HomeMy WebLinkAboutJanuary 14, 2015 City Council AgendaRegular City Council Agenda
January 14, 2015 Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: January 14, 2015
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Next Regular Meeting Date: January 28, 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 – December 11, 2014
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Office of the City Clerk
(G) PUBLIC COMMENTS
Page 1 of 83
Regular City Council Agenda
January 14, 2015 Page 2
(H) ORDINANCE(S) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO.
2009-06-178 OF THE CITY COUNCIL THAT AUTHORIZED THE
BORROWING OF SEVEN MILLION, THREE HUNDRED
THOUSAND DOLLARS ($7,300,000), AND THAT AUTHORIZED
THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA
TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO
EXCEED SEVEN MILLION, THREE HUNDRED THOUSAND
DOLLARS ($7,300,000); AUTHORIZING AN EXTENSION OF
THE MATURITY DATE OF SAID BONDS AT A REVISED
INTEREST RATE; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CREATING SECTION 2-790 OF
THE CITY’S CODE OF ORDINANCES TO PROVIDE FOR THIRD
PARTY SPONSORSHIPS OF CITY SERVICES, PROJECTS,
EVENTS, FACILITIES AND ACTIVITIES; CREATING SECTION
34-670(3) OF THE CITY’S SIGN CODE TO PROVIDE FOR
EXEMPTIONS FOR SPONSORSHIPS; CREATING SECTION 34-
672 TO PROVIDE FOR ADVERTISING REGULATIONS ON
CITY-OWNED PROPERTY; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(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 VICE
MAYOR FELICIA ROBINSON’S APPOINTMENT OF TIM
TURNER TO THE CITIZENS ADVISORY COMMITTEE FOR A
THREE YEAR TERM; PROVIDING FOR THE ADOPTION OF
Page 2 of 83
Regular City Council Agenda
January 14, 2015 Page 3
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY VICE MAYOR FELICIA ROBINSON)
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RECOGNIZING FEBRUARY AS
BLACK HISTORY MONTH; AUTHORIZING AN ESSAY
CONTEST FOR ELEMENTARY STUDENTS; AUTHORIZING
THE EXPENDITURE OF ONE THOUSAND DOLLARS ($1,000.00)
FROM THE SPECIAL EVENT FUND; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN
ERHABOR IGHODARO)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND
ATTEST RESPECTIVELY, THAT CERTAIN LOBBYIST
UNDERTAKING AGREEMENT WITH YOLANDA CASH
JACKSON OF BECKER & POLIAKOFF, P.A., FOR A ONE (1)
YEAR TERM, WITH THE OPTION TO RENEW FOR AN
ADDITIONAL ONE (1) YEAR TERM, IN THE AMOUNT OF
SIXTY THOUSAND DOLLARS ($60,000.00), A COPY OF WHICH
IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER
GILBERT)
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL
OF THE AGREEMENT WITH SANCHEZ ARANGO
CONSTRUCTION COMPANY FOR BUS SHELTER
MAINTENANCE THROUGH FEBRUARY 2016; AUTHORIZING
THE CITY MANAGER TO ISSUE PURCHASE ORDERS, IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED TEN THOUSAND
DOLLARS ($110,000.00), FOR THIS PURPOSE; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT
OF NINETY FOUR THOUSAND ONE HUNDRED SIXTY
DOLLARS AND FIFTY THREE CENTS ($94,160.53) TO TYLER
TECHNOLOGIES, INC., FOR FISCAL YEAR 2015 EDEN
SOFTWARE MAINTENANCE SUPPORT AND LICENSES;
Page 3 of 83
Regular City Council Agenda
January 14, 2015 Page 4
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, DECLARING TWELVE (12)
FLEET VEHICLES TO BE SURPLUS; AUTHORIZING THE CITY
MANAGER TO UTILIZE RENE BATES AUCTIONEERS, INC.
FOR AUCTION SERVICES TO DISPOSE OF THE SURPLUS
VEHICLES; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING SUBSTANTIAL
AMENDMENTS TO THE CITY OF MIAMI GARDENS’
HOUSING POLICIES, ATTACHED HERETO AS EXHIBIT A;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING A POLICY FOR
THIRD PARTY SPONSORSHIPS OF SERVICES, PROJECTS,
EVENTS, FACILITIES AND ACTIVITIES, ATTACHED HERETO
AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
(L) RESOLUTION(S)
L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AWARDING A BID TO
_____________ FOR PLANNING AND ZONING SERVICES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING
FOR AN EFFECTIVE DATE (SPONSORED BY THE CITY
MANAGER) (Deferred from December 11, 2014)
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
None
Page 4 of 83
Regular City Council Agenda
January 14, 2015 Page 5
(N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S)
None
(O) RESOLUTION(S)/PUBLIC HEARING(S)
None
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
(R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
(S) ADJOURNMENT
IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED
AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT
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.
Page 5 of 83
18605 NW 27 Ave.,
Miami Gardens, FL 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 2015
Item Type:
(Enter X in box)
Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
X
Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
(Enter Fund & Dept)
General Fund
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:N/A
X
Strategic Plan Related
(Enter X in box)
No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Objective/Strategy:
(list the specific objective/strategy this item will
address)
X
Sponsor Name
Cameron Benson,
City Manager
Department:
Finance
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009-06-178 OF THE
CITY COUNCIL THAT AUTHORIZED THE BORROWING OF SEVEN
MILLION, THREE HUNDRED THOUSAND DOLLARS ($7,300,000), AND THAT
AUTHORIZED THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA
TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO EXCEED SEVEN
MILLION, THREE HUNDRED THOUSAND DOLLARS ($7,300,000);
AUTHORIZING AN EXTENSION OF THE MATURITY DATE OF SAID BONDS
AT A REVISED INTEREST RATE; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
Staff Summary:
In 2009, under Ordinance Number 2009-06-178 Council approved the borrowing of $7.3 million for the
acquisition of economic development property located at NW 7 avenue extension and NW 7 Ave (Warren
Henry property). The bond is to be matured on February 1, 2014 with a balloon payment of $6,311,999
Item H-1) Ordinance
First Reading
Amending $7.3 mil bond
Page 6 of 83
18605 NW 27 Ave.,
Miami Gardens, FL 33056
in principal. On January 8, 2014, under Ordinance Number 2014-01-313, and on July 23, 2104 under
Ordinance Number 2014-12-323 Council approved an extension till February 1, 2015.
At the May 14, 2014 Council meeting, Council authorized the City Manager to negotiate and enter in to a
contract for the sale of the property. On December 11, 2014, the proposer has submitted a request to
the City Manager to extend the closing to before June 1, 2015. Therefore, the City has to request an
additional extension of the bond payment to February 1, 2016. The terms of the agreement will
remains with the exception that the interest rate will be a variable rate tied to 30day LIBOR rate plus 175
basis point, which is 1.91 % based on December 29, 2014. The variable rate also provides the City
flexibility to pay off the loan without penalty at the end of each month.
Fiscal Impact
The bond counsel cost proposed by the bank is not to exceed $1,000 for this extension which will be
paid from the City’s General Fund.
Proposed Action:
That Council approves the ordinance on its first reading.
Attachment:
Page 7 of 83
$7.3m Series 2009
Taxable Land Bonds
{30108437;1}
ORDINANCE NO. 2015-_______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009-06-178 OF
THE CITY COUNCIL THAT AUTHORIZED THE BORROWING OF
SEVEN MILLION, THREE HUNDRED THOUSAND DOLLARS
($7,300,000), AND THAT AUTHORIZED THE ISSUANCE OF CITY OF
MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION
REVENUE BONDS NOT TO EXCEED SEVEN MILLION, THREE
HUNDRED THOUSAND DOLLARS ($7,300,000); AUTHORIZING AN
EXTENSION OF THE MATURITY DATE OF SAID BONDS AT A
REVISED INTEREST RATE; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2009-06-178, enacted by the City Council on
January 28, 2009, as supplemented by Resolution No. 2009-25-970 adopted by the City Council
on January 28, 2009, as amended by Resolution No. 2011-121-1514, adopted by the City
Council on July 13, 2011, as amended by Ordinance 2014-001-313 enacted on January 8, 2014,
and as further amended by Ordinance 2014-12-323enacted on July 23, 2014 (collectively, the
“Original Ordinance”), the City of Miami Gardens, Florida (the “City”) has issued its Taxable
Land Acquisition Revenue Bonds, Series 2009 in the original aggregate principal amount of
Seven Million Three Hundred Thousand Dollars ($7,300,000) for the purpose of financing the
costs of purchasing land for economic development (the “Series 2009 Bonds”), which Series
2009 Bonds are payable from and secured by a pledge of a portion of the City’s utilities service
taxes, and
WHEREAS, the Series 2009 Bonds mature on February 1, 2015 and City desires to
extend such maturity to February 1, 2016 and to change the interest rate on the Series 2009
Bonds to a variable rate agreed to by the current holder of the Series 2009 Bonds; and
WHEREAS, Wells Fargo Bank, N.A., as successor to Wachovia Bank, National
Association, is the current holder and owner of the Series 2009 Bonds (the “Bondholder”) has
agreed to such extension and modification;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
SECTION 1. ADOPTION OF RECITATIONS: The foregoing Whereas Clauses are
hereby ratified and confirmed as being true, and the same are hereby made a specific part of this
Ordinance.
SECTION 2. EXTENSION OF MATURITY DATE; MODIFICATION OF
INTEREST RATE: The extension of the maturity date of the Series 2009 Bonds to February 1,
Page 8 of 83
{30108437;1}
2016, is hereby authorized. The Series 2009 Bonds shall bear interest for the period from and
including February 1, 2015 to maturity or earlier prepayment at a variable rate equal to i)
LIBOR (as defined below) plus ii) 175 basis points (1.75 per cent), subject to adjustment as
provided in the Original Ordinance upon the occurrence of an Event of Default.
"LIBOR" means the rate of interest per annum determined by Bank based on the rate for
United States dollar deposits for delivery of funds for one (1) month as reported on Reuters
Screen LIBOR01 page (or any successor page) at approximately 11:00 a.m., London time, or, for
any day not a London Business Day, the immediately preceding London Business Day (or if not
so reported, then as determined by Bank from another recognized source or interbank quotation).
"London Business Day" means any day that is a day for trading by and between banks in Dollar
deposits in the London interbank market.
While the Series 2009 Bonds bear interest at a variable rate, interest shall be payable on
the first Business Day of each month. “Business Day" means any day except a Saturday, Sunday
or any other day on which commercial banks in the State of Florida are authorized or required by
law to close. While the Series 2009 Bonds bear interest at a variable rate, the Series 2009 Bonds
may be redeemed in whole at the option of the City on any interest payment date at a price of par
plus accrued interest.
The execution and delivery to the Bondholder of the Allonge to the Bond making and
evidencing such extension and modifications, in substantially the form attached hereto, is hereby
authorized. Except as set forth herein and in such Allonge, the provisions of the Original
Ordinance and the Series 2009 Bonds shall remain in force and effect and shall continue until the
maturity date of the Series 2009 Bonds as so extended.
SECTION 3. AUTHORITY OF OFFICERS: The Mayor, the City Manager, the City
Attorney and the City Clerk are and each of them is hereby authorized and directed to execute
and deliver such Allonge, and to do and cause to be done any and all acts and things necessary or
proper for effectuating the amendment made by this Ordinance.
