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HomeMy WebLinkAbout01.11.2017 City Council AgendaJanuary 11, 2017, City Council Agenda Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: January 11, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: January 25, 2017 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. City Manager Cameron Benson City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – December 14, 2016 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) (G) PUBLIC COMMENTS 1 OF 194 January 11, 2017, City Council Agenda Page 2 (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR A 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA DIRECTING THAT THE CITY MANAGER TAKE ALL STEPS NECESSARY FOR THE CITY TO HOST THE 3RD ANNUAL “MIAMI GARDENS WINE AND FOOD EXPERIENCE” IN THE FALL OF 2017, INCLUDING THE HIRING OF NECESSARY PROFESSIONALS; PROVIDING FOR A WAIVER OF BID PROCEDURES FOR PURCHASES MADE IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN DAVIS) (DEFERRED FROM DECEMBER 14, 2016) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RETAIN CONSULTANTS, SEEK GRANTS AND EXECUTE CONTRACTS NECESSARY FOR THE PRODUCTION 2 OF 194 January 11, 2017, City Council Agenda Page 3 OF THE INTERNATIONAL MUSIC FESTIVAL TO BE HELD AT BETTY T. FERGUSON RECREATIONAL COMPLEX IN THE SUMMER OF 2017; AUTHORIZING A SPONSORSHIP FROM THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ERHABOR IGHODARO) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, VICE MAYOR ERHABOR IGHODARO’S APPOINTMENT OF LANETTE JONES TO THE COMMISSION FOR WOMEN ADVISORY COMMITTEE FOR A TERM THAT WILL COINCIDE WITH THE TERM OF THE VICE MAYOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR ERHABOR IGHODARO) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE FLORIDA HOUSE OF REPRESENTATIVES AND THE FLORIDA SENATE TO ALLOW FOR LOCAL REGULATION OF PLASTIC BAGS IN ACCORDANCE WITH FLORIDA STATUE 403.7033; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR IGHODARO) K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE COUNTY RESOLUTION NUMBER R-325-16, URGING THE EXPEDITIOUS PLANNING OF PHASE II OF THE BISCAYNE BAY COSTAL WETLANDS PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILWOMAN ROBINSON’S SPECIAL EVENTS ACCOUNT (01-11-01-511-494-01), TO SUPPORT THE AMERICAN HEART ASSOCIATION GO RED DAY ON FEBRUARY 3, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN ROBINSON) K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPOINTING DAWN GRACE JONES AND QUENTIN MORGAN AS SPECIAL MASTERS AND 3 OF 194 January 11, 2017, City Council Agenda Page 4 LOCAL HEARING OFFICERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO DUVAL FORD INC., OF JACKSONVILLE, FLORIDA, FOR THE PURCHASE OF FIVE FLEET VEHICLES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FORTY TWO THOUSAND THIRTY TWO DOLLARS ($142,032.00) BY RELYING UPON THAT CERTAIN FLORIDA SHERRIFF’S ASSOCIATION CONTRACT FSA 16- VEL24.0; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO HUB CITY, INC., OF JACKSONVILLE, FLORIDA FOR THE PURCHASE OF TWO (2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-VEL24.0; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER AMENDING THE EXISTING SCOPE OF WORK AND TOTAL CONTRACT VALUE FOR REQUEST FOR PROPOSAL (RFP) NUMBER 14-15-004(A), TROLLEY CIRCULATOR SERVICES, TO INCLUDE EXTENDED WEEKEND OPERATING BUS TRANSIT SERVICES, AND PUBLIC TRANSIT SERVICES DEEMED NECESSARY FOR DESIGNATED CITY EVENTS, FOR AN AMOUNT NOT TO EXCEED THE ANNUAL BUDGET ALLOCATION; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. SPONSORED BY THE CITY MANAGER) K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAFEWARE, INC., FOR THE PURCHASE OF A PHYSICAL SECURITY 4 OF 194 January 11, 2017, City Council Agenda Page 5 INFORMATION MANAGEMENT SOLUTION, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY THOUSAND SEVENTY FIVE DOLLARS ($230,075.00), BY RELYING ON U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE RFP NUMBER 11-205753-10; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE UNIVERSITY OF SOUTH FLORIDA’S CENTER FOR URBAN TRANSPORTATION FOR THE ACCEPTANCE OF THE URBAN TRANSPORTATION RESEARCH GRANT IN THE AMOUNT OF SIXTEEN THOUSAND DOLLARS ($16,000.00) FOR A PEDESTRIAN AND BICYCLE SAFETY PROGRAM, A COPY OF WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO TYLER TECHNOLOGIES INC., FOR MAINTENANCE SUPPORT AND LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE AMOUNT OF NINETY-FOUR THOUSAND EIGHT HUNDRED FORTY DOLLARS AND TWENTY-ONE CENTS ($94,840.21), FOR FISCAL YEAR 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-14) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR THE ACCEPTANCE OF THE COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO ASSIST WITH THE DEVELOPMENT OF URBAN DESIGN STANDARDS WITHIN THE ENTERTAINMENT OVERLAY DISTRICT, A COPY OF WHICH IS ATTACHED 5 OF 194 January 11, 2017, City Council Agenda Page 6 HERETO TO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S) None QUASI-JUDICIAL ZONING HEARINGS: (M) ORDINANCES ON FOR FIRST READING(S): M-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY SUNBEAM REALTY, LLC FOR THE REZONING OF PROPERTY LOCATED AT 502 N.W. 207TH STREET, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM AU – AGRICULTURAL AND UTILITIES DISTRICT TO R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Deferred from November 9, 2016) (Deferred from December 14, 2016) (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (O) RESOLUTION(S)/PUBLIC HEARING(S) None (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (S) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT 6 OF 194 January 11, 2017, City Council Agenda Page 7 DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 7 OF 194 18605 N W 27th Avenue, Suite 165 Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x X Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: General Fund Advertising Requirement: (Enter X in box) Yes No x X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Sponsor Name David Williams, Jr. Councilman Department: Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR A 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Agenda Item I-1 - 2nd Reading Ord. Moratorium on operation of Medical Marijuana dispensing facilities 8 OF 194 18605 N W 27th Avenue, Suite 165 Miami Gardens, Florida 33056 Staff Summary: On November 8, 2016, Amendment 2 to the Florida Constitution, legalizing medical marijuana, was approved by Florida voters. Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations are new and unique uses which are not currently addressed by the City's Land Development Regulations or Code of Ordinances. Pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required to protect the public health, safety and welfare of its citizens and has the power and authority to enact regulations for valid governmental purposes that are not inconsistent with general or special law. Section 381.986(8)(b), Fla. Stat, permits a municipality to determine by ordinance, the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities or dispensing organizations located within the municipality, and Councilman David Williams, Jr., is recommending a temporary moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of the City of Miami Gardens permitting or having the effect of permitting new Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations to allow time to review, study and hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances to address this new and unique use. The City needs time to research and study the nature and scope of possible measures for regulating Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations, The purpose of this moratorium is to preserve the status quo and enable sufficient time for the City to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/ or Code of Ordinances, relating to the appropriate locations for medical marijuana dispensing facilities and Medical Marijuana Dispensing Organizations. During this 180-day period, the City will not take any action on any application for certificate of use, business tax receipts, development permits, issue any development order, or take other official action, which would have the effect of allowing, or permitting the development of Medical Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations, except as provided in this Ordinance. Proposed Action: That the City Council approves the proposed Ordinance. Attachment: 9 OF 194 1 ORDINANCE NO. 2017_____ 1 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, DECLARING ZONING IN 4 PROGRESS AND IMPOSING A MORATORIUM ON THE 5 SUBMISSION, PROCESSING AND ISSUANCE OF 6 DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS 7 TAX RECEIPTS AND ALL OTHER APPLICATIONS AND 8 PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA 9 DISPENSING FACILITIES AND MEDICAL MARIJUANA 10 DISPENSING ORGANIZATIONS FOR A 180-DAY PERIOD; 11 PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY 12 AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR 13 PENALTIES; PROVIDING FOR ADOPTION OF 14 REPRESENTATIONS; REPEALING ALL ORDINANCES IN 15 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 16 FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 17 18 WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and 19 Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and 20 required to protect the public health, safety and welfare of its citizens and has the power 21 and authority to enact regulations for valid governmental purposes that are not 22 inconsistent with general or special law, and 23 WHEREAS, on