereon. Contractor expressly understands and agrees that any insurance protection required by this
Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep
and save harmless and defend the City or its officers, employees, agents and instrumentalities and
Miami-Dade County and its officers, employees, agents and instrumentalities as herein provided. One
percent ( 1%) of the contract amount shall represent the consideration to be provided for this
indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity.
7.16 Compliance with Florida Public Records Laws. To the extent required by law, Contractor shall
comply with the public records laws in accordance with Chapter 119, Florida Statutes. Specifically,
Contractor agrees to comply with Section 119.0701, Florida Statutes. Public records shall mean all
documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or means of transmission,
made or received pursuant to law or ordinance or in connection with the transaction of official business by
any agency, as defined in Section 119.011, Florida Statutes, as amended. The City shall make the sole
determination of which records, if any, are exempt from inspection.
[The remainder of this page is intentionally left blank.]
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows:
WITNESSES: CONTRACTOR:
________________________________ By:_________________________________
Print Name:_______________________ Print Name: __________________________
Title:_______________________________
Notarization:
Seal:
ATTEST: CITY OF MIAMI GARDENS
________________________________ ___________________________
City Clerk City Manager
APPROVED AS TO FORM:
________________________________
CITY Attorney
Dated:
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
February 11, 2015Item Type:
(Enter X in box)
Resolution Ordinance Other
Ratifying
Union
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
General Fund /
Various Funds
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
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:
Cameron Benson,
City Manager
Department:
Human Resources
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
RATIFYING THAT CERTAIN COLLECTIVE BARGAINING AGREEMENT WITH THE
FEDERATION OF PUBLIC EMPLOYEES ATTACHED HERETO AS EXHIBIT “A;“
AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ATTEST THE
SAME; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
Background
On February 6, 2012, Florida Public Employees Relations Commissions certified Federation of Public
Employees (FPE), a Division of the National Federation of Public and Private Employees, AFL-CIO as a bargaining
unit (Certification Number 1787). All full-time and regular part-time employees listed under the below
classifications are included as members of the bargaining unit.
1. Fleet Services Representative
2. Irrigation Assistant
Item K-10) Consent Agenda
Resolution
Agreement-Federation of Public Employees
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
3. Irrigation Specialist
4. Janitorial Crew Worker
5. Landscape Crew Worker
6. Public Service Worker I
7. Public Service Worker II
8. Public Service Worker III
9. Recreation Aide I
10. Recreation Aide II
11. Street Sweeper Operator
12. Tradesworker
Currently, the City has a total of 68 positions classified for bargaining member status.
Analysis
The City’s collective bargaing mangement team has negotiated with the FPE over the past three (3) years
over terms and condition of employment. During the City’s December 9, 2014 bargaining session with
the FPE bargaining unit, a mutual tentative contract agreement was proposed. On January 14, 2015, the
FPE bargaining unit conducted a contract ratification vote. By a majority vote the contract was accepted
by the bargaining unit.
The next step in the negotiation process is for the City Council to review the proposal and decide if it will
approve or reject the proposed tentative contract agreement as ratified by the FPE Bargaining Unit. If
the City Council decides to ratify the tentative contract agreement the contract will go in effect upon
ratification, and will be effective through September 30, 2017.
If the City Council decides not to ratify the tentative contract agreement negotiations will resume.
Fiscal Impact
Upon ratification of the contract, union employees will receive a 2% COLA. The annual costs to the City
is approximately $50,000 which is already included in the FY 2015 budget. Funds for bonuses for
employees who reach a “commendable” or “outstanding” rating is not included in the FY 2015 budget.
It is anticipated the new performance evaluation form being effective on or around October 1, 2015.
Staff will include an estimate in the FY2016 budget for these expenses.
Proposed Action:
Staff recommends the City Council ratify the proposed contract agreement as ratified by the FPE
bargaining unit.
Attachment:
Tenative Collective Bargaining Agreement between the City of Miami Gardens and Federation of
Public Employees (FPE), A Division of the National Federation of Public and Private Employees
(AFL-CIO) as ratified by FPE on January 14, 2015.
Page 108 of 163
RESOLUTION NO. 2014____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, RATIFYING THAT CERTAIN COLLECTIVE 4
BARGAINING AGREEMENT WITH THE FEDERATION OF PUBLIC 5
EMPLOYEES ATTACHED HERETO AS EXHIBIT “A;“ AUTHORIZING 6
THE CITY MANAGER AND CITY CLERK TO EXECUTE AN ATTEST THE 7
SAME; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8
PROVIDING FOR AN EFFECTIVE DATE. 9
10
WHEREAS, on February 6, 2012, the Florida Public Employees Relations 11
Commissions certified Federation of Public Employees (FPE), a Division of the National 12
Federation of Public and Private Employees, AFL-CIO as a bargaining unit (Certification 13
Number 1787), and 14
WHEREAS, certain maintenance and aide employees are included as members of 15
the bargaining unit, and 16
WHEREAS, the City’s collective bargaining management team has negotiated with 17
the FPE over the past three (3) years over terms and condition of employment, and 18
WHEREAS, on January 14, 2015, the FPE bargaining unit ratified the proposed 19
contract, and 20
WHEREAS, the next step in the process is for the City Council to ratify the contract if 21
it agrees with the terms, 22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26
made a specific part of this Resolution. 27
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28
hereby ratifies that certain Collective Bargaining Agreement with the Federation of 29
Page 109 of 163
2
Public Employees attached hereto as Exhibit “A.” The City Council further authorizes 30
the City Manager and City Clerk to execute an attest the same. 31
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its final passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2014. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39
40
41
ATTEST: 42
43
44
__________________________________ 45
RONETTA TAYLOR, MMC, CITY CLERK 46
47
48
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 49
50
51
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 52
53
Moved by: __________________ 54
55
VOTE: _________ 56
57
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 59
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 60
Councilman David Williams Jr ____ (Yes) ____ (No) 61
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 62
Councilman Rodney Harris ____ (Yes) ____ (No) 63
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64
65
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