SECTION 4. SEVERABILITY: In case any one or more of the provisions of this
Ordinance, the Series 2009 Bonds or the Allonge shall for any reason be held to be illegal or
invalid, such illegality or invalidity shall not affect any other provision of this Ordinance, the
Series 2009 Bonds or the Allonge, but this Ordinance, the Series 2009 Bonds and the Allonge
shall be construed and enforced as if such illegal or invalid provision had not been contained
therein. The Series 2009 Bonds and the Allonge are issued and this Ordinance is enacted with
the intent that the laws of the State shall govern their construction.
SECTION 5. OPEN MEETING FINDINGS: It is hereby found and determined that all
official acts of the City Council concerning and relating to the enactment and adoption of this
Ordinance and all prior ordinances and resolutions affecting the City Council’s ability to issue
the Series 2009 Bonds were taken in an open meeting of the City Council and that all
deliberations of the City Council or any of its committees that resulted in such official acts were
in meetings open to the public, in compliance with all legal requirements, including Section
286.011, Florida Statutes.
Page 9 of 83
{30108437;1}
SECTION 6. REPEALING CLAUSE: All ordinances and resolutions and parts thereof
in conflict herewith, to the extent of such conflicts, are hereby superseded and repealed.
Page 10 of 83
{30108437;1}
SECTION 7. EFFECTIVE DATE: This Ordinance shall take effect immediately upon
its final passage.
PASSED ON FIRST READING THE __ DAY OF JANUARY, 2015.
PASSED ON SECOND READING THE __ DAY OF JANUARY, 2015.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JANUARY ___, 2015.
OLIVER GILBERT III, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by: Akerman LLP, Bank Counsel
Reviewed by Sonja Dickens, City Attorney
SPONSORED BY: CITY MANAGER
MOVED BY:
VOTE:
Mayor Oliver G. Gilbert, III (Yes) (No)
Vice Mayor Felicia Robinson (Yes) (No)
Councilman Rodney Harris (Yes) (No)
Councilman Erhabor Ighodaro, Ph.D. (Yes) (No)
Councilwoman Lillie Q. Odom (Yes) (No)
Councilwoman Lisa C. Davis (Yes) (No)
Councilman David Williams, Jr. (Yes) (No)
Page 11 of 83
{30108437;1}
THIRD ALLONGE TO
CITY OF MIAMI GARDENS, FLORIDA
TAXABLE LAND ACQUISITION REVENUE BONDS
SERIES 2009 BOND
This Allonge No. 3, dated as of February 1, 2015, is to be attached to and made a part of
the City of Miami Gardens, Florida Taxable Land Acquisition Revenue Bond, Series 2009, dated
February 18, 2009, as heretofore amended, in the original principal amount of $7,300,000, bearing
interest at the original interest rate of 4.80 per cent per annum, subject to adjustment as set forth
therein, and with a revised maturity date of February 1, 2015 (the “Series 2009 Bond”). The Series
2009 Bond is held by Wells Fargo Bank, N.A. (successor by merger to Wachovia Bank, National
Association) (the “Bondholder”).
Effective as of the date hereof the Maturity Date of the Series 2009 Bond is extended to
be February 1, 2016.
This Bond shall bear interest for the period from and including February 1, 2015 to
maturity or earlier prepayment at a variable rate equal to i) LIBOR (as defined below) plus ii)
175 basis points (175 per cent), subject to adjustment as provided in the body of the Bond upon
the occurrence of an Event of Default.
"LIBOR" means the rate of interest per annum determined by Bank based on the rate for
United States dollar deposits for delivery of funds for one (1) month as reported on Reuters
Screen LIBOR01 page (or any successor page) at approximately 11:00 a.m., London time, or, for
any day not a London Business Day, the immediately preceding London Business Day (or if not
so reported, then as determined by Bank from another recognized source or interbank quotation).
"London Business Day" means any day that is a day for trading by and between banks in Dollar
deposits in the London interbank market.
While the Series 2009 Bonds bear interest at a variable rate, interest shall be payable on
the first Business Day of each month. “Business Day" means any day except a Saturday, Sunday
or any other day on which commercial banks in the State of Florida are authorized or required by
law to close. While the Series 2009 Bonds bear interest at a variable rate, the Series 2009 Bonds
may be redeemed in whole at the option of the City on any interest payment date at a price of par
plus accrued interest.
Page 12 of 83
{30108437;1}
Except as expressly modified and amended by this Allonge, the covenants, terms and
conditions of the Series 2009 Bond and the Bond Resolution (as defined in the Series 2009
Bonds) shall remain unaffected and shall remain in full force and effect.
Date: February 1, 2015
CITY OF MIAMI GARDENS, FLORIDA
By: ______________________________
Name ______________
Title: Mayor
The Bondholder hereby acknowledges and consents to the foregoing amendment.
Date: February 1, 2015
WELLS FARGO BANK, N.A.
By: ______________________________
Name: _____________
Title: Vice President
This Allonge No. 3 shall be appended to and shall modify
and amend and become a part of the Series 2009 Bond.
Page 13 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 2014 Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes
No Ordinance Reading:
1st Reading 2nd Reading
X
X Public Hearing:
Yes No Yes No
X
Funding Source:
Advertising Requirement:
Yes No
X
Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: 13‐14‐033
X
Strategic Plan Related:
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Business and Economic
Development
X
Sponsor Name:
Cameron D. Benson,
City Manager Department:
City Manager
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, CREATING SECTION 2-790 OF THE CITY’S
CODE OF ORDINANCES TO PROVIDE FOR THIRD PARTY
SPONSORSHIPS OF CITY SERVICES, PROJECTS, EVENTS,
FACILITIES AND ACTIVITIES; CREATING SECTION 34-670(3) OF THE
CITY’S SIGN CODE TO PROVIDE FOR EXEMPTIONS FOR
SPONSORSHIPS; CREATING SECTION 34-672 TO PROVIDE FOR
ADVERTISING REGULATIONS ON CITY-OWNED PROPERTY;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE
Staff Summary:
Item I-1) Ordinance
Second Reading - Public Hearing
Sponsorship Ordinance
Page 14 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Background:
On May 28, 2014, Council adopted Ordinance No. 2014‐09‐320, authorizing the borrowing of sixty million dollars
($60,000,000) through a general obligation bond issuance. The adoption of the aforementioned ordinance
provided the authority to pay costs of remodeling, reconstructing, constructing, reconfiguring, retrofitting,
furnishing and equipping City parks and park facilities, providing facilities for expanding community activities in
parks, and renovating, constructing and purchasing park facilities and land for new or expanded parks.
Additionally, on September 22, 2014, Council approved the fiscal year 2015 operating budget which included
staff’s recommendation to pursue potential advertising on City owned bus benches, bus shelters and trash
receptacles. The purpose of inclusion of this item in the budget was to relieve the transportation fund of its
current burden of over $200,000 annually for the provision of maintenance to City bus benches, shelters, and
trash cans.
Bond financing does not cover the costs of future operations and maintenance of the newly built or newly
renovated facilities. Staff is interested in pursuing sponsorship agreements with third parties, wherein the third
party receives access to the commercial and/or marketing potential associated with the City in exchange for cash
considerations. This legislation will provide authorization and control over those sponsorship agreements. Staff
will pursue sponsorships that are mutually beneficial to all parties involved. Furthermore, the legislation will assist
in the Administration’s continuous effort to build relationships with major businesses and corporations interested
in investing in the City. The proposed change will allow staff an opportunity to obtain another non‐tax revenue
source.
Proposed Action:
It is recommended that the City Council approve the attached ordinance.
Attachments
Attachments:
A‐ Ordinance – City Sponsorships
B‐ City of Miami Gardens Sponsorship Policy
Page 15 of 83
Added language is underlined. Deleted language is stricken through.
1
ORDINANCE NO. 2014_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, CREATING SECTION 2-
790 OF THE CITY’S CODE OF ORDINANCES TO
PROVIDE FOR THIRD PARTY SPONSORSHIPS OF CITY
SERVICES, PROJECTS, EVENTS, FACILITIES AND
ACTIVITIES; CREATING SECTION 34-670(3) OF THE
CITY’S SIGN CODE TO PROVIDE FOR EXEMPTIONS
FOR SPONSORSHIPS; CREATING SECTION 34-672 TO
PROVIDE FOR ADVERTISING REGULATIONS ON CITY-
OWNED PROPERTY; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City desires to authorize third party sponsorships for City
services, project, events, facilities and activities, and
WHEREAS, such sponsorships will permit the City to accept cash and/or
in-kind donations, in exchange for third party marketing and advertising, and
WHEREAS, it is necessary to amend the City’s Code of Ordinances for
this purpose,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing
Whereas paragraphs are hereby ratified and confirmed as being true, and the same
are hereby made a specific part of this Ordinance.
Section 2. AMENDMENT: Section 2-790 of the Code of Ordinances
are hereby created as follows:
Page 16 of 83
Added language is underlined. Deleted language is stricken through.
2
Sec. 2-790. Third Party Sponsorships.
(a) The provisions of this Article regarding competitive bidding shall not apply
to sponsorships. The City Council may establish policies, procedures and
criteria for securing and approving sponsorships by resolution.
Section 3. AMENDMENT: Section 34-670(3) is hereby created as
follows:
Sec. 34-670
(3) Nothing in this section shall be deemed to preclude the City from
entering into a sponsorship agreement with commercial or
noncommercial entities for advertising on City property or facilities in
accordance with Section 2-790.
Section 4. AMENDMENT: Section 34-672 is hereby created as
follows:
Sec. 34-672. Advertising, publicity and signs on City-owned property.
(a) No person shall use City-owned or managed lands for the purpose of
advertising or calling attention to any article or service for sale or for hire,
nor shall any signs, slogans, loudspeakers, vehicles or advertising display
of any nature whatsoever be used for such purposes, without prior
approval from the City.
(b) Nothing in this section shall be deemed to preclude the City from entering
into a sponsorship agreement with commercial or noncommercial entities
in accordance with Section 2-790.
Section 5. CONFLICT: All ordinances or Code provisions in conflict
herewith are hereby repealed.
Section 6. SEVERABILITY: If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason held invalid or
Page 17 of 83
Added language is underlined. Deleted language is stricken through.
3
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 7. INCLUSION IN CODE: It is the intention of the City
Council of the City of Miami Gardens that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Miami
Gardens and that the section of this Ordinance may be renumbered or relettered
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or
such other appropriate word or phrase, the use of which shall accomplish the
intentions herein expressed.
Section 8. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE _____ DAY OF __________,
2014.
PASSED ON SECOND READING ON THE ____ DAY OF _________,
2014.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF
______________, 2014.
________________________________
OLIVER GILBERT, III, MAYOR
Page 18 of 83
Added language is underlined. Deleted language is stricken through.
4
ATTEST:
_________________________________
RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: __________________
Second by: _________________
VOTE: _________
Mayor Oliver Gilbert , III ____ (Yes) ____ (No)
Vice Mayor Lisa Davis ____ (Yes) ____ (No)
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)
Councilman David Williams Jr ____ (Yes) ____ (No)
Councilwoman Felicia Robinson ____ (Yes) ____ (No)
Councilman Rodney Harris ____ (Yes) ____ (No)
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)
Page 19 of 83
1
CITY OF MIAMI GARDENS
SPONSORSHIP POLICY
I. PURPOSE:
A. The aim of this policy is to create an authorized environment for entering into
sponsorship agreements with third parties where such sponsorships are mutually
beneficial to both parties in a manner that is consistent with all applicable policies
set by City of Miami Gardens. The purpose of the policy and procedures as
outlined is to:
1. Uphold the City stewardship role to safeguard the City’s assets and
interests.