November 8, 2016, Amendment 2 to the Florida Constitution, 24 legalizing medical marijuana, was approved by Florida voters, and 25 WHEREAS, Medical Marijuana Dispensing Facilities and Medical Marijuana 26 Dispensing Organizations are new and unique uses which are not currently addressed 27 by the City's Land Development Regulations or Code of Ordinances, and 28 WHEREAS, Section 381.986(8)(b), Fla. Stat, permits a municipality to determine 29 by ordinance, the criteria for the number, location, and other permitting requirements 30 that do not conflict with state law or department rule for, dispensing facilities or 31 dispensing organizations located within the municipality, and 32 10 OF 194 2 WHEREAS, a temporary moratorium on the acceptance of applications for, the 33 processing of, and the issuance of development permits, development orders or any 34 other official action of the City of Miami Gardens permitting or having the effect of 35 permitting new Medical Marijuana Dispensing Facilities and Medical Marijuana 36 Dispensing Organizations will allow time to review, study and hold public hearings, and 37 prepare and adopt amendment(s) to the Land Development Regulations and/or Code of 38 Ordinances to address this new and unique use, 39 WHEREAS, the City needs time to research and study the nature and scope of 40 possible measures for regulating Medical Marijuana Dispensing Facilities and Medical 41 Marijuana Dispensing Organizations, 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 43 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 44 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 45 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 46 made a specific part of this Ordinance. 47 Section 2. PURPOSE: The purpose of this Ordinance is to preserve 48 the status quo and enable sufficient time for the City to review, study, hold public 49 hearings, and prepare and adopt amendment(s) to the Land Development 50 Regulations and/ or Code of Ordinances, relating to the appropriate locations for 51 medical marijuana dispensing facilities and Medical Marijuana Dispensing 52 Organizations. During this 180-day period, the City will not take any action on any 53 application for certificate of use, business tax receipts, development 54 permits, issue any development order, or take other official action, 55 11 OF 194 3 which would have the effect of allowing, or permitting the development of Medical 56 Marijuana D ispensing Facilities or Medical Marijuana Dispensing Organizations, 57 except as provided in this O rdinance. It is not the purpose of this O rdinance to 58 deny permanently any development orders and permits for other uses that are 59 permitted by right or special use permits and that otherwise comply with all 60 applicable codes, ordinances, regulations and policies. 61 Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning 62 in progress as it relates to the processing of any applications and permits relating to 63 Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations. 64 All affected property and business owners are placed on notice with respect to these 65 pending regulations and the actions being taken by the City. 66 Section 4: DEFINITIONS: The following definition applies to the term used 67 in this ordinance: 68 (a) “Medical Marijuana Dispensing Facility” – means a facility that cultivates, 69 processes, transports and dispenses low-THC cannabis or medical cannabis. 70 (b) “Medical Marijuana Dispensing Organization” – is as defined by Section 71 381.986, Fla. Stat. to mean an organization approved by the department to 72 cultivate, process, transport, and dispense low-THC cannabis or medical 73 cannabis pursuant to this section. 74 Section 5: ESTABLISHMENT OF TEMPORARY MORATORIUM: A moratorium 75 on the submission, processing and issuance of certificates of use, business tax receipts, 76 development orders and permits, and all other applications and permits for the operation 77 of Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing 78 12 OF 194 4 Organizations, as defined herein, is hereby established for a period of 180 days from the 79 effective date of this Ordinance. The moratorium is subject to the provisions of Section 6 80 herein. Except as otherwise provided herein, no department of the City shall issue any 81 certificates of use, business tax receipts, permits, development orders, or undertake the 82 review and approval of any site plans, building permits, or development plans with respect 83 to such uses within the City during the term of the moratorium established hereby. 84 Section 6. EXEMPTION: This moratorium shall not affect any business 85 currently lawfully operating as a Medical Marijuana Dispensing Facility or a Medical 86 Marijuana Dispensing Organization which has received dispensing authorization from 87 the Florida Department of Health in accordance with Section 381.986, Florida 88 Statutes and Chapter 64- 4.001, F.A.C., and for which a certificate of use, business 89 tax receipt and development permits have been obtained. 90 Section 7: SUBMITTAL OF APPLICATIONS. Beginning upon the effective 91 date of this Ordinance, an applicant for any certificate of use, business tax receipt, 92 development permit, development order or any other official City action, which 93 would facilitate the establishment of a Medical Marijuana Dispensing Facility or 94 Medical Marijuana Dispensing Organization shall be required to disclose its 95 intention to establish a Medical Marijuana Dispensing Facility or Medical Marijuana 96 Dispensing Organization in connection with its application for a permit. In the event 97 that it is determined by the City that an applicant for a permit has failed to disclose 98 its intent to establish a Medical Marijuana Dispensing Facility or Medical Marijuana 99 Dispensing Organization, the City shall be authorized to enforce this Ordinance by 100 the methods set forth in Section 9. 101 13 OF 194 5 Section 8: STUDY: The City Manager as well as such other departments of the 102 City, as the City Manager shall deem appropriate shall continue to study medical 103 marijuana dispensaries and shall present proposed amendments to the Land 104 Development Regulations and Code of Ordinances to the City Council. 105 Section 9. PENALTIES: This moratorium may be enforced by the following 106 methods of enforcement: (a) revocation or temporary suspension of any 107 development permits, development orders, certificates of occu pancy and/or licenses, 108 including certificates of use and business tax receipts; or (b) by an action for injunctive 109 relief, civil penalties or both, through a court of competent jurisdiction; or (c) By any 110 other process permitted by law including, but not limited to code enforcement action. 111 Section 10. CONFLICT: All ordinances or Code provisions in conflict herewith 112 are hereby repealed. 113 Section 11. SEVERABILITY: If any section, subsection, sentence, clause, 114 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 115 any court of competent jurisdiction, such portion shall be deemed a separate, distinct 116 and independent provision and such holding shall not affect the validity of the remaining 117 portions of this Ordinance. 118 Section 12. INCLUSION IN CODE: It is the intention of the City Council of 119 the City of Miami Gardens that the provisions of this Ordinance shall become and be 120 made a part of the Code of Ordinances of the City of Miami Gardens and that the 121 section of this Ordinance may be renumbered or relettered and the word “Ordinance” 122 may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or 123 phrase, the use of which shall accomplish the intentions herein expressed. 124 14 OF 194 6 Section 13. EFFECTIVE DATE: This Ordinance shall become effective 125 immediately upon its final passage. 126 PASSED ON FIRST READING ON THE 14TH DAY OF DECEMBER, 127 2016. 128 PASSED ON SECOND READING ON THE ____ DAY OF _________, 2017. 129 130 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 131 GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 132 ______________, 2017. 133 134 ________________________________ 135 OLIVER GILBERT, III, MAYOR 136 137 138 139 ATTEST: 140 141 142 _________________________________ 143 RONETTA TAYLOR, MMC, CITY CLERK 144 145 146 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 147 148 149 SPONSORED BY: DAVID WILLIAMS, JR., COUNCILMAN 150 151 152 Moved by: __________________ 153 Second by: _________________ 154 155 VOTE: _________ 156 157 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 158 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 159 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 160 15 OF 194 7 Councilman Rodney Harris ____ (Yes) ____ (No) 161 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 162 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 163 Councilman David Williams Jr ____ (Yes) ____ (No) 164 165 166 167 16 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)N/A X Sponsor Name Lisa C. Davs, Council Member Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA DIRECTING THAT THE CITY MANAGER TAKE ALL STEPS NECESSARY FOR THE CITY TO HOST THE 3RD ANNUAL “MIAMI GARDENS WINE AND FOOD EXPERIENCE” IN THE FALL OF 2017, INCLUDING THE HIRING OF NECESSARY PROFESSIONAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The 2nd Annual Food and Wine Experience sponsored by Councilwoman Lisa C. Davis was held Saturday, November 12, 2016. Approximately 1,500 attended this very classy and sophisticated one night event. In planning the second event Councilwoman