2. Provide employees with guidelines and procedures based on best
practices.
3. Protect the City of Miami Gardens from risk.
B. The policy provides an enabling environment for the City to enter into
sponsorship agreements within set guidelines and procedures for the purpose of
optimizing non-tax revenue sources. Under the conditions of this policy, City
staff may solicit such sponsorship agreements.
C. The City shall not relinquish to the sponsor any aspect of the City’s right to
manage and control the City’s assets or facilities.
D. This policy is not applicable to philanthropic contributions, grants, or unsolicited
donations in which no benefits are granted to the sponsor and where no business
relationship exists.
II. SCOPE:
A. This policy applies to all City departments and divisions.
B. This policy does not apply to:
1. Independent foundations or registered charitable organizations from which
the City may receive benefit.
2. Philanthropic contributions or unsolicited donations to the City.
3. Funding obtained from other orders of government through formal grant
programs.
Page 20 of 83
2
4. City sponsorship support of external projects where the City provides
funds to an outside organization.
5. Third parties who lease City property or hold permits with the City for
activities or events.
III. DEFINITIONS:
A. “Sponsorship” shall mean a mutually beneficial business arrangement between
the City and a third party, wherein the third party provides cash and/or in-kind
services to the City in return for access to the commercial and/or marketing
potential associated with the City. Sponsorships may include sponsorship of one
or more of the City’s services, projects, events, facilities or activities.
B. “Sponsorship agreement” shall mean a mutually beneficial, contractual agreement
that reflects the business arrangement for the exchange of commercial and/or
marketing benefits between the City and a third party for a specified period of
time.
C. “Sponsor” shall mean a third party that enters into a sponsorship agreement with
the City.
D. “In-kind sponsorship” shall mean a sponsorship received in the form of goods
and/or services rather than cash.
E. “Request for sponsorship (RFS)” shall mean an open and competitive process
whereby third parties may express their interest in participating in sponsorship
opportunities with the City. Requests for sponsorship should include a summary
of the sponsorship opportunity, benefits for participation, and a description of the
open and competitive procedure for expressing interest in participating in
sponsorship opportunities.
F. “Naming rights” shall mean a type of sponsorship in which a third party
purchases the exclusive right to name a whole asset or venue. The naming of a
component of an asset or venue (e.g. – bench in a park, specific room in a
building) is not considered to be naming rights for the purposes of this policy and
would be categorized as per Section VI (Type A or C). Sponsorship naming
rights are considered in the commercial context only, where the naming right is
sold or exchanged for significant cash or other revenue support. This
arrangement must be documented in an agreement signed by the interested parties
and shall have a specified end date to the contractual obligations.
G. “Philanthropic contribution” shall mean a contribution to City of Miami Gardens
from a third party for which there is no reciprocal commercial and/or marketing
benefit expected or required from the City. Such contributions are separate and
distinct from sponsorship and shall be governed by a separate City policy.
Page 21 of 83
3
IV. RESTRICTIONS:
A. In general, the following industries and products are not eligible for sponsorships
With the City of Miami Gardens: political or faith-based organizations,
companies whose business is substantially derived from the sale of alcohol,
tobacco, firearms or adult use businesses. Only the City Council may grant a
waiver from this provision. The City reserves the right to reject any sponsorship
when it is deemed not to be in the best interest of the City.
B. City of Miami Gardens shall reject advertising that does not comply with the
standards set forth in this policy. All full advertising graphic designs must be
submitted in sufficient detail to determine content and final general appearance to
the City Manager or his/her designee for review and approval before application.
The approval process for advertising design shall not exceed thirty (30) business
days from time of submittal.
C. The following standards for advertising are adopted and will not be displayed:
1. Is false, misleading or deceptive
2. Relates to an illegal activity
3. Is explicit sexual material, obscene material, or material harmful to minors
4. Advertises tobacco products
5. Includes language which is obscene, vulgar, profane, or scatological
6. Relates to instruments, devices, items, products or paraphernalia that are
designed for use in connection with specific sexual activities
7. Depicts violence and/ or anti-social behavior
V. POLICY:
A. Program Sponsorship: Sponsorship of a City of Miami Gardens event, program or
asset.
B. Naming Rights Sponsorship: Any sponsorship that falls into the definition for
Naming Rights.
C. Purchasing Sponsorship: Any sponsorship that includes purchasing of
commodities, materials, equipment, or services.
Page 22 of 83
4
VI. PROCEDURES & AUTHORITY:
A. The City shall provide notice of all sponsorship opportunities. Sponsorship
opportunities shall at a minimum be posted on the City’s website for a minimum period
of ten (10) days.
B. Sponsorship opportunities that do not exceed the City Manager’s authority as
outlined in Sec. 2-752 of the City’s Code shall be awarded using the process outlined
below:
1. Person’s wanting to respond to a sponsorship opportunity shall submit a
Request For Sponsorship Form (RFS) by the deadline posted in the notice or
if no deadline is posted, at any time that the sponsorship is available. The
City reserves the right to entertain and accept multiple RFS’ and to enter into
multiple sponsorship agreements for the same purpose.
2. Upon the submission of a RFS, the City Manager or his/her designee shall
engage in negotiations with the proposed sponsor. Nothing herein shall
prohibit the City Manager or his/her designee from negotiating with multiple
persons for the same sponsorship opportunity. Upon completion of
negotiations, a Sponsorship Agreement Form shall be completed.
3. After approval by the City Manager or his/her designee, the agreement shall
be forwarded to City Attorney’s Office for review and approval.
4. If not approved at any stage of approval process, the Sponsorship Agreement
form shall be returned to designated contact with explanation for non-
approval.
C. Sponsorship opportunities that exceed the City Manager’s authority as outlined in
Sec. 2-752 of the City’s Code shall be awarded by the City Council.
D. All sponsorships that relate to purchasing opportunities shall be governed by
Chapter 2, Article IX of the City’s Code of Ordinances.
E. All approved sponsorship agreements must include:
1. Signatures by authorized representatives of the City and the sponsor.
Authorized representative of the City shall be the highest ranking approval
authority from the above-stated review process.
2. Term of the agreement, including provisions for termination.
3. Details of the exchange of benefits, including what will be provided to the
City by the sponsor and what will be provided by the City to the sponsor.
Page 23 of 83
5
F. A report summarizing approved sponsorship agreements shall be submitted to the
City Council at least quarterly and filed with the City Clerk.
Page 24 of 83
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 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
Felicia Robinson,
Vice Mayor
Department:
City Manager
Office of the Mayor/Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ACKNOWLEDGING VICE MAYOR FELICIA
ROBINSON’S APPOINTMENT OF TIM TURNER TO THE CITIZENS
ADVISORY COMMITTEE FOR A THREE YEAR TERM; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
In accordance with the establishment of the Citizens Advisory Committee, Vice Mayor Felicia Robinson
has appointed Tim Turner in accordance with Section 2‐176 of the Code of Ordinances. This Resolution
acknowledges Vice Mayor Robinson’s appointment of Tim Turner. The term of this appointment will
expire January 14, 2018. This appointed member will adhere to duties and powers of the Advisory
Committee as outlined in the Ordinance.
Item K-1) Consent Agenda
Resolution
Board Appointment
Page 25 of 83
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
Proposed Action:
That the City Council approves this resolution.
Attachment:
Page 26 of 83
RESOLUTION NO. 2014____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING VICE MAYOR 4
FELICIA ROBINSON’S APPOINTMENT OF TIM TURNER TO THE 5
CITIZENS ADVISORY COMMITTEE FOR A THREE YEAR TERM; 6
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7
PROVIDING FOR AN EFFECTIVE DATE. 8
9
WHEREAS, the City Council has created the Citizens Advisory Committee (“the 10
Committee”), and 11
WHEREAS, Vice Mayor Felicia Robinson and each member of the City Council 12
have the right to appoint members to the Committee, and 13
WHEREAS, in accordance Section 2-172 of the Code of Ordinances, Vice Mayor 14
Felicia Robinson has appointed Tim Turner to the Committee for a three year term, and 15
WHEREAS, it is appropriate for the City Council to acknowledge the 16
appointment, 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby acknowledges Vice Mayor Felicia Robinson’s appointment of Tim Turner to the 24
Citizens Advisory Committee for a three year term. 25
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26
upon its final passage. 27
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2014. 29
Page 27 of 83
2
30
___________________________________ 31
OLIVER GILBERT, III, MAYOR 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: VICE MAYOR FELICIA ROBINSON 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 28 of 83
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 2014 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:
Council Special
Events in the
amount of $1,000
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name
Erhabor Ighodaro,
Council Member
Department:
City Manager
Office of the Mayor/Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, RECOGNIZING FEBRUARY AS BLACK HISTORY
MONTH; AUTHORIZING AN ESSAY CONTEST FOR ELEMENTARY
STUDENTS; AUTHORIZING THE EXPENDITURE OF ONE THOUSAND
DOLLARS ($1,000.00) FROM THE SPECIAL EVENT FUND; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
This resolution supports Councilman Ighodaro’s annual Black History Month event scheduled for
Saturday, February 28, 2015, at the Betty T. Ferguson Recreation Complex. The event honors residents
from Miami Gardens for their outstanding contributions as well as sharing important moments in Black
History.
Item K-2) Consent Agenda
Resolution
Black History Month
Page 29 of 83
1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
From a historical perspective Black History Month had its beginnings in 1926 in the United States, when
historian Carter G. Woodson and the Association for the Study of Negro Life and History announced the
second week of February to be “Negro History Week”. This week was chosen because it marked the
birthday of both Abraham Lincoln and Frederick Douglas.
In 1976, the federal government acknowledged the expansion of Black History Week to Black History
Month by the leaders of the Black United Students at Kent State University in February of 1969. The first
celebration of Black History Month occurred at Kent State in February 1970. Six years later during the
bicentennial, the expansion of Negro History Week to Black History Month was recognized by the U.S.
government. Gerald Ford spoke in regards to this, urging Americans to “seize the opportunity to honor
the too‐often neglected accomplishments of black Americans in every area of endeavor throughout our
history.
In honor of Black History Month, and in an effort to reiterate the significant importance of this historical
moment, Councilman Ighodaro is seeking to encourage the Miami‐Dade County School Board and the 18
local elementary schools in Miami Gardens to participate by inviting fourth and fifth grade students to
write a 300 word essay on (title to be determined). The winners will be selected and recognized at the
February 25, 2015, City Council Meeting.
Fiscal Impact
Funding will be derived from 01‐11‐01‐511‐496‐01 which currently has $1,000 available to be spent.
Proposed Action:
Recommend Council approval of this resolution with a funding of $1,000.00 to be allocated from Council
Member Special Events Account.
Attachment:
Page 30 of 83
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, RECOGNIZING FEBRUARY AS 4
BLACK HISTORY MONTH; AUTHORIZING AN ESSAY CONTEST 5
FOR ELEMENTARY STUDENTS; AUTHORIZING THE 6
EXPENDITURE OF ONE THOUSAND DOLLARS ($1,000.00) 7
FROM THE SPECIAL EVENT FUND; PROVIDING FOR THE 8
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 9
EFFECTIVE DATE. 10
11
WHEREAS, Black History Month is observed annually to spotlight important 12
people and events in the history of the African diaspora, and 13
WHEREAS, Black History Month began in 1926 when historian Carter G. 14
Woodson and the Association for the Study of Negro Life and History, announced that 15
the second week of February would be recognized as “Negro History Week”, and 16
WHEREAS, in 1976, Black History Week was extended to the entire month of 17
February, and 18
WHEREAS, Councilman Erhabor Ighodaro recommends that the City recognize 19
February as Black History Month, and 20
WHEREAS, to commemorate Black History Month, Councilman Ighodaro also 21
recommends that the City hosts an essay contest for fourth and fifth graders at the Betty 22
T. Ferguson Recreational Complex on February 28, 2015, and 23
WHEREAS, it is being recommended that One Thousand Dollars ($1,000.00) be 24
allocated from the Special Events Fund for this purpose, 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
Page 31 of 83
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31
hereby recognizes February as Black History Month. The City Council authorizes an 32
essay contest for elementary school students to commemorate Black History Month; 33
and further authorizes the allocation of One Thousand Dollars ($1,000.00) from the 34
Special Events Fund for this purpose. 35
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 36
upon its final passage. 37
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 38
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 39
40
___________________________________ 41
OLIVER GILBERT, III, MAYOR 42
43
44
ATTEST: 45
46
47
__________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
51
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 52
53
54
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO, Ph.D. 55
56
57
Moved by: __________________ 58
59
VOTE: _________ 60
61
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 62
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 63
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 64
Councilman David Williams Jr ____ (Yes) ____ (No) 65
Councilwoman Lisa Davis ____ (Yes) ____ (No) 66
Councilman Rodney Harris ____ (Yes) ____ (No) 67
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 68
Page 32 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 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:
General Fund Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Mayor Oliver Gilbert Department:Mayor and City Council
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 LOBBYIST
UNDERTAKING AGREEMENT WITH YOLANDA CASH JACKSON OF BECKER
& POLIAKOFF, P.A., FOR A ONE (1) YEAR TERM, WITH THE OPTION TO
RENEW FOR AN ADDITIONAL ONE (1) YEAR TERM, IN THE AMOUNT OF
SIXTY THOUSAND DOLLARS ($60,000.00), A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO
THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Yolanda Cash Jackson of Becker & Poliakoff has provided lobbying services to the City from 2004
through 2014. A contract was executed in December 2012 for one year, with a one-year renewal. The
City is pleased with the services provided by the firm.
Item K-3) Consent Agenda
Resolution
Lobbyist Agreement
Page 33 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Mayor Gilbert is recommending that the City Council enter into a new one (1) year Agreement with
Becker & Poliakoff to provide Federal and State lobbying services, with an option to renew for an
additional one (1) year term. Becker & Poliakoff has agreed to once again provide Federal and State
lobbying services for the same amount as the previous contractual term.
Fiscal Impact
In the FY 2015 budget, $60,000 was budgeted for this service.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
Exhibit A: Lobbyist Agreement
Page 34 of 83
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 LOBBYIST UNDERTAKING 6
AGREEMENT WITH YOLANDA CASH JACKSON OF BECKER & 7
POLIAKOFF, P.A., FOR A ONE (1) YEAR TERM, WITH THE 8
OPTION TO RENEW FOR AN ADDITIONAL ONE (1) YEAR 9
TERM, IN THE AMOUNT OF SIXTY THOUSAND DOLLARS 10
($60,000.00), A COPY OF WHICH IS ATTACHED HERETO AS 11
EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO THE CITY 12
CLERK; PROVIDING FOR THE ADOPTION OF 13
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 14
15
WHEREAS, Becker & Poliakoff has provided lobbying services to the City since 16
2004, and 17
WHEREAS, the City Council has determined that it would like to enter into a new 18
one (1) year Agreement with Becker & Poliakoff, with an option to renew for an 19
additional one (1) year term, and 20
WHEREAS, under the Agreement Becker & Poliakoff will provide state and 21
federal lobbying services, 22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26
made a specific part of this Resolution. 27
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28
hereby authorizes the City Manager and the City Clerk to execute and attest 29
respectively, that certain Lobbyist Undertaking Agreement with Yolanda Cash Jackson 30
of Becker & Poliakoff, P.A., for a one (1) year term, with the option to renew for an 31
Page 35 of 83
2
additional one (1) year term, in the amount of Sixty Thousand Dollars ($60,000.00), a 32
copy of which is attached hereto as Exhibit “A”. 33
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 34
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 35
be maintained by the City, and one to be delivered to Becker & Poliakoff, P.A. 36
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 37
upon its final passage. 38
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 40
41
___________________________________ 42
OLIVER GILBERT, III, MAYOR 43
44
45
ATTEST: 46
47
48
__________________________________ 49
RONETTA TAYLOR, MMC, CITY CLERK 50
51
52
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 53
54
55
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 56
57
Moved by: __________________ 58
59
VOTE: _________ 60
61
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 62
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 63
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 64
Councilman David Williams Jr ____ (Yes) ____ (No) 65
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 66
Councilman Rodney Harris ____ (Yes) ____ (No) 67
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 68
69
Page 36 of 83
1
CITY OF MIAMI GARDENS
LOBBYIST UNDERTAKING
THIS AGREEMENT, made as of the _____ day of ______________, 2015, by and
between the CITY OF MIAMI GARDENS, Miami-Dade County, Florida, a municipal
corporation organized and existing under the laws of the State of Florida ("CITY"), and
BECKER & POLIAKOFF, P. A. ("CONSULTANT").
WITNESSETH:
WHEREAS, since 2004, CONSULTANT has provided lobbying services to the City,
and
WHEREAS, the City Council has determined that it would like to enter into a one
year agreement with CONSULTANT to provide lobbying services with an option to renew
for an additional one-year term, and
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the legal sufficiency of which is hereby acknowledged, the parties agree as follows:
1. SCOPE OF SERVICES:
CONSULTANT’s services during the tern of this Agreement shall include but not be limited
to:
STATE GOVERNMENT
A. Work with the City Council, City Manager’s Office in developing special or general
legislation as directed by the Council.
Page 37 of 83
2
B. Attend the State legislative Session on behalf of the City.
C. Testify and Lobby on behalf of the City, to the Governor and Cabinet, and all state
agencies, on behalf of the CITY.
D. Appear and testify at State agency hearings, rulemaking proceeding and other
administrative and legislative meetings, in order to promote and seek passage of
legislation affecting the CITY as directed by the City Council.
E. Coordinate appointments/meetings between the Mayor, City Council, and other City
staff, upon request, with appropriate State officials /Legislators.
F. Report regularly to the City Council, City Manager, and other applicable staff as
designated by the CITY, through correspondence, informational bulletins, and
personal briefings concerning legislation, rules, policy and program directions. This
will include, but not be limited to, forwarding copies of appropriate bills to CITY;
informing CITY of various meetings/hearings attended on CITY’s behalf; providing
CITY with any applicable interim studies prepared by the House or Senate,
clippings information from the Florida Administrative Weekly which may be
pertinent to the CITY; and individually meeting with or contacting the Mayor and
City Council on issues, as required by the City.
G. The CONSULTANT shall provide the City Council and the City Manager’s Office
with periodic reports during the time that the Florida Legislature has been called
into regular and special session. Additionally, the CONSULTANT shall be required
to send immediate alerts to the City Manager and Mayor’s Offices when an
immediate action may be required to be taken by the CITY or any action is being
contemplated by the Florida Legislature, which will directly impact the CITY.
Furthermore, the CONSULTANT shall assist in arranging trips to Tallahassee for
Page 38 of 83
3
staff or elected officials when required to address specific issues affecting the CITY.
Additionally, the CONSULTANT shall enhance the legislative program process by
initiating discussions, conferences and meetings with the CITY, by and through its
elected representatives and Senior Management staff personnel prior to the
commencement of the Regular Session of the Legislature. A report summarizing
the status of the CITY’s legislative priorities shall be provided within one week of
the closing of the session and a more detailed final written report on specific
legislation and new requirements affecting the CITY shall be provided within a
reasonable time period, not to exceed thirty days from the close of session.
H. CONSULTANT shall prepare and submit periodic written reports (at least
monthly) during those months that the legislature is not in session, on issues of
interest or concern to the CITY. Such information may include, but not limited to
action taken at interim committee meetings, rulemaking hearings, status of
studies underway, and advance notice of legislation being proposed.
I. CONSULTANT shall upon request by the CITY, assist the CITY in coordinating
applications and obtaining State grants. The CONSULTANT is not expected to
prepare grant applications.
FEDERAL GOVERNMENT
CITY intends to engage CONSULTANT on a temporary basis to provide legislative
consulting services relating to federal matters before the U.S. Congress, federal
administrative agencies and the Executive branch. It is expressly understood between
the parties that the City intends to issue an RFP and/or otherwise retain a separate
Lobbying Firm for federal lobbying purposes. If the City engages a separate federal
lobbyist, the parties agree to reevaluate the terms of this Agreement.
Page 39 of 83
4
CONSULTANT shall provide the federal lobbying services as set forth below:
J. CONSULTANT is expected to attend all scheduled, extended, or special
legislative sessions and meetings; federal administrative and agency hearings,
meetings, or rule making proceedings; and legal and legislative consulting
services.
K. CONSULTANT shall review on a continuing basis all existing and proposed
Federal policies, programs and legislation; identify those issues that may affect
the CITY or its citizens, and regularly inform the CITY as to these matters, both
written and orally; and to provide legal and legislative expertise and consulting
services.
L. CONSULTANT shall assist the City Council and staff in the coordination and
development of the CITY’s federal legislative program. These issues may
include: public safety, law enforcement, business attraction and retention,
infrastructure improvements, telecommunications, transportation, environmental,
affordable housing, economic development, revenue enhancement, mandates
and other issues.
M. CONSULTANT shall monitor federal legislative committee meetings, agencies
hearings and meetings prior to and during the regular and special legislative
session(s) at which specific issues within the CITY’s adopted legislative program
are considered, as well as others that may arise that affect the CITY.
N. CONSULTANT shall work with the City Council and staff to develop special or
general federal legislation in keeping with, or that are supportive of, the CITY’s
adopted legislative program.
Page 40 of 83
5
O. CONSULTANT shall develop strategies to obtain and maximize funding for all
areas of City services including but not limited to public works, law enforcement,
transportation infrastructure, water resources, housing, appropriations and grant
programs administered by the Federal government;
P. CONSULTANT shall coordinate funding, legislation and policy related activities
with the United States Congress and Federal agencies; Securing appropriate
authorizations and funding from the United States Congress and Federal
agencies to implement the CITY’S projects;
Q. CONSULTANT shall maintain direct and frequent contact with key United States
Senators and Representatives, and advocate for the CITY’S interests during the
United States legislative and regulatory process;
R. CONSULTANT shall, upon request, coordinate appointments/meetings between
the City Council or other CITY staff, and appropriate federal officials and
legislators.
GENERAL
S. CONSULTANT shall prepare and submit reports that may include but not limited
to: personal briefings and information bulletins pertinent to any legislation, rules
or regulations, and other federal policies or programs that affect the CITY and its
citizens either directly or indirectly. A report summarizing the status of the
CITY’s legislative priorities shall be provided within one week of the closing of the
session and a more detailed final written report on specific legislation and new
requirements affecting the CITY shall be provided within a reasonable time
period, not to exceed thirty days from the close of session.