Davis understood the importance of embracing and involving the community and its residents in worthwhile endeavors. Hosting a Agenda Item K-1 3rd Annual MG Wine & Food Experience 17 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 wine-tasting fundraiser is a good way to raise money for good causes as well as to bring together residents and businesses. Local restaurants as well as celebrity chefs were on hand to provide patrons with an “experience”. This year’s event continued to foster a positive and enriching experience for those attending the event. Councilwoman Davis is seeking to host the Third Annual “Miami Gardens Wine and Food Experience” in the fall of 2017. This fundraising event will address the quality of life issues by residents of Miami Gardens, such as but not limited to, Grandparents Raising Grandchildren, and Juveniles Diabetes Research Foundation. The 2017-2018 event will benefit The Trayvon Martin Foundation which strives to curb gun violence in Miami Gardens and other cities and the Diabetes Awareness event. It is Councilwoman Davis’ intent is to solicit start early identifying potential sponsors for this event. In addition, revenue will be generated from ticket sales. If additional funding is necessary, this additional funding will be underwritten by the City. It is being requested the City include the Wine and Food Experience in the 2017-2018 fiscal budget. The City Manager is being directed to take all appropriate steps for the Event including the hiring of necessary professionals. This resolution further authorizes a waiver of bid procedures for purchases made in connection with the Event; and further authorizes the City Manager to exceed his purchasing authority as may be necessary for the Event. Proposed Action: That the City Council approves the attached Resolution. Attachment: 18 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, DIRECTING THAT THE CITY 4 MANAGER TAKE ALL STEPS NECESSARY FOR THE CITY TO 5 HOST THE 3RD ANNUAL “MIAMI GARDENS WINE AND FOOD 6 EXPERIENCE” IN THE FALL OF 2017, INCLUDING THE HIRING 7 OF NECESSARY PROFESSIONALS; PROVIDING FOR THE 8 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the 2nd Annual Food and Wine Experience sponsored by 12 Councilwoman Lisa C. Davis was held Saturday, November 12, 2016, and 13 WHEREAS, approximately 1,500 attended this very classy and sophisticated one 14 night event, and 15 WHEREAS, in planning the second event Councilwoman Davis understood the 16 importance of embracing and involving the community and its residents in worthwhile 17 endeavors, and 18 WHEREAS, hosting a wine-tasting fundraiser is a good way to raise money for 19 good causes, as well as, to bring together residents and businesses, and 20 WHEREAS, local restaurants as well as celebrity chefs were on hand to provide 21 patrons with an “experience”, and 22 WHEREAS, this year’s event continued to foster a positive and enriching 23 experience for those attending the event, and 24 WHEREAS, Councilwoman Davis is seeking to host the Third Annual “Miami 25 Gardens Wine and Food Experience” in the fall of 2017, and 26 WHEREAS, this fundraising event will address the quality of life issues by 27 residents of Miami Gardens, such as but not limited to, Grandparents Raising 28 Grandchildren, and Juveniles Diabetes Research Foundation, and 29 19 OF 194 2 WHEREAS, the 2017-2018 event will benefit The Trayvon Martin Foundation in 30 its efforts to curb gun violence in Miami Gardens and other cities, and the Diabetes 31 Awareness event, and 32 WHEREAS, it is Councilwoman Davis’ intent to start soliciting early by identifying 33 potential sponsors for this event, and 34 WHEREAS, in addition, revenue will be generated from ticket sales and if 35 additional funding is necessary, this additional funding will be underwritten by the City, 36 and 37 WHEREAS, it is being requested that the City include the Wine and Food 38 Experience in the 2017-2018 fiscal budget, and 39 WHEREAS, the City Manager is being directed to take all appropriate steps for 40 the Event including the hiring of necessary professionals, and 41 WHEREAS, this resolution further authorizes a waiver of bid procedures for 42 purchases made in connection with the event; and further authorizes the City Manager 43 to exceed his purchasing authority as may be necessary for the Event, 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 46 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 47 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 48 made a specific part of this Resolution. 49 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 50 hereby directs that the City Manager take all steps necessary for the City to host the 3rd 51 Annual “Miami Gardens Wine and Food Experience” in the fall of 2017, including the 52 20 OF 194 3 hiring of necessary professional. The City Council further authorizes a waiver of bid 53 procedures for purchases made in connection with the event. 54 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 55 upon its final passage. 56 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 57 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 58 59 ___________________________________ 60 OLIVER GILBERT, III, MAYOR 61 62 63 64 ATTEST: 65 66 67 __________________________________ 68 RONETTA TAYLOR, MMC, CITY CLERK 69 70 71 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 72 73 74 SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 75 76 Moved by: __________________ 77 78 VOTE: _________ 79 80 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 81 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 82 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 83 Councilman Rodney Harris ____ (Yes) ____ (No) 84 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 85 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 86 Councilman David Williams Jr ____ (Yes) ____ (No) 87 88 21 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Fund- Special Events $3500; General Fund-Community Awareness; Sponsorships; Ticket Sales Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)N/A X Sponsor Name Erhabor Ighodaro, Vice Mayor Department: Media & Events Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RETAIN CONSULTANTS, SEEK GRANTS AND EXECUTE CONTRACTS NECESSARY FOR THE PRODUCTION OF THE INTERNATIONAL MUSIC FESTIVAL TO BE HELD AT BETTY T. FERGUSON RECREATIONAL COMPLEX IN THE SUMMER OF 2017; AUTHORIZING A SPONSORSHIP FROM THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: In the summers of 2015 and 2016, international artists and fans gathered at the Betty T. Ferguson Recreational Complex’s amphitheater for the City’s premiere multicultural music concert. Hundreds of Agenda Item K-2 International Music Festival 22 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 adoring fans enjoyed a night under the stars and enjoyed the multi-genre music of John Erenosho, Nigel Luis, Diane Andrieu, Sassy Singz, Dilly Chris, Harmonik, and the award-winning artist FLAVOUR. The event highlighted a market that has gone underserved and who demonstrated through the support of this event, is ready to have access to this type of world class entertainment which is as diverse as South Florida and the City of Miami Gardens. Vice Mayor Erhabor Ighodaro would like to bring this event back to the City of Miami Gardens to fill the gap and promote culture which drives economic activity. This International Music Festival (also known as IMFest) will build upon past year’s highlights to become an annual affair, promoting local, regional and international talent. Funding to support IMFest will be comprised of $7000 from Vice Mayor Ighodaro’ s special events and community awareness accounts, a grant application to the Miami-Dade Tourist Development Council seeking a maximum award of $25,000, projected ticket sales, and sponsorships. Fiscal Impact Proposed Action: Vice Mayor Erhabor Ighodaro recommends the City Council authorizes the City Manager to take appropriate actions to create the International Music Festival in the summer of 2017, by applying for grant and sponsorship opportunities and executing contracts as necessary to produce the event. Attachments: None. 23 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO RETAIN CONSULTANTS, SEEK GRANTS AND 5 EXECUTE CONTRACTS NECESSARY FOR THE PRODUCTION 6 OF THE INTERNATIONAL MUSIC FESTIVAL TO BE HELD AT 7 BETTY T. FERGUSON RECREATIONAL COMPLEX IN THE 8 SUMMER OF 2017; AUTHORIZING A SPONSORSHIP FROM 9 THE CITY; PROVIDING FOR THE ADOPTION OF 10 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11 12 13 WHEREAS, in the summer of 2015 and 2016 international artists and fans 14 gathered at the Betty T. Ferguson Recreational Complex’s amphitheater for the City’s 15 premiere multicultural music concert, and 16 WHEREAS, Vice Mayor Erhabor Ighodaro would like the City to host an 17 International Music Festival at the Betty T. Ferguson Recreational Complex, and 18 WHEREAS, funding to support the International Music Festival will be comprised 19 of Seven Thousand Dollars ($7,000.00) from Vice Mayor Ighodaro’s Special Events and 20 Community Awareness Accounts, and 21 WHEREAS, a grant application will be submitted for the Tourist Development 22 Council Grants FY 2016-2017 for an award of Twenty Five Thousand Dollars 23 ($25,000.00) projected ticket sales and sponsors are the anticipated sources of funding, 24 and 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29 made a specific part of this Resolution. 