Page 41 of 83
6
T. CONSULTANT shall prepare and submit periodic written reports (at least
monthly) during those months that the legislature is not in session, on issues of
interest or concern to the CITY. Such information may include, but not limited to
action taken at interim committee meetings, rulemaking hearings, status of
studies underway, and advance notice of legislation being proposed.
U. CONSULTANT shall upon request by the CITY, assist the CITY in coordinating
applications and obtaining Federal grants. The CONSULTANT is not expected
to prepare grant applications.
2. RESPONSIBILITIES OF THE CITY:
a. CITY shall designate the City Manager as the lead staff person to
coordinate with CONSULTANT; however, other individuals may be designated by City
Manager.
b. CITY shall have appropriate staff available as required to discuss
issues with CONSULTANT. CITY acknowledges that especially during the legislative
session, it is important to have the appropriate staff available.
c. CITY shall use its best efforts in cooperating with CONSULTANT in
providing the information and documentation necessary to CONSULTANT in the
performance of the lobbying services under this agreement.
3. CONSULTANT RESPONSIBILITIES:
CONSULTANT shall perform the scope of services, as set out in Section 1
and throughout this Agreement. This list shall not be deemed all-inclusive and may be
changed from time to time as authorized by the City Council.
Page 42 of 83
7
4. RETAINER
a. The CITY hereby retains the CONSULTANT, and the CONSULTANT
hereby accepts a retainer from the CITY in the amount of Sixty Thousand ($60,000)
Dollars annually ("RETAINER") to perform the services as set forth in the Scope of
Services.
b. The retainer shall be paid in monthly installments of $5,000.00 per
month upon presentation of an invoice outlining services rendered during the preceding
month, payable in arrears.
c. The retainer shall cover all out-of-pocket expenses incurred by
CONSULTANT.
5. TERM: The CONSULTANT is retained for a one year term. The parties
shall have the option to renew for an additional one (1) year term.
6. EARLY TERMINATION: The CITY reserves the right to terminate this
Lobbyist Undertaking at the CITY's convenience, provided that should the termination
occur after the fifth (5th) day of the month, the retainer for the month in which the
termination occurs shall be due in full.
7. OFFICE SPACE: CONSULTANT agrees to make office space available, to
the CITY in Tallahassee and Washington D.C. during the course of this Agreement, which
will be accessible to the CITY and its staff while in Tallahassee and Washington D.C., if
needed. CONSULTANT shall also provide any staff necessary to assist the CITY and its
staff while in the Tallahassee and Washington, D.C. area.
8. COMPLIANCE WITH RULES AND REGULATIONS: CONSULTANT
agrees to abide by any and all CITY ordinances and resolutions that relate to the services
provided pursuant to this Agreement.
Page 43 of 83
8
9. CONFLICT OF INTEREST: CONSULTANT agrees that it shall not
represent any entity in any form or support a position in opposition to a position of the
CITY, unless the City Council grants a specific waiver for a specific lobbying activity. The
failure to comply with this provision shall result in either or both of the following:
(i) This Agreement shall be voidable by the CITY or
(ii) CONSULTANT shall be prohibited for a period of up to three (3)
years as determined by the City Council in its sole discretion from entering into a lobbying
contract with the CITY.
10. NOTIFICATION:
a. CONSULTANT shall have the obligation to declare in writing the
existence of a conflict and request a waiver, if applicable, within five (5) business days of
the discovery of a conflict.
b. Separate and independent from the above-referenced obligation,
CONSULTANT must advise the City Manager, in writing, of any position in opposition that
of the CITY, taken by the selected CONSULTANT and at the CITY's discretion, this may
require that a request of waiver of such conflict be taken before the City Council. A
position in opposition to a position of the CITY may take the form of an adverse policy
position or something having adverse fiscal impact on the CITY, either directly or indirectly.
A position in opposition to a position of the CITY is not limited to a position that conflicts
with an expressed provision of the legislative package adopted by the City Council. It may
also arise in other areas. Not every CITY interest can be anticipated or enumerated in the
CITY's legislative package, and issues arise and change over the course of the legislative
process. It is incumbent upon the CONSULTANT to remain mindful of the CITY's policy
and fiscal interests and positions. If an actual or perceived conflict arises, CONSULTANT
shall advise the City Manager in writing within five business days, and seek a waiver of the
conflict before the City Council, as necessary.
Page 44 of 83
9
c. Once a conflict waiver has been received by the CITY, the City Manager, in
consultation with the City Attorney, reserves the right to determine whether CONSULTANT
may continue representing the CITY and the other party's interest until the City Council
can consider the conflict issue. The City Council may take, in its sole discretion, any
action regarding a waiver request, including but not limited to the following:
(i) Grant a waiver and allow the CONSULTANT to continue to represent
the both the CITY and the other party;
(ii) Refuse to grant a waiver and require the CONSULTANT to choose
between representing the CITY or the other party, or to discontinue representing the other
party;
(iii) Refuse to grant a waiver and void this Agreement;
(iv) Grant a limited waiver and allow the CONSULTANT to continue to
represent both the CITY and the other party under whatever limitations or restrictions the
CITY, in its sole discretion, determines to be proposed appropriate.
11. AUDIT: CONSULTANT shall maintain all records produced as a result of
this Agreement for at least three (3) years from the date of final payment. The CITY
shall have access to such books, records, and documents for the purpose of inspection
or audit during normal business hours at a place convenient and agreeable to the
CONSULTANT and the CITY.
12. KEY PERSONNEL: CONSULTANT agrees that the key personnel who
will be providing services to the CITY are Yolanda Cash Jackson and Clarence
Williams. CITY understands that it may be necessary for CONSULTANT to replace
certain key personnel. However, the City shall be consulted and shall have input prior
to the replacement of any Key Personnel.
13. INDEMNIFICATION: CONSULTANT shall indemnify and hold
harmless the CITY, its officers, employees, representatives and agents, from any and all
liability arising out of claims and litigation related to the services to be provided, including
Page 45 of 83
10
any actions that may arise from allegations regarding determination of appropriateness
or inappropriateness of care or any errors or omissions related to the service provided.
14. INSURANCE: CONSULTANT shall maintain during the term hereof,
comprehensive automobile liability insurance in the minimum amount of one million
($1,000,000.00) dollars, combined single-limit for bodily injury and property damage
liability to protect CONSULTANT and CITY from claims of damages for bodily and
personal injury, including death, as well as from claims for property damage, which may
arise from the ownership, use or maintenance of owned and non-owned automobiles,
including rented automobiles, whether such operations be by CONSULTANT or anyone
directly or indirectly employed by CONSULTANT. As well, CONSULTANT shall
maintain, during the term hereof, comprehensive general liability insurance in the
amount of one million ($1,000,000.00) dollars per occurrence, to protect CONSULTANT
and CITY from claims for damages for bodily and personal injury including wrongful
death, as well as from claims of property damages which may arise from any operations
in connection herewith, whether such operations be by CONSULTANT or by anyone
directly employed by or contracting with CONSULTANT. All insurance required
hereunder be maintained by CONSULTANT shall be subject to the CITY’s reasonable
approval as to ratings of the insurer, and such policies, as evidenced by a certificate
thereof, shall specifically include CITY an additional insured and provide thirty (30)
days written notice to CITY prior to any adverse changes, cancellation or non-renewal
coverage thereunder.
15. BAR ON CONTINGENCY FEES: No remuneration or reimbursement
described herein shall be based upon a "contingency factor" connected with the success
or failure of the CONSULTANT's efforts.
16. ATTORNEY'S FEES: Should any dispute arise hereunder, CITY shall be
entitled to recover against CONSULTANT all costs, expenses and attorney's fees incurred
Page 46 of 83
11
by CITY in such dispute, whether or not suit is brought, and such right shall include all of
such costs, expenses and attorney's fees through all appeals or other actions.
17. WAIVER: No waiver by CITY of any provision of this Agreement shall be
deemed to be a waiver of any other provisions hereof or of any subsequent breach by
CONSULTANT of the same, or any other provision or the enforcement thereof. CITY's
consent to or approval of any act by CONSULTANT requiring CITY's consent or approval
shall not be deemed to render unnecessary the obtaining of CITY's consent to or approval
of any subsequent consent or approval of CONSULTANT, whether or not similar to the act
so consented to or approved.
18. NON-ASSIGNABILITY: This Agreement or any portion hereof shall not be
assigned or transferred by either party without the written consent of the other party.
19. NOTICE: The delivery of any items and the giving of notice in compliance
with the terms of this Agreement shall be accomplished by making same, in writing, and by
the delivery thereof to the party intended to receive it or by mailing the same to the
address of such party as hereinafter set forth. In the event such notice is made by mail,
the same shall be given via U.S. mail, Return Receipt Requested and, unless otherwise
provided herein, notice or delivery by mail shall be effective when mailed to:
City Of Miami Gardens
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Phone: 305-914-9010
Attention: Cameron Benson, City Manager
BECKER & POLIAKOFF, P. A.
1 East Broward Boulevard
Suite 1800
Fort Lauderdale, Florida 33301
954-987-7550
Page 47 of 83
12
Attention: Yolanda Cash Jackson
20. PUBLIC RECORDS: To the extent required by law, Consultant shall
comply with the public records laws in accordance with Chapter 119, Florida Statutes.
Specifically, Consultant 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.
21. BINDING EFFECT: All of the terms and provisions of this Agreement shall
be binding upon and inure to the benefit of the parties hereto, their respective assigns,
successors, legal representatives, heirs and beneficiaries, as applicable.
22. CONSTRUCTION: 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.
23. SEVERABILITY: Should any word, phrase or provision hereof be declared
illegal or invalid by a court of competent jurisdiction, such declaration of illegality and/or
invalidity shall not affect the remainder hereof.
24. ENTIRE AGREEMENT; MODIFICATION: No statements, representations,
warranties, either written or oral, from whatever source arising, except as expressly stated
in this Agreement, shall have any legal validity between the parties or be binding upon any
of them. The parties acknowledge that this Agreement contains the entire understanding
Page 48 of 83
13
and agreement 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 Agreement is
executed.
25. CAPTIONS AND PARAGRAPH HEADINGS: Captions and paragraph
headings contained in this Agreement are for convenience and reference only and in no
way define, describe, extend or limit the scope and intent of this Agreement, nor the intent
of any provisions hereof.
26. JOINT PREPARATION: The preparation of this Agreement has been a
joint effort of the parties, and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other. It is
the parties’ further intention that this Agreement be construed liberally to achieve its intent.
27. COUNTERPARTS: This Agreement may be executed in one or more
counterparts, each of which shall be deemed to be an original, but all of which shall
constitute one and the same agreement.
28. EXHIBITS ARE INCLUSIONARY: All exhibits attached hereto or
mentioned herein which contain additional terms shall be deemed incorporated herein by
reference. Typewritten or handwritten provisions inserted in this form or attached hereto
shall control all printed provisions in conflict therewith.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the
day and year set forth below their respective signatures.
(Signatures to Follow)
Page 49 of 83
14
CITY OF MIAMI GARDENS
___________________________ Date:__________________________
CAMERON BENSON, CITY MANAGER
ATTEST:
_____________________________
City Clerk,
RONETTA TAYLOR, CMC
Approved As To Form
Sufficiency:
_____________________________________
SONJA K. DICKENS, CITY ATTORNEY
BECKER & POLIAKOFF, P.A.