30 24 OF 194 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31 hereby authorizes the City Manager to retain consultants, seek grants and execute 32 contracts necessary for the production of the International Music Festival to be held at 33 the Betty T. Ferguson Recreational Complex in the summer of 2017. The City Council 34 further authorizes the expenditure of Seven Thousand Dollars ($7,000.00) from Vice 35 Mayor Ighodaro’ s Special Events and Community Awareness Accounts for this 36 purpose. 37 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 38 upon its final passage. 39 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 40 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 41 42 ___________________________________ 43 OLIVER GILBERT, III, MAYOR 44 ATTEST: 45 46 47 __________________________________ 48 RONETTA TAYLOR, MMC, CITY CLERK 49 50 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 51 52 SPONSORED BY: VICE MAYOR ERHABOR IGHODARO 53 54 Moved by: __________________ 55 56 VOTE: _________ 57 58 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 60 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61 Councilman Rodney Harris ____ (Yes) ____ (No) 62 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 64 Councilman David Williams Jr ____ (Yes) ____ (No) 65 25 OF 194 3 66 26 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)N/A X Sponsor Name Erhabor Ighodaro Vice Mayor Department: City Manager Office of the Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, VICE MAYOR ERHABOR IGHODARO’S APPOINTMENT OF LANETTE JONES TO THE COMMISSION FOR WOMEN ADVISORY COMMITTEE FOR A TERM THAT WILL COINCIDE WITH THE TERM OF THE VICE MAYOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: In accordance with Section 18-20 of the Code of Ordinances, Vice Mayor Erhabor Ighodaro, appoints Lanette Jones to the Commission For Women Advisory Committee. Ms. Jones’ term will commence upon appointment and shall coincide with the term of Vice Mayor Ighodaro. Once appointed, Ms. Jpnes will adhere to the duties and powers of the Advisory Committee as outlined in the pertinent Ordinance. Agenda Item K-3 Appointment to CMGCFW 27 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 This Resolution acknowledges Vice Mayor Ighodaro’s appointment. Proposed Action: Vice Mayor Ighodaro proposes that the City Council approve this resolution. Attachment: 28 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, VICE MAYOR ERHABOR 4 IGHODARO’S APPOINTMENT OF LANETTE JONES TO THE 5 COMMISSION FOR WOMEN ADVISORY COMMITTEE FOR A 6 TERM THAT WILL COINCIDE WITH THE TERM OF THE VICE 7 MAYOR; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City Council has created the Commission for Women Advisory 11 Committee (“the Committee”), and 12 WHEREAS, Vice Mayor Erhabor Ighodaro and each member of the City Council 13 have the right to appoint members to the Committee, and 14 WHEREAS, in accordance with Section 2-205 of the Code of Ordinances, Vice 15 Mayor Ighodaro has appointed Lanette Jones to the Committee for a term that will 16 coincide with the term of the Vice Mayor, and 17 WHEREAS, it is appropriate for the City Council to acknowledge this 18 appointment, 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 21 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23 made a specific part of this Resolution. 24 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 25 hereby acknowledges Vice Mayor Erhabor Ighodaro’s appointment of Lanette Jones to 26 the Commission for Women Advisory Committee for a term that will coincide with the 27 term of the Vice Mayor. 28 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 29 upon its final passage. 30 29 OF 194 2 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 31 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 32 33 ___________________________________ 34 OLIVER GILBERT, III, MAYOR 35 36 37 38 ATTEST: 39 40 41 __________________________________ 42 RONETTA TAYLOR, MMC, CITY CLERK 43 44 45 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 46 47 48 SPONSORED BY: ERHABOR IGHODARO, PH.D., VICE MAYOR 49 50 Moved by: __________________ 51 52 VOTE: _________ 53 54 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 55 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 56 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 57 Councilman Rodney Harris ____ (Yes) ____ (No) 58 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 60 Councilman David Williams Jr ____ (Yes) ____ (No) 61 62 30 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)N/A X Sponsor Name Erhabor Ighodaro, Vice Mayor Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE FLORIDA HOUSE OF REPRESENTATIVES AND THE FLORIDA SENATE TO ALLOW FOR LOCAL REGULATION OF PLASTIC BAGS IN ACCORDANCE WITH FLORIDA STATUE 403.7033; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Vice Mayor Ighodaro supports an amendment to Section 403.7033, Florida Statutes, which amendment would provide for local regulation of plastic bags under the State’s proposed guidelines. Alternatively, this resolution request that the Florida Legislature repeal Section 403,7033, Florida Statutes, so that local governments may enact and enforce legislation regarding the use and disposal of plastic bags. Agenda Item K-4 Local Regulation of Plastic Bags 31 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 The City of Miami Gardens is diligent in its effort to preserve the beautiful environment that supports the tourism industry, which is so vital to the economy of Miami Gardens, Miami-Dade County and the State of Florida. Plastic bags are detrimental because they do not fully degrade in our oceans or land environment and they introduce unsafe chemicals into our environment. Plastic bags create the potential for death of land and marine animals through entanglement and ingestion. The expansive usage of single-use shopping bags and their typical disposal rates creates an impediment to the city’s waste reduction and recycling goals, while creating unsightly litter. Single-use plastic bags are difficult to recycle and frequently contaminate material that is processed through the various recycling programs throughout Miami-Dade County. Replacing single use bags with reusable bags is considered a quick and easy way to reduce waste and litter, protect wildlife and conserve resources. Vice Mayor Ighodaro believes it is in the best interest of the public for the Florida Legislature to provide for the local regulation of single-use shopping bags. Proposed Action: That the City Council approves the attached Resolution. The City Clerk is further directed to transmit a copy of this resolution to the Miami-Dade Delegation, Florida Senate, Florida House of Representatives, and municipalities in Miami-Dade County. Attachment: Attachment “A” – Section 403.7033, Florida Statutes 32 OF 194 RESOLUTION NO. 2016____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, URGING THE FLORIDA HOUSE OF 4 REPRESENTATIVES AND THE FLORIDA SENATE TO ALLOW 5 FOR LOCAL REGULATION OF PLASTIC BAGS IN 6 ACCORDANCE WITH FLORIDA STATUE 403.7033; PROVIDING 7 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 8 FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City of Miami Gardens is diligent in its effort to preserve the 11 beautiful environment that supports the tourism industry, which is so vital to the 12 economy of Miami Gardens, Miami-Dade County, and the State of Florida, and 13 WHEREAS, plastic bags are detrimental because they do not fully degrade in our 14 oceans or land environment and they introduce unsafe chemicals into our environment, 15 and 16 WHEREAS, plastic bags create the potential for death of land and marine 17 animals through entanglement and ingestion, and 18 WHEREAS, the expansive usage of single-use shopping bags and their typical 19 disposal rates creates an impediment to the city’s waste reduction and recycling goals, 20 while creating unsightly litter, and 21 WHEREAS, single-use plastic bags are difficult to recycle and frequently 22 contaminate material that is processed through the various recycling programs 23 throughout Miami-Dade County, and 24 WHEREAS, replacing single use bags with reusable bags is considered a quick 25 and easy way to reduce waste and litter, protect wildlife, and conserve resources, and 26 WHEREAS, Vice Mayor Ighodaro believes it is in the best interest of the public 27 for the Florida Legislature to provide for the local regulation of single-use shopping 28 bags, and 29 33 OF 194 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 30 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 31 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 32 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 33 made a specific part of this Resolution. 34 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 35 hereby urges The Florida House of Representative and The Florida Senate to allow for 36 local regulation of plastic bags in accordance with Florida Statue 403.7033. 37 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 38 upon its final passage. 