By: ________________________
YOLANDA CASH JACKSON
Date:________________________
Page 50 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
XXX
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
General Fund –
Fleet Department
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:Renewal
ITB#12‐13‐006 Bus Shelter
Maintenance X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A
X
Sponsor Name
Cameron D. Benson,
City Manager
Department:Public Works Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE
RENEWAL OF THE AGREEMENT WITH SANCHEZ ARANGO CONSTRUCTION COMPANY FOR BUS SHELTER
MAINTENANCE THROUGH FEBRUARY 2016; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE
ORDERS, IN AN AMOUNT NOT TO EXCEED THE ANNUAL ALLOCATED BUDGETED AMOUNT.
Staff Summary:
Background
The City of Miami Gardens Public Works Department has oversight of the 117 bus shelters, 325 bus
benches, and 450 trash receptacles located throughout the City. On February 13, 2013, City Council
awarded a bid for Bus Shelter Maintenance to Sanchez Arango Construction Company. The first renewal
was approved by Council on September 10, 2014.
Item K-4) Consent Agenda
Resolution
Bus Shelters
Page 51 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Current Situation
The current solicitation allows for annual renewals for a maximum of three years. This is the second
renewal. Sanchez Arango Construction Company continues to provide maintenance of these amenities.
Staff is pleased with the company’s performance and recommends renewal of this contract for one (1)
year through February 2016. The company’s insurance is up to date.
Fiscal Impact
The budget allocation for Bus Shelter Maintenance for the Public Works Department for FY 2015 is
$110,000.
Proposed Action:
That the City Council approve the proposed resolution authorizing the City Manager to issue a purchase
order for Bus Shelter Maintenance for a total of $110,000 and approve the one (1) year renewal option.
Attachment:
None.
Page 52 of 83
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4
THE AGREEMENT WITH SANCHEZ ARANGO CONSTRUCTION 5
COMPANY FOR BUS SHELTER MAINTENANCE THROUGH 6
FEBRUARY 2016; AUTHORIZING THE CITY MANAGER TO 7
ISSUE PURCHASE ORDERS, IN AN AMOUNT NOT TO EXCEED 8
ONE HUNDRED TEN THOUSAND DOLLARS ($110,000.00), FOR 9
THIS PURPOSE; PROVIDING FOR THE ADOPTION OF 10
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, on February 13, 2013, the City Council adopted Resolution No. 13
2013-41-1837, which awarded a bid Sanchez Arango Construction Company, for bus 14
shelter maintenance, and 15
WHEREAS, the initial term of the Agreement was for a one year period, with an 16
option to renew annually for the maximum of three years, and 17
WHEREAS, City staff recommends renewing the Agreement with Sanchez 18
Arango Construction Company, and 19
WHEREAS, the total cost for bus shelter maintenance through February 2016 is 20
One Hundred Ten Thousand Dollars ($110,000.00), 21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25
made a specific part of this Resolution. 26
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27
hereby authorizes the renewal of the Agreement with Sanchez Arango Construction 28
Company for bus shelter maintenance through February 2016; and authorizes the City 29
Manager to issue purchase orders, in an amount not to exceed One Hundred Ten 30
Thousand Dollars ($110,000.00), for this purpose. 31
Page 53 of 83
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39
40
ATTEST: 41
42
43
__________________________________ 44
RONETTA TAYLOR, MMC, CITY CLERK 45
46
47
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 48
49
50
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 51
52
Moved by: __________________ 53
54
VOTE: _________ 55
56
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 58
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59
Councilman David Williams Jr ____ (Yes) ____ (No) 60
Councilwoman Lisa Davis ____ (Yes) ____ (No) 61
Councilman Rodney Harris ____ (Yes) ____ (No) 62
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63
64
65
Page 54 of 83
18605 NW 27 Avenue
Miami Gardens, Florida 33169
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14,2015 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:
General Fund‐ IT Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Cameron Benson,
City Manger
Department:Information Technology
Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF NINETY FOUR THOUSAND ONE
HUNDRED SIXTY DOLLARS AND FIFTY THREE CENTS ($94,160.53) TO TYLER TECHNOLOGIES, INC., FOR
FISCAL YEAR 2015 EDEN SOFTWARE MAINTENANCE SUPPORT AND LICENSES; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
On November 21, 2005, the City Council adopted a Resolution which authorized the purchase of the
Tyler Technologies’ Enterprise Resource System (ERP) – EDEN. EDEN is the now the backbone by which
the HR, Finance and Procurement Departments operate. The EDEN software package is also deeply
ingrained in the business processed of almost every other City department/division’s operations.
Item K-5) Consent Agenda
Resolution
P.O. to Tyler Technologies
Page 55 of 83
18605 NW 27 Avenue
Miami Gardens, Florida 33169
The first five years of maintenance and licenses were negotiated not to exceed 5% of the previous year.
The current cost for maintenance is a 3.3% increase above last year’s cost. The time has come for the
City to renew annual maintenance support and licenses for the EDEN software package. EDEN software
is a propriety software system and therefore the only company that can service and maintain the ERP
system is EDEN.
Fiscal Impact
For FY 2015, the annual cost for software maintenance is $94,160.53.
Proposed Action:
That the City Council approve the attached resolution authorizing the City Manager to issue a purchase
order to Tyler Technologies for the maintenance support and licenses of the EDEN software package in
an amount of $94,160.53.
Attachment:
Attachment A: Tyler Technologies Quote
Page 56 of 83
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4
MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT 5
OF NINETY FOUR THOUSAND ONE HUNDRED SIXTY 6
DOLLARS AND FIFTY THREE CENTS ($94,160.53) TO TYLER 7
TECHNOLOGIES, INC., FOR FISCAL YEAR 2015 EDEN 8
SOFTWARE MAINTENANCE SUPPORT AND LICENSES; 9
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10
PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, on December 14, 2005, the City Council adopted Resolution 2005-13
169-346, which authorized the City Manager to execute an agreement for the purchase 14
of the EDEN software package, and 15
WHEREAS, it is necessary for the City to renew the annual maintenance support 16
and licenses for the use of EDEN software, and 17
WHEREAS, the cost of maintenance increased is Ninety Four Thousand One 18
Hundred Sixty Dollars and Fifty Three Cents ($94,160.53) for fiscal year 2015, and 19
WHEREAS, the competitive bidding requirements do not apply because Tyler 20
Technologies is the sole source provider of EDEN software, 21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25
made a specific part of this Resolution. 26
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27
hereby authorizes the City Manager to issue a Purchase Order in the amount of Ninety 28
Four Thousand, One Hundred Sixty Dollars and Fifty Three Cents ($94,160.53) to Tyler 29
Technologies, Inc. for fiscal year 2015 EDEN software maintenance support and 30
licenses. 31
Page 57 of 83
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its final passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39
40
41
ATTEST: 42
43
44
__________________________________ 45
RONETTA TAYLOR, MMC, CITY CLERK 46
47
48
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 49
50
51
SPONSORED BY: CAMERON BENSON, CITY MANAGER 52
53
54
Moved by: __________________ 55
56
VOTE: _________ 57
58
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 60
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61
Councilman David Williams Jr ____ (Yes) ____ (No) 62
Councilwoman Lisa Davis ____ (Yes) ____ (No) 63
Councilman Rodney Harris ____ (Yes) ____ (No) 64
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65
66
67
68
69
70
Page 58 of 83
Invoice NoDatePage
12/01/2014 1 of 3
Ship To:Bill To:
Customer No.Currency Terms Due Date
5201 12/31/2014USD
City of Miami Gardens
Accounts Payable
1515 NW 167th Street, Suite 200
Miami Gardens, FL 33169
City of Miami Gardens
Accounts Payable
1515 NW 167th Street, Suite 200
Miami Gardens, FL 33169
Invoice
PO Number
NET30
Remittance:
59914
Ord No
045-122426
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Questions:
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: ar@tylertech.com *045$122426%*
Description Units Rate Extended PriceDate
Contract No.: MIAMI GARDENS, CITY OF
CORE Cashiering Support - 1 Station 1 3,385.61 3,385.61
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
CORE Cashiering Support - 1 Station 1 1,919.56 1,919.56
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
GL/AP/PG Support 1 5,078.43 5,078.43
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
LaserFiche interface Support 1 3,070.86 3,070.86
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
BMI Asset Tracking Interface Support 1 729.18 729.18
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
State Package Support 1 1,410.67 1,410.67
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
GASB Support 1 2,031.37 2,031.37
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
CASS Support 1 2,437.19 2,437.19
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Accounts Receivable Support 1 2,031.37 2,031.37
:
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Human Resources Support 1 2,539.21 2,539.21
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
OSDBA Support 1 15,044.56 15,044.56
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Contract Management Support 1 1,269.60 1,269.60
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Data Dictionaries/Menu Support 1 1,410.67 1,410.67
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Disaster Recovery Support 1 15,693.43 15,693.43
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Parcel Manager Support 1 846.40 846.40
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Applicant Tracking Support 1 1,269.60 1,269.60
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Licensing Support 1 3,047.06 3,047.06
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Position Budgeting Support 1 846.40 846.40
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Project Accounting Support 1 3,554.90 3,554.90
Page 59 of 83
Invoice NoDatePage
12/01/2014 2 of 3
Ship To:Bill To:
Customer No.Currency Terms Due Date
5201 12/31/2014USD
City of Miami Gardens
Accounts Payable
1515 NW 167th Street, Suite 200
Miami Gardens, FL 33169
City of Miami Gardens
Accounts Payable
1515 NW 167th Street, Suite 200
Miami Gardens, FL 33169
Invoice
PO Number
NET30
Remittance:
59914
Ord No
045-122426
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Questions:
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: ar@tylertech.com
Description Units Rate Extended PriceDate
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Tyler Output Processing Support 1 1,530.21 1,530.21
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Budget Preparation Support 1 1,269.60 1,269.60
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Crystal Reports Site License Support 1 1,128.55 1,128.55
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Payroll Support 1 5,642.68 5,642.68
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Permits & Inspections Support 1 4,232.02 4,232.02
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Requisitions Support 1 507.84 507.84
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Bid & Quote Support 1 1,269.60 1,269.60
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Forms Support 1 1,015.69 1,015.69
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Forms Support 1 3,216.33 3,216.33
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Custom Reports Support 1 2,656.54 2,656.54
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Accounts Payable Support Web 1 768.10 768.10
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Bid & Quote Support Web 1 768.10 768.10
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Human Resources Support Web 1 846.40 846.40
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Licensing Support Web 1 846.40 846.40
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Permits & Inspections Support Web 1 846.40 846.40
Maintenance: Start: 01/Jan/2015, End: 31/Dec/2015
Page 60 of 83
Invoice NoDatePage
12/01/2014 3 of 3
Ship To:Bill To:
Customer No.Currency Terms Due Date
5201 12/31/2014USD
City of Miami Gardens
Accounts Payable
1515 NW 167th Street, Suite 200
Miami Gardens, FL 33169
City of Miami Gardens
Accounts Payable
1515 NW 167th Street, Suite 200
Miami Gardens, FL 33169
Invoice
PO Number
NET30
Remittance:
59914
Ord No
045-122426
Tyler Technologies, Inc.