39 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 40 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 41 42 ___________________________________ 43 OLIVER GILBERT, III, MAYOR 44 45 46 47 ATTEST: 48 49 50 __________________________________ 51 RONETTA TAYLOR, MMC, CITY CLERK 52 53 54 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 55 56 57 SPONSORED BY: VICE MAYOR ERHABOR IGHODARO, PH.D. 58 Moved by: __________________ 59 60 VOTE: _________ 61 62 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 63 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64 34 OF 194 3 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 65 Councilman Rodney Harris ____ (Yes) ____ (No) 66 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 67 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 68 Councilman David Williams Jr ____ (Yes) ____ (No) 69 70 35 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)N/A X Sponsor Name David Williams Jr., Council Member Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE COUNTY RESOLUTION NUMBER R-325-16, URGING THE EXPEDITIOUS PLANNING OF PHASE II OF THE BISCAYNE BAY COSTAL WETLANDS PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Councilman Williams supports the Board of County Commissioner Resolution No. R-325-16, adopted April 19, 2016, which urges the United States Army Corps of Engineers, Florida Department of Environmental Protection, and the South Florida Water Management District to expedite the planning of Phase II of the Biscayne Bay Costal Wetlands Project as outlined. Councilman Williams strongly believes that the beaches throughout Miami-Dade County and the State of Florida are vital to the quality of life for residents and tourists alike. It is important to Agenda Item K-5 Supporting Biscayne Bay Coastal Wetlands 36 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 preserve the quality of sand that is placed on the public beaches that provide a source of recreation and relaxation for both adults and children. The Biscayne Bay Coastal Wetlands (BBCW) project is a critical component of the Comprehensive Everglades Restoration Plan (CERP), as authorized by Congress in 2000, which is intended to restore natural coastal wetlands and marine habitats in Biscayne Bay and Biscayne National Park. The BBCW project will provide increased water storage in the wetlands east of the coastal ridge, which is expected to protect against saltwater intrusion and thereby increase resiliency against sea level rise in southern Miami-Dade County. Proposed Action: That the City Council approves the attached Resolution. The City Clerk is further directed to transmit a copy of this resolution to the United States Army Corps of Engineers, the Secretary of the Florida Department of Environmental Protection, the South Florida Water Management District Board Members and municipalities in Miami-Dade County. Attachment: Attachment “A” – Resolution No. R-325-16 37 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE 4 COUNTY RESOLUTION NUMBER R-325-16, URGING THE 5 EXPEDITIOUS PLANNING OF PHASE II OF THE BISCAYNE BAY 6 COSTAL WETLANDS PROJECT; PROVIDING FOR THE 7 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, on April 19, 2016, the Miami-Dade County Board of County 11 Commissioners adopted Resolution Number R-325-16, which urges the United States 12 Army Corps of Engineers, Florida Department of Environmental Protection, and the 13 South Florida Water Management District to expedite the planning of Phase II of the 14 Biscayne Bay Costal Wetlands Project, and 15 WHEREAS, the Biscayne Bay Coastal Wetlands Project (BBCW) is a critical 16 component of the Comprehensive Everglades Restoration Plan (CERP), as authorized 17 by Congress in 2000, which is intended to restore natural coastal wetlands and marine 18 habitats in Biscayne Bay and Biscayne National Park, and 19 WHEREAS, the BBCW project will provide increased water storage in the 20 wetlands east of the coastal ridge, which is expected to protect against saltwater 21 intrusion and thereby increase resiliency against sea level rise in southern Miami-Dade 22 County, and 23 WHEREAS, Councilman David Williams, Jr., recommends that the City Council 24 of the City of Miami Gardens adopt this Resolution supporting Miami-Dade County 25 Resolution No. R-325-16, as he strongly believes the beaches throughout Miami-Dade 26 County and the State of Florida are vital to the quality of life for residents and tourists 27 alike, 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30 38 OF 194 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32 made a specific part of this Resolution. 33 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34 hereby supports Miami-Dade County Resolution No. R-325-16, urging the expeditious 35 planning of Phase II of the Biscayne Bay Costal Wetlands Project. The City Clerk is 36 hereby directed to transmit a copy of this Resolution to the United States Army Corps of 37 Engineers, the Secretary of the Florida Department of Environmental Protection, the 38 South Florida Water Management District Board Members, and municipalities in Miami-39 Dade County. 40 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 41 upon its final passage. 42 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 43 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 44 45 ___________________________________ 46 OLIVER GILBERT, III, MAYOR 47 48 49 50 ATTEST: 51 52 53 __________________________________ 54 RONETTA TAYLOR, MMC, CITY CLERK 55 56 57 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 58 59 60 SPONSORED BY: COUNCILMAN DAVID WILLIAMS, JR. 61 62 Moved by: __________________ 63 39 OF 194 3 64 VOTE: _________ 65 66 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 67 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 68 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 69 Councilman Rodney Harris ____ (Yes) ____ (No) 70 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 71 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 72 Councilman David Williams Jr ____ (Yes) ____ (No) 73 74 40 OF 194 [Type text] City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other XXX Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No XXX Funding Source: Councilwoman Special Events Account (01-11-01-511-494-01) Advertising Requirement: (Enter X in box) Yes No XXX Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education X Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X Sponsor Name Councilwoman Felicia Robinson Department: Mayor and City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILWOMAN ROBINSON’S SPECIAL EVENTS ACCOUNT (01-11-01-511-494-01), TO SUPPORT THE AMERICAN HEART ASSOCIATION GO RED DAY ON FEBRUARY 3, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The American Heart Association (AHA) and the American Stroke Association (ASA) declares February as American Heart Month. Annually, AHA brings awareness to women’s heart health by Going Red on February 3rd. Heart disease is the leading cause of death in women. 1 in 3 women suffer from heart disease. More alarming, 49% of women age 20 and older of African- American dissent suffer with heart disease, according to the AHA. Unfortunately, many are unaware of their prognosis, because they do not understand the signs and symptoms. Agenda Item K-6 American Heart Assoc. "Go Red Day Event 41 OF 194 [Type text] Councilwoman Felicia Robinson strongly believes when people know better than can do better and education is necessary tool to battle this disease that is 80% preventable. It is important to increase awareness, support and educate the Residents in Miami Gardens. We are the largest African-American community in Florida we must meet our community’s needs wholly. In recognition of heart month, Councilwoman Robinson proposes to host two events to support heart health; the 2nd annual Red Dress Red Wine event on February 3, 2017, at a venue to be determined. Red wine is important, because it is said to have antioxidants and resveratrol that promotes heart health. Second to a healthy diet, cardiovascular activity is another major combatant of heart disease. A Heart to Heart six hour dance-a-thon to promote physical activity is planned. It is scheduled to be held in the gymnasium of the Betty T. Ferguson Recreational Complex on February 17, 2017. Fiscal Impact The funding will be derived from Councilwoman Robinson special event account 01-11-01-511-494-01) which is currently available. Proposed Action: Recommend Council approval of this resolution supporting the American Heart Association Go Red Day on February 3, 2017 and to include commemorative events promoting heart health; Red Dress Red Wine Reception and Heart to Heart dance-a-thon. Also recommends, the City Manager to take all necessary actions to procure, plan and execute activities. Attachment: None. 42 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM 4 COUNCILWOMAN ROBINSON’S SPECIAL EVENTS ACCOUNT 5 (01-11-01-511-494-01), TO SUPPORT THE AMERICAN HEART 6 ASSOCIATION GO RED DAY ON FEBRUARY 3, 2017; 7 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the American Heart Association (AHA) and the American Stroke 11 Association (ASA) declares February as American Heart Month, and 12 WHEREAS, annually, AHA brings awareness to women’s heart health by Going 13 Red February 3, 2017, and 14 WHEREAS, Heart Disease is the leading cause of death in women; 1 in 3 15 women suffer from Heart Disease, and 16 WHEREAS, more alarming, 49% of women age 20 and older of 17 African-American dissent suffer with Heart Disease, according to the AHA, and 18 WHEREAS, unfortunately, many are unaware of their prognosis, because they 19 do not understand the signs and symptoms, and 20 WHEREAS, Councilwoman Felicia Robinson strongly believes when people 21 know better they can do better and education is a necessary tool to battle this disease 22 that is 80% preventable, and 23 WHEREAS, it is important to increase awareness to support and educate the 24 Residents in Miami Gardens, and 25 WHEREAS, in recognition of heart month, Councilwoman Robinson 26 proposes to host two events to support the Heart Health event; the 2nd annual Red 27 Dress Red Wine event on February 3, 2017, at a venue to be determined, and 28 WHEREAS, red wine is said to have antioxidants and resveratrol that promotes 29 heart health, and 30 43 OF 194 2 WHEREAS, second to a healthy diet, cardiovascular activity is another major 31 combatant of heart disease, and 32 WHEREAS, a Heart to Heart six hour dance-a-thon to promote physical activity 33 is planned and is scheduled to be held in the gymnasium of the Betty T. Ferguson 34 Recreational Complex on February 17, 2017, 35 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 37 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 38 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 39 made a specific part of this Resolution. 