(FEIN 75-2303920)
P.O. Box 203556
Dallas, TX 75320-3556
Questions:
Tyler Technologies - ERP & Schools
Phone: 1-800-772-2260 Press 2, then 1
Fax: 1-866-673-3274
Email: ar@tylertech.com
Description Units Rate Extended PriceDate
94,160.53
0.00
Subtotal
Invoice Total 94,160.53
Sales Tax
**ATTENTION**
Order your checks and forms from
Tyler Business Forms at 877-749-2090 or
tylerbusinessforms.com to guarantee
100% compliance with your software.
Page 61 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 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:
N/A Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Sponsor Name
Cameron Benson,
City Manger
Department:Fleet Management
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
DECLARING TWELVE (12) FLEET VEHICLES TO BE SURPLUS; AUTHORIZING THE CITY
MANAGER TO UTILIZE RENE BATES AUCTIONEERS, INC. FOR AUCTION SERVICES TO
DISPOSE OF THE SURPLUS VEHICLES; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
In accord with City policy, the City Manager, at his discretion may sell to the general public, by auction,
sealed bid, or other acceptable method any City-owned surplus property. Sales or trades of surplus
supplies or equipment of a value in excess of five thousand dollars ($5,000.00) shall be approved by the
City Council.
The City participates in the Southeast Florida Cooperative Group RFP for Auction Services. Fisher
Auction Company, Inc. located in Miami, Florida was awarded “On-Site Auction Services” and Rene
Bates Auctioneers, Inc. located in McKinney, Texas was awarded “Internet Auction Services”. Staff will
arrange to have Rene Bates Auctioneers, Inc. conduct an on-line auction of vehicles that are being taken
out service.
Item K-6) Consent Agenda
Resolution
Declaring Surplus
Page 62 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Staff estimates that 12 fleet units (which could consist of automobile, truck, trailer or motorcycle) will be
taken out of service as surplus this fiscal year. The average selling price is $3,000 each.
Proposed Action:
That the City Council approves the attached resolution authorizing the City Manager to dispose of the
surplus property.
Attachment:
N/A
Page 63 of 83
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, DECLARING TWELVE (12) FLEET 4
VEHICLES TO BE SURPLUS; AUTHORIZING THE CITY 5
MANAGER TO UTILIZE RENE BATES AUCTIONEERS, INC. FOR 6
AUCTION SERVICES TO DISPOSE OF THE SURPLUS 7
VEHICLES; PROVIDING FOR THE ADOPTION OF 8
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9
10
WHEREAS, on May 22, 2013, the City Council adopted Resolution No. 2013-11
139-1935, which awarded a bid to Rene Bates Auctioneers, Inc. to conduct internet 12
auction services on behalf of the City, and 13
WHEREAS, City staff estimates that 12 fleet vehicles will be taken out of service 14
during Fiscal Year 2015, and 15
WHEREAS, in accordance with Section 2-844 of the City's Code of Ordinances, 16
the City Council determines the disposition of any property valued over Five Thousand 17
Dollars ($5,000.00), and 18
WHEREAS, the City Manager is requesting that the City Council declare the 19
vehicles surplus, and authorize the City Manager to dispose of the surplus property, 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 declares twelve (12) fleet vehicles to be surplus; and further authorizes the City 27
Manager to utilize Rene Bates Auctioneers, Inc., for auction services, to dispose of the 28
surplus vehicles. 29
Page 64 of 83
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 30
upon its final passage. 31
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 32
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 33
34
___________________________________ 35
OLIVER GILBERT, III, MAYOR 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: CAMERON D. BENSON, CITY MANAGER 49
50
Moved by: __________________ 51
52
VOTE: _________ 53
54
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 56
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57
Councilman David Williams Jr ____ (Yes) ____ (No) 58
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59
Councilman Rodney Harris ____ (Yes) ____ (No) 60
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61
62
63
Page 65 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 2015 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes
No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source:
N/A Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A
X
Sponsor Name
Cameron D. Benson,
City Manager
Department:Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING
SUBSTANTIAL AMENDMENTS TO THE CITY OF MIAMI GARDENS’ HOUSING POLICIES, ATTACHED HERETO
AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Background
On December 13, 2006, the City Council approved the City of Miami Gardens Housing Program Policies,
which were developed by the Department of Community Development (the Department) to establish
and administer various Housing Programs. Over the past eight (8) years the Department has seen many
changes to our funding sources and lessons learned, which have required amendments to the City’s
Housing Policies.
Item K-7) Consent Agenda
Resolution
Housing Policy Amendment
Page 66 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
As a reminder, the purposes of the Housing Program Policies are:
To ensure the City’s compliance with the requirements of the various funding sources, and
To achieve program effectiveness, including consistency and fiscal responsibility.
Current Situation
Periodically, City Staff reviews the Housing Program Policies to ensure that they are in compliance with
current program requirements and funding sources. In 2012, based on a 25% reduction in CDBG and a
total cut in SHIP funds, staff recommended updating the housing policies to include only exterior Tier I
home rehabilitation, awarding work to specialty trades on a rotating basis, and requiring applicants who
fall into our 50‐80% AMI category to repayable loans.
Hardening the exterior of homes has been the Department’s priority and in order to further protect and
preserve the exterior of the home, the Department would like to add Exterior Paint to Tier I. This will
not only help to resist stains, dirt and moisture, but it is an inexpensive way to improve the overall
aesthetics of the property, increasing the value and hopefully prompting others in the neighborhood to
do the same.
Furthermore, due to the square footage of the homes and rehabilitation work involved, awarding these
projects to specialty trades on a rotating basis has proven to be more expensive and inefficient of staff
time than putting the projects out through a competitive bidding process. As a result, staff through a
Request For Qualifications, will establish an approved qualified contractor list. Thereafter, staff will place
all rehab work out through a competitive bidding process to all approved contractors on said list and
award accordingly to the lowest responsible and responsive bidder.
City Staff recommends amending Section 5 of the Housing Program Policies, as attached.
Fiscal Impact
This is a policy revision, therefore will have no fiscal impact.
Proposed Action:
That the City Council approves the attached resolution.
Attachment:
Section 5 of the Housing Program Policies
Page 67 of 83
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, APPROVING SUBSTANTIAL 4
AMENDMENTS TO THE CITY OF MIAMI GARDENS’ HOUSING 5
POLICIES, ATTACHED HERETO AS EXHIBIT A; PROVIDING 6
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 7
FOR AN EFFECTIVE DATE. 8
9
WHEREAS, the City’s Housing Policies were established in 2006, and 10
WHEREAS, the Housing Policies are utilized by the Department of Community 11
Development to establish and administer various Housing Programs, and 12
WHEREAS, due to a cut in funding from the State Housing Initiatives Partnership 13
(SHIP) program, City staff recommends amending Section 5 of the Housing Policies to 14
allow the completion of certain home rehabilitation projects by specialty trades, and 15
WHEREAS, the City’s Housing Policies are also being amended to establish a 16
list of qualified contractors that are selected through a competitive bidding process, 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby approves the amendments of Housing Policies, as outlined on Exhibit “A” 24
attached hereto. 25
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26
upon its final passage. 27
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 29
Page 68 of 83
2
30
___________________________________ 31
OLIVER GILBERT, III, MAYOR 32
33
34
35
ATTEST: 36
37
38
__________________________________ 39
RONETTA TAYLOR, MMC, CITY CLERK 40
41
42
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 43
44
45
SPONSORED BY: CAMERON BENSON, CITY MANAGER 46
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 Davis ____ (Yes) ____ (No) 57
Councilman Rodney Harris ____ (Yes) ____ (No) 58
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 59
60
61
62
63
64
Page 69 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 2014 Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes
No Ordinance Reading:
1st Reading 2nd Reading
X Public Hearing:
Yes No Yes No
Funding Source:
Advertising Requirement:
Yes No
X
Contract/P.O. Required:
Yes No RFP/RFQ/Bid #: 13‐14‐033
X
Strategic Plan Related:
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Business and Economic
Development
X
Sponsor Name:
Cameron D. Benson,
City Manager Department:
City Manager
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING A POLICY FOR THIRD PARTY SPONSORSHIPS OF
SERVICES, PROJECTS, EVENTS, FACILITIES AND ACTIVITIES, ATTACHED
HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
Staff is interested in pursuing sponsorship agreements with third parties, wherein the third party receives access
to the commercial and/or marketing potential associated with the City in exchange for cash considerations.
Sponsorship opportunities may also come in the form of in‐kind services to the City. The agreement may be for
Item K-8) Consent Agenda
Resolution
Sponsorship Policy
Page 70 of 83
18605 NW 27th Avenue
Miami Gardens, Florida 33056
one or more of the City’s services, projects, events, facilities or activities. This legislation will provide authorization
and control over those sponsorship agreements. Staff will pursue sponsorships that are mutually beneficial to all
parties involved. Furthermore, the legislation will assist in the Administration’s continuous effort to build
relationships with major businesses and corporations interested in investing in the City. The proposed change will
allow staff an opportunity to obtain another non‐tax revenue source. Once the ordinance is passed, this item will
approve the written policy attached.
Proposed Action:
It is recommended that the City Council approve the attached sponsorship policy.
Attachments
Attachments:
A‐ City of Miami Gardens Sponsorship Policy
Page 71 of 83
RESOLUTION NO. 2014____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, APPROVING A POLICY FOR THIRD PARTY 4
SPONSORSHIPS OF SERVICES, PROJECTS, EVENTS, FACILITIES 5
AND ACTIVITIES, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING 6
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7
EFFECTIVE DATE. 8
9
WHEREAS, the City desires to authorize third party sponsorships for City 10
services, projects, events, facilities and activities, and 11
WHEREAS, such sponsorships will permit the City to accept cash and/or in-kind 12
donations, in exchange for third party marketing and advertising, and 13
WHEREAS, the City Council would like to adopt policies and procedures as it 14
relates to the City’s acceptance of these sponsorships, 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 adopts the policies and procedures for third party sponsorships for City services, 22
projects, events, facilities and activities, attached hereto as Exhibit “A.” . 23
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 24
upon its final passage. 25
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 26
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2014. 27
28
Page 72 of 83
2
___________________________________ 29
OLIVER GILBERT, III, MAYOR 30
31
32
33
ATTEST: 34
35
36
__________________________________ 37
RONETTA TAYLOR, MMC, CITY CLERK 38
39
40
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 41
42
43
SPONSORED BY: 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 C. Davis ____ (Yes) ____ (No) 54
Councilman Rodney Harris ____ (Yes) ____ (No) 55
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 56
57
Page 73 of 83
1
CITY OF MIAMI GARDENS
SPONSORSHIP POLICY
I. PURPOSE:
A. The aim of this policy is to create an authorized environment for entering into
sponsorship agreements with third parties where such sponsorships are mutually
beneficial to both parties in a manner that is consistent with all applicable policies
set by City of Miami Gardens. The purpose of the policy and procedures as
outlined is to:
1. Uphold the City stewardship role to safeguard the City’s assets and
interests.
2. Provide employees with guidelines and procedures based on best
practices.
3. Protect the City of Miami Gardens from risk.
B. The policy provides an enabling environment for the City to enter into
sponsorship agreements within set guidelines and procedures for the purpose of
optimizing non-tax revenue sources. Under the conditions of this policy, City
staff may solicit such sponsorship agreements.
C. The City shall not relinquish to the sponsor any aspect of the City’s right to
manage and control the City’s assets or facilities.
D. This policy is not applicable to philanthropic contributions, grants, or unsolicited
donations in which no benefits are granted to the sponsor and where no business
relationship exists.