40 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 41 hereby authorizes the allocation of funds from Councilwoman Robinson’s Special 42 Events Account (01-11-01-511-494-01), to support the American Heart Association Go 43 Red Day on February 3, 2017, and to include commemorative events promoting Heart 44 Health, the Red Dress Red Wine Reception, and Heart to Heart Dance-A-Thon. The 45 City Council further authorizes the City Manager take all necessary actions to procure, 46 plan, and execute activities. 47 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 48 upon its final passage. 49 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 50 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 51 52 ___________________________________ 53 OLIVER GILBERT, III, MAYOR 54 55 56 44 OF 194 3 57 ATTEST: 58 59 60 __________________________________ 61 RONETTA TAYLOR, MMC, CITY CLERK 62 63 64 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 65 66 67 SPONSORED BY: COUNCILWOMAN FELICIA ROBINSON 68 69 Moved by: __________________ 70 71 VOTE: _________ 72 73 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 74 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 75 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 76 Councilman Rodney Harris ____ (Yes) ____ (No) 77 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 78 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 79 Councilman David Williams Jr ____ (Yes) ____ (No) 80 81 45 OF 194 18605 N W 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)X Sponsor Name Sonja K. Dickens City Attorney Department: Office of the City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPOINTING DAWN GRACE JONES AND QUENTIN MORGRAN AS SPECIAL MASTERS AND LOCAL HEARING OFFICERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens has established a Code Enforcement Special Master Program, whereby all appeals of code enforcement violations and red light camera infractions are heard by a Special Master. Pursuant to Florida Statutes Chapter 316.0083, a municipality electing to utilize a red light camera traffic safey program must designate by resolution a local hearing officer. In light of these admendments to the Statute regulating red light cameras, it is necessary to appoint additional Special Masters. In accordance with Section 8-23(a) of the City’s Code of Ordinances, Special Masters appointments are recommended by the City Attorney, but are appointed by City Council. The Agenda Item K-7 Appointing Special Masters 46 OF 194 18605 N W 27th Avenue Miami Gardens, Florida 33056 City Attorney recommends that the City Council re-appoints both Dawn Grace Jones and Quentin Morgan to serve as local hearing officers and Special Masters for two (2) year terms, Proposed Action: That the City Council approve the attached Resolution. Attachment: None. 47 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, APPOINTING DAWN GRACE 4 JONES AND QUENTIN MORGRAN AS SPECIAL MASTERS AND 5 LOCAL HEARING OFFICERS; PROVIDING FOR THE 6 ADOPTION OF REPRESENTATIONS; PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, the City of Miami Gardens has established a Code Enforcement 10 Special Master Program in the City, and 11 WHEREAS, appeals of all code enforcement citations and stormwater utility fees 12 are heard by Special Masters, and 13 WHEREAS, pursuant to Florida Statutes Chapter 316.0083, a municipality 14 electing to utilize a red light camera traffic safey program must designate by resolution a 15 local hearing officer, and 16 WHEREAS, in light of these admendments to the Statute regulating red light 17 cameras, it is necessary to appoint additional Special Masters, and 18 WHEREAS, the City Attorney recommends that the City Council re-appoints both 19 Dawn Grace Jones and Quentin Morgan to serve as local hearing officers and Special 20 Masters for two (2) year terms, 21 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 23 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25 made a specific part of this Resolution. 26 Section 2. APPOINTMENT: The Council of the City of Miami Gardens hereby 27 appoints Dawn Grace Jones and Quentin Morgan to serve as local hearing officers and 28 Special Masters for two (2) year terms effective from the date of this Resolution. 29 48 OF 194 2 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 30 upon its final passage. 31 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 34 35 ___________________________________ 36 OLIVER GILBERT, III, MAYOR 37 38 39 40 ATTEST: 41 42 43 __________________________________ 44 RONETTA TAYLOR, MMC, CITY CLERK 45 46 47 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48 49 50 SPONSORED BY: SONJA K. DICKEN, CITY ATTORNEY 51 52 Moved by: __________________ 53 54 VOTE: _________ 55 56 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 59 Councilman Rodney Harris ____ (Yes) ____ (No) 60 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 61 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 62 Councilman David Williams Jr ____ (Yes) ____ (No) 63 64 49 OF 194 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Fleet Management Division Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Florida Sheriffs Association Contract FSA16-VEL24.0 X Strategic Plan Related (Enter X in box) Yes No X Strategic Plan Priority Area: Enhance Organizational __ Bus. & Economic Dev __ Public Safety __ Quality of education __ Quality of life & City Image __ Communication __ Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A Sponsor Name Cameron D. Benson, City Manager Department: Fleet Management Division Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO ISSUE PURCHASE ORDERS TO HUB CITY, INC., FOR THE PURCHASE OF TWO (2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-VEL24.0; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Staff is requesting approval to replenish vehicles that were lost due to attrition (collision). The purchase of two (2) vehicles is being presented in accord with the Florida Sheriffs Association Contract FSA16- VEL24.0. The Florida Sheriffs Association competitively awarded a contract for the purchase of a variety of fleet vehicles, effective October 1, 2016, to Duval Ford Inc. Agenda Item K-8 Duval Ford 50 OF 194 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Police Department – Two (2) Unmarked Ford Expedition $31,723.00 Each Fiscal Impact A budget of $325,000 is in the Fleet FY 2017 budget for vehicle replacement. After the above allocation, there is a balance of $261,554. Proposed Action: That the City Council authorize the City Manager to issue a purchase order to Hub City Inc., of Jacksonville, Florida, for the purchase of two (2) 2016 Ford Expeditions, in accordance with the Florida Sheriffs Association bid, in an amount totaling $63,446. Attachment: Attachment A: Dealer Quote 51 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK, TO ISSUE PURCHASE 5 ORDERS TO HUB CITY, INC., FOR THE PURCHASE OF TWO 6 (2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT 7 NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED 8 FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON 9 FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-10 VEL24.0; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the City of Miami Gardens Police Department seeks to replace 14 vehicles that are no longer in service or that have become obsolete, and 15 WHEREAS, on October 1, 2016, the Florida Sheriffs Association (FSA) Contract 16 FSA16-VEL24.0 was awarded to Duval Ford, Inc., for the purchase of a variety of fleet 17 vehicles, and 18 WHEREAS, FSA Contract FSA16-VEL24.0 was competitively awarded, and 19 WHEREAS, City staff recommends that the City of Miami Gardens rely upon 20 Florida Sheriffs Association Contract FSA16-VEL24.0 for the purchase of two (2) 21 unmarked 2016 Ford Expeditions from Hub City, Inc., of Jacksonville, Florida, and 22 WHEREAS, the total cost of these vehicles will be Sixty-Three Thousand Four 23 Hundred Forty-Six Dollars ($63,446.00), and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 26 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 28 made a specific part of this Resolution. 29 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30 hereby authorizes the City Manager to issue purchase orders to Hub City, Inc., of 31 52 OF 194 2 Jacksonville, Florida, for the purchase of two (2) unmarked 2016 Ford Expeditions, in an 32 amount not to exceed Sixty-Three Thousand Four Hundred Forty-Six Dollars 33 ($63,446.00), by relying upon Florida Sheriffs Association Contract FSA16-VEL24.0. 34 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35 upon its final passage. 