II. SCOPE:
A. This policy applies to all City departments and divisions.
B. This policy does not apply to:
1. Independent foundations or registered charitable organizations from which
the City may receive benefit.
2. Philanthropic contributions or unsolicited donations to the City.
3. Funding obtained from other orders of government through formal grant
programs.
Page 74 of 83
2
4. City sponsorship support of external projects where the City provides
funds to an outside organization.
5. Third parties who lease City property or hold permits with the City for
activities or events.
III. DEFINITIONS:
A. “Sponsorship” shall mean a mutually beneficial business arrangement between
the City and a third party, wherein the third party provides cash and/or in-kind
services to the City in return for access to the commercial and/or marketing
potential associated with the City. Sponsorships may include sponsorship of one
or more of the City’s services, projects, events, facilities or activities.
B. “Sponsorship agreement” shall mean a mutually beneficial, contractual agreement
that reflects the business arrangement for the exchange of commercial and/or
marketing benefits between the City and a third party for a specified period of
time.
C. “Sponsor” shall mean a third party that enters into a sponsorship agreement with
the City.
D. “In-kind sponsorship” shall mean a sponsorship received in the form of goods
and/or services rather than cash.
E. “Request for sponsorship (RFS)” shall mean an open and competitive process
whereby third parties may express their interest in participating in sponsorship
opportunities with the City. Requests for sponsorship should include a summary
of the sponsorship opportunity, benefits for participation, and a description of the
open and competitive procedure for expressing interest in participating in
sponsorship opportunities.
F. “Naming rights” shall mean a type of sponsorship in which a third party
purchases the exclusive right to name a whole asset or venue. The naming of a
component of an asset or venue (e.g. – bench in a park, specific room in a
building) is not considered to be naming rights for the purposes of this policy and
would be categorized as per Section VI (Type A or C). Sponsorship naming
rights are considered in the commercial context only, where the naming right is
sold or exchanged for significant cash or other revenue support. This
arrangement must be documented in an agreement signed by the interested parties
and shall have a specified end date to the contractual obligations.
G. “Philanthropic contribution” shall mean a contribution to City of Miami Gardens
from a third party for which there is no reciprocal commercial and/or marketing
benefit expected or required from the City. Such contributions are separate and
distinct from sponsorship and shall be governed by a separate City policy.
Page 75 of 83
3
IV. RESTRICTIONS:
A. In general, the following industries and products are not eligible for sponsorships
With the City of Miami Gardens: political or faith-based organizations,
companies whose business is substantially derived from the sale of alcohol,
tobacco, firearms or adult use businesses. Only the City Council may grant a
waiver from this provision. The City reserves the right to reject any sponsorship
when it is deemed not to be in the best interest of the City.
B. City of Miami Gardens shall reject advertising that does not comply with the
standards set forth in this policy. All full advertising graphic designs must be
submitted in sufficient detail to determine content and final general appearance to
the City Manager or his/her designee for review and approval before application.
The approval process for advertising design shall not exceed thirty (30) business
days from time of submittal.
C. The following standards for advertising are adopted and will not be displayed:
1. Is false, misleading or deceptive
2. Relates to an illegal activity
3. Is explicit sexual material, obscene material, or material harmful to minors
4. Advertises tobacco products
5. Includes language which is obscene, vulgar, profane, or scatological
6. Relates to instruments, devices, items, products or paraphernalia that are
designed for use in connection with specific sexual activities
7. Depicts violence and/ or anti-social behavior
V. POLICY:
A. Program Sponsorship: Sponsorship of a City of Miami Gardens event, program or
asset.
B. Naming Rights Sponsorship: Any sponsorship that falls into the definition for
Naming Rights.
C. Purchasing Sponsorship: Any sponsorship that includes purchasing of
commodities, materials, equipment, or services.
Page 76 of 83
4
VI. PROCEDURES & AUTHORITY:
A. The City shall provide notice of all sponsorship opportunities. Sponsorship
opportunities shall at a minimum be posted on the City’s website for a minimum period
of ten (10) days.
B. Sponsorship opportunities that do not exceed the City Manager’s authority as
outlined in Sec. 2-752 of the City’s Code shall be awarded using the process outlined
below:
1. Person’s wanting to respond to a sponsorship opportunity shall submit a
Request For Sponsorship Form (RFS) by the deadline posted in the notice or
if no deadline is posted, at any time that the sponsorship is available. The
City reserves the right to entertain and accept multiple RFS’ and to enter into
multiple sponsorship agreements for the same purpose.
2. Upon the submission of a RFS, the City Manager or his/her designee shall
engage in negotiations with the proposed sponsor. Nothing herein shall
prohibit the City Manager or his/her designee from negotiating with multiple
persons for the same sponsorship opportunity. Upon completion of
negotiations, a Sponsorship Agreement Form shall be completed.
3. After approval by the City Manager or his/her designee, the agreement shall
be forwarded to City Attorney’s Office for review and approval.
4. If not approved at any stage of approval process, the Sponsorship Agreement
form shall be returned to designated contact with explanation for non-
approval.
C. Sponsorship opportunities that exceed the City Manager’s authority as outlined in
Sec. 2-752 of the City’s Code shall be awarded by the City Council.
D. All sponsorships that relate to purchasing opportunities shall be governed by
Chapter 2, Article IX of the City’s Code of Ordinances.
E. All approved sponsorship agreements must include:
1. Signatures by authorized representatives of the City and the sponsor.
Authorized representative of the City shall be the highest ranking approval
authority from the above-stated review process.
2. Term of the agreement, including provisions for termination.
3. Details of the exchange of benefits, including what will be provided to the
City by the sponsor and what will be provided by the City to the sponsor.
Page 77 of 83
5
F. A report summarizing approved sponsorship agreements shall be submitted to the
City Council at least quarterly and filed with the City Clerk.
Page 78 of 83
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
January 14, 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:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:RFQ# 13‐14‐038 Planning &
Zoning Services
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 D. Benson
City Manager Department:
City Manager
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AWARDING A BID TO
______________________________ FOR PLANNING AND ZONING
SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
BACKGROUND
This memo provides a recommendation regarding the provision of planning & zoning services (P & Z) for the
City. The underlying factors supporting this recommendation include budgetary impacts to the General Fund
and levels of service to residents.
Item L-1) Resolution
Planning & Zoning Services
Page 79 of 83
The primary functions of this department include adoption and periodic updates to the City’s Comprehensive
Development Master Plan and application of Land Development Regulations through Zoning reviews and
inspections. In Fiscal Year 13-14, The P & Z Division was restructured reducing its staff to 3 employees, all of
which are in specialized professional capacities. Through personnel actions, staffing has been further reduced
to 1 employee. P & Z services are currently supplemented through staffing from the professional services
contract at the contracted hourly rate.
From inception to Fiscal year 13-14, the City’s P & Z Division was funded from the Development Services
Fund (which also includes our Building Division). As of Fiscal year 14-15, the P & Z Division is funded from the
General Fund. P & Z’s operating budget was approximately $400k for the previous fiscal year. Salaries and
fringes alone account for approximately $200k. As of the end of Fiscal Year 13-14, there was only $290k in
fees collected.
As evidenced by the previous fees collected in P & Z, the City is unable to support a full P & Z staff. It is
therefore recommended that P & Z services be outsourced to a professional planning & engineering firm such
that the operating costs of this department would be immediately alleviated, and hence the projected General
Fund expenditure significantly reduced. The current staff person will manage the planning & zoning services
contract provisions and support staff; thus, ensuring the quality and level of service to the Residents and
Businesses is maintained.
The basic cost of outsourcing is covered by the fees charged to the client for re-zoning processes or plans
review, and hence at no cost to the City (cost recovery basis). Under cost recovery, the City will receive an
administrative fee to cover the budgeted expenditures. The exceptions to a cost recovery scenario would be
for special planning projects and services not covered as part of the day-to-day P & Z functions at which time
we will use negotiated hourly rates.
CURRENT SITUATION
City Staff prepared specifications to retain a professional Planning and Zoning Consultant to provide planning
and zoning services. The request for qualifications RFQ#13-14-038 was posted on July 14, 2014. A
broadcast notice was sent to 1651 vendors. Thirty-one proposal packages were requested. Three proposals
were received and publicity read on August 12, 2014. A copy of the proposal document and submittals are
available at the assistant to the mayor and council’s office for review. All proposals were reviewed and
evaluated on September 9, 2014 by the selection committee consisting of Craig Clay, Shellie Ransom-
Jackson, Irma Matos and Darian Martin. The consultants were evaluated based on a maximum of 340 points
Proposal Evaluation Scores:
Firms Score
Calvin Giordano & Associates,
Inc.
262
The Corradino Group 267
E.L. Waters & Company LLC 163
The consultants were invited to present their proposals orally on October 1, 2014. Each firm was allotted
fifteen minutes with an additional ten minutes for questions and answers.
Oral Presentation Evaluation Scores:
Page 80 of 83
Firms Score
Calvin Giordano & Associates,
Inc.
269
The Corradino Group 248
E.L. Waters & Company LLC 159
Based on the proposal and oral presentation scores, the selection committee recommends award to Calvin
Giordano & Associates, Inc.
The City Manager is requesting authority to negotiate and execute a contract with the successful bidder.
Proposed Action:
Staff recommends Council approve the resolution authorizing the City Manager to negotiate and execute
a contract for outsourcing the Planning and Zoning operation to ________________________________.
Attachments:
Evaluation Sheet
Contract
Page 81 of 83
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AWARDING A BID TO 4
______________________________ FOR PLANNING AND 5
ZONING SERVICES; AUTHORIZING THE CITY MANAGER TO 6
NEGOTIATE AND EXECUTE AN AGREEMENT FOR THIS 7
PURPOSE; PROVIDING FOR THE ADOPTION OF 8
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9
10
WHEREAS, the Planning and Zoning Department has been restructured and 11
reduced to one employee, and 12
WHEREAS, Planning and Zoning services are currently supplemented through 13
staffing from a professional services contract at the contracted hourly rate, and 14
WHEREAS, it is being recommended that Planning and Zoning services be 15
outsourced to further reduce the Department’s operating costs, and 16
WHEREAS, City Staff prepared specifications to retain a professional Planning 17
and Zoning consultant, and 18
WHEREAS, on August 12, 2014, three (3) proposals were received and publicly 19
read, and 20
WHEREAS, on October 1, 2014, the following firms made presentations to City 21
staff: Calvin, Giordano & Associates, Inc.; The Corradino Group, Inc.; and E.L. Waters & 22
Company, LLC, and 23
WHEREAS, the City Council awards a bid to 24
_______________________________ for Planning and Zoning Services, 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
Page 82 of 83
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31
hereby awards a bid to __________________________ for Planning and Zoning 32
Services; and authorizes the City Manager to negotiate and execute an Agreement for 33
this purpose. 34
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35
upon its final passage. 36
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2014. 38
39
___________________________________ 40
OLIVER GILBERT, III, MAYOR 41
42
43
ATTEST: 44
45
46
__________________________________ 47
RONETTA TAYLOR, MMC, CITY CLERK 48
49
50
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 51
52
53
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 54
55
Moved by: __________________ 56
57
VOTE: _________ 58
59
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 61
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62
Councilman David Williams Jr ____ (Yes) ____ (No) 63
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 64
Councilman Rodney Harris ____ (Yes) ____ (No) 65
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 66
67
Page 83 of 83