36 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 38 39 ___________________________________ 40 OLIVER GILBERT, III, MAYOR 41 42 43 44 ATTEST: 45 46 47 __________________________________ 48 RONETTA TAYLOR, MMC, CITY CLERK 49 50 51 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 52 53 54 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 55 56 Moved by: __________________ 57 58 VOTE: _________ 59 60 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63 Councilman Rodney Harris ____ (Yes) ____ (No) 64 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 66 Councilman David Williams Jr ____ (Yes) ____ (No) 67 68 53 OF 194 54 OF 194 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Fleet Management Division Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Florida Sheriffs Association Contract FSA16-VEL24.0 X Strategic Plan Related (Enter X in box) Yes No X Strategic Plan Priority Area: Enhance Organizational __ Bus. & Economic Dev __ Public Safety __ Quality of education __ Quality of life & City Image __ Communication __ Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A Sponsor Name Cameron D. Benson, City Manager Department: Fleet Management Division Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO ISSUE PURCHASE ORDERS TO HUB CITY, INC., FOR THE PURCHASE OF TWO (2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-VEL24.0; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Staff is requesting approval to replenish vehicles that were lost due to attrition (collision). The purchase of two (2) vehicles is being presented in accord with the Florida Sheriffs Association Contract FSA16- VEL24.0. The Florida Sheriffs Association competitively awarded a contract for the purchase of a variety of fleet vehicles, effective October 1, 2016, to Duval Ford Inc. Agenda Item K-9 Hub City, Inc 55 OF 194 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Police Department – Two (2) Unmarked Ford Expedition $31,723.00 Each Fiscal Impact A budget of $325,000 is in the Fleet FY 2017 budget for vehicle replacement. After the above allocation, there is a balance of $261,554. Proposed Action: That the City Council authorize the City Manager to issue a purchase order to Hub City Inc., of Jacksonville, Florida, for the purchase of two (2) 2016 Ford Expeditions, in accordance with the Florida Sheriffs Association bid, in an amount totaling $63,446. Attachment: Attachment A: Dealer Quote 56 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK, TO ISSUE PURCHASE 5 ORDERS TO HUB CITY, INC., FOR THE PURCHASE OF TWO 6 (2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT 7 NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED 8 FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON 9 FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-10 VEL24.0; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the City of Miami Gardens Police Department seeks to replace 14 vehicles that are no longer in service or that have become obsolete, and 15 WHEREAS, on October 1, 2016, the Florida Sheriffs Association (FSA) Contract 16 FSA16-VEL24.0 was awarded to Duval Ford, Inc., for the purchase of a variety of fleet 17 vehicles, and 18 WHEREAS, FSA Contract FSA16-VEL24.0 was competitively awarded, and 19 WHEREAS, City staff recommends that the City of Miami Gardens rely upon 20 Florida Sheriffs Association Contract FSA16-VEL24.0 for the purchase of two (2) 21 unmarked 2016 Ford Expeditions from Hub City, Inc., of Jacksonville, Florida, and 22 WHEREAS, the total cost of these vehicles will be Sixty-Three Thousand Four 23 Hundred Forty-Six Dollars ($63,446.00), and 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 26 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 27 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 28 made a specific part of this Resolution. 29 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 30 hereby authorizes the City Manager to issue purchase orders to Hub City, Inc., of 31 57 OF 194 2 Jacksonville, Florida, for the purchase of two (2) unmarked 2016 Ford Expeditions, in an 32 amount not to exceed Sixty-Three Thousand Four Hundred Forty-Six Dollars 33 ($63,446.00), by relying upon Florida Sheriffs Association Contract FSA16-VEL24.0. 34 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35 upon its final passage. 36 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 38 39 ___________________________________ 40 OLIVER GILBERT, III, MAYOR 41 42 43 44 ATTEST: 45 46 47 __________________________________ 48 RONETTA TAYLOR, MMC, CITY CLERK 49 50 51 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 52 53 54 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 55 56 Moved by: __________________ 57 58 VOTE: _________ 59 60 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63 Councilman Rodney Harris ____ (Yes) ____ (No) 64 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 66 Councilman David Williams Jr ____ (Yes) ____ (No) 67 68 58 OF 194 59 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: General Fund: Public Works Department Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP Number 14-15-004(A) Trolley Circulator Services First Amendment X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X Sponsor Name Cameron Benson, City Manager Department: Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER AMENDING THE EXISTING SCOPE OF WORK AND TOTAL CONTRACT VALUE FOR REQUEST FOR PROPOSAL (RFP) NUMBER 14-15-004(A), TROLLEY CIRCULATOR SERVICES, TO INCLUDE EXTENDED WEEKEND OPERATING BUS TRANSIT SERVICES, AND PUBLIC TRANSIT SERVICES DEEMED NECESSARY FOR DESIGNATED CITY EVENTS, FOR AN AMOUNT NOT TO EXCEED THE ANNUAL BUDGET ALLOCATION; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Agenda Item K-10 Trolley Service 60 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 On April 23, 2014, the City Council adopted Resolution Number 2014-062-2040, which approved the City of Miami Gardens Bus Circulator Program. The City provides public transit services for the community throughout the City of Miami Gardens. The major customer market is the residents of the City of Miami Gardens. On December 1, 2014, staff prepared specifications for Request For Proposal (RFP) Number 14-15-004(A), Trolley Circulator Services, which was solicited and posted on Demandstar. A broadcast notice was sent to one hundred eighty-seven (187) suppliers. One (1) response was received and publicly read. On February 25, 2015, City Council approved Resolution Number 2015-38-2235, authorizing the City Manager to issue purchase orders, in an amount not to exceed four hundred fifty-one thousand seven hundred seventy-six dollars ($451,776.00), annually, for Trolley Circulator Services. The City Council awarded the contract to Limousines of South Florida, Inc., located in Miami, Florida, for five (5) years from date of execution with an option to renew annually. The initial contract prices, resulting from Request For Proposal (RFP) Number 14-15-004(A), will prevail for three (3) years from the initial effective date. Prior to, or upon completion of, the third year of the original five (5) year term or annual renewals, the City will consider adjustment to the price, based on the applicable Consumer Price Index for All Urban Consumers (CPI-U) or two percent (2%), whichever is lower. Current Situation The City continues to provide public transit services for communities throughout the City of Miami Gardens. In addition, City staff is proposing to extend public transit operating hours to include transportation services on weekends and City events that require travel assistance from designated City parking lots. The proposed additional scope of services for public transit amenities will assist the City in accomplishing our objective to provide a highly visible, safe, effective, and economical environmentally user friendly transit for City residents. The proposed amended scope of services includes: • Additional weekend service for public transit ; • Public transit services deemed necessary for City events. The City’s current contract with Limousines of South Florida, Inc., Request For Proposal (RFP) Number 14-15- 004(A), for Trolley Circulator Services is currently budgeted for an amount of four hundred fifty-one thousand seven hundred seventy-six dollars ($451,776.00), annually. City staff is requesting to amend the existing scope of services included in the contract with Limousines of South Florida, Inc., to extend operating hours, to the community in Miami Gardens, for weekend transit operations and public transit services deemed necessary, for City events. The proposed amendment to the agreement and contract value is for one hundred ninety-eight thousand two hundred twenty-four dollars ($198,224.00), annually, which is calculated based on the approved negotiated hourly rate. Approval of the proposed amended scope of services revises the contract amount from four hundred fifty-one thousand seven hundred seventy-six dollars ($451,776.00) to six hundred fifty thousand dollars ($650,000) annually. The value of the change order service is apportioned: Limousines of South Florida, Inc. – Trolley Circulator Services Description/Amended Scope of Services Annual Cost 61 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 Initial Contract Amount $451,776.00 Transportation Services for weekends Estimated Annual Cost (1248 hours X $72.40 per. hr.) Two Trolleys $180,710.40 Estimated Public transit services for City events $ 17,513.60 Total (Amended Annual Contract Cost ) $650,000.00 Section 2-752 (7), of the City’s Code of Ordinance indicates that “Any change in the contract price, scope of work or time for completion of any project following the award of a contract shall be by written change order, approved by City Council and executed with the same formalities as the contract.” Fiscal Impact Budget for FY 2017 for this service is $473,769, with the increase service for weekends; the funding will be short by $176,231. At the end of fiscal year 2016, it is projected that there is a fund balance for the CITT transit in the amount of $1.032 million which will be available to cover the costs. However, any adjustment to the budget utilizing fund balance will require Council approval. In March 2017, Finance will perform a mid-year analysis of the current year budget for all funds, and will then present to Council an agenda to any budget amendment accordingly. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing the City Manager to issue a change order amending the existing scope of work and total contract value for Request For Proposal (RFP) Number 14-15-004(A), Trolley Circulator Services, to include extended weekend operating bus transit services and public transit services deemed necessary for designated City events, for an amount not to exceed the annual budget allocation. Attachment: Exhibit 1 – City Council approved Resolution Number 2015-38-2235 62 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A CHANGE ORDER AMENDING THE 5 EXISTING SCOPE OF WORK AND TOTAL CONTRACT VALUE 6 FOR REQUEST FOR PROPOSAL (RFP) NUMBER 14-15-004(A), 7 TROLLEY CIRCULATOR SERVICES, TO INCLUDE EXTENDED 8 WEEKEND OPERATING BUS TRANSIT SERVICES, AND 9 PUBLIC TRANSIT SERVICES DEEMED NECESSARY FOR 10 DESIGNATED CITY EVENTS, FOR AN AMOUNT NOT TO 11 EXCEED THE ANNUAL BUDGET ALLOCATION; PROVIDING 12 FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR 13 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 14 EFFECTIVE DATE. 15 16 WHEREAS, on April 23, 2014, the City Council of the City of Miami Gardens 17 adopted Resolution Number 2014-062-2040, which approved the City of Miami Gardens 18 Bus Circulator Program, and 19 WHEREAS, on December 1, 2014, Request for Proposal (RFP) No. 14-15-20 004(A), for trolley Circulator Services, was solicited and posted on Demandstar, and 21 WHEREAS, on February 25, 2015, City Council adopted Resolution Number 22 2015-38-2235, authorizing the City Manager to issue purchase orders, in an amount not 23 to exceed Four Hundred Fifty-One Thousand Seven Hundred Seventy-Six Dollars 24 ($451,776.00) annually, to Limousines of South Florida, Inc., located in Miami, Florida, 25 for Trolley Circulator Services, and 26 WHEREAS, the initial contract with Limousines of South Florida, was for five (5) 27 years from date of execution with an option to renew annually, and 28 WHEREAS, the City continues to provide public transit services for residents, 29 and 30 WHEREAS, City staff is requesting to amend the existing scope of services 31 included in the contract with Limousines of South Florida, Inc., to extend operating 32 63 OF 194 2 hours for weekend transit operations, and public transit services deemed necessary for 33 City events, and 34 WHEREAS, the proposed additional scope of services for public transit amenities 35 will assist the City in accomplishing our objective to provide a highly visible, safe, 36 effective, and economical environmentally user friendly transit for residents, and 37 WHEREAS, the proposed amendment to the Agreement and contract value is for 38 One Hundred Ninety-Eight Thousand Two Hundred Twenty-Four Dollars ($198,224.00), 39 annually, and 40 WHEREAS, approval of the proposed amended scope of services revises the 41 original contract amount from Four Hundred Fifty-One Thousand Seven Hundred 42 Seventy-Six Dollars ($451,776.00), to Six Hundred Fifty Thousand Dollars ($650,000) 43 annually, and 44 WHEREAS, Section 2-752 (7), of the City’s Code of Ordinance indicates that 45 “Any change in the contract price, scope of work or time for completion of any project 46 following the award of a contract shall be by written change order, approved by City 47 Council and executed with the same formalities as the contract,” 48 WHEREAS, Staff recommends the City Council authorizes the City Manager to 49 issue a change order amending the existing scope of work and total contract value for 50 RFP Number 14-15-004(A), Trolley Circulator Services, to include extended weekend 51 operating bus transit services, and public transit services deemed necessary for 52 designated City events, for an amount not to exceed the annual budget allocation. 53 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 54 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 55 64 OF 194 3 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 56 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 57 made a specific part of this Resolution. 58 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 59 hereby authorizes the City Manager to issue a change order amending the existing 60 scope of work and total contract value for Request For Proposal (RFP) Number 14-15-61 004(A), Trolley Circulator Services, to include extended weekend operating bus transit 62 services, and public transit services deemed necessary for designated City events, for 63 an amount not to exceed the annual budget allocation. 64 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 65 upon its final passage. 66 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 67 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 68 69 ___________________________________ 70 OLIVER GILBERT, III, MAYOR 71 72 73 74 ATTEST: 75 76 77 __________________________________ 78 RONETTA TAYLOR, MMC, CITY CLERK 79 80 81 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 82 83 84 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 85 86 Moved by: __________________ 87 88 VOTE: _________ 89 65 OF 194 4 90 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 91 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 92 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 93 Councilman Rodney Harris ____ (Yes) ____ (No) 94 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 95 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 96 Councilman David Williams Jr ____ (Yes) ____ (No) 97 98 66 OF 194 67 OF 194 68 OF 194 69 OF 194 70 OF 194 71 OF 194 72 OF 194 73 OF 194 74 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: 01/11/2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Obligation Bond Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X Sponsor Name Cameron D. Benson, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAFEWARE, INC., FOR THE PURCHASE OF A PHYSICAL SECURITY INFORMATION MANAGEMENT SOLUTION, IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY THOUSAND AND SEVENTY-FIVE DOLLARS ($230,075.00), BY RELYING ON U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE RFP NUMBER 11-205753-10; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: An integral part of the Real Time Crime Center (RTCC) is the Physical Security Information Management Solution (PSIM) which will be responsible for tying together all of the different facets of the Real Time Crime Center in one comprehensive user interface. The PSIM will integrate parolee residences, probationer residences, sexual predator residences, documented gang member residences, computer aided dispatching information, ShotSpotter alerts, video Agenda Item K-11 Agmnt w/Safeware, Inc. 75 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 feeds from the City owned Closed Circuit Television Cameras, license plate reader solution, traffic monitoring and SafeCam video feeds. The PSIM is user friendly and an open sourced platform to allow for integration of future facets that may be identified. This solution is a necessity within the RTCC to allow for quick and seamless identification of resources within the area of emergency calls. The purchase of the solution will be procured by piggybacking off of RFP Number 11-205753-10 (4400001839), which was competitively established by the U.S. Communities Government Purchasing Alliance (U.S. Communities) lead agency, The County of Fairfax, Virginia. The use of said contract was approved by Council in the May 11, 2016 meeting. Funding for the software will be provided through the General Obligation Bond in connection with the establishment of the Real Time Crime Center. Physical Security Information Management Solution: $230,075.00 Total: $230,075.00 Proposed Action: That the City Council approves the resolution authorizing the City Manager to complete the purchase of the Physical Security Information Management solution from Safeware, Inc., in an amount not to exceed two hundred thirty thousand and seventy-five dollars. Attachment: Attachment A: Safeware Inc., Purchase Quotes 76 OF 194 RESOLUTION NO. 2016____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO EXECUTE AN AGREEMENT WITH SAFEWARE, 5 INC., FOR THE PURCHASE OF A PHYSICAL SECURITY 6 INFORMATION MANAGEMENT SOLUTION, IN AN AMOUNT 7 NOT TO EXCEED TWO HUNDRED THIRTY THOUSAND 8 SEVENTY FIVE DOLLARS ($230,075.00), BY RELYING ON U.S. 9 COMMUNITIES GOVERNMENT PURCHASING ALLIANCE RFP 10 NUMBER 11-205753-10; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the Miami Gardens Police Department (MGPD) is in the process of 14 procuring a Real Time Crime Center (RTCC) for the Public Safety Building, and 15 WHEREAS, an integral part of the Real Time Crime Center (RTCC) is the 16 Physical Security Information Management Solution (PSIM) which will be responsible 17 for tying together all of the different facets of the Real Time Crime Center in one 18 comprehensive user interface, and 19 WHEREAS, the PSIM will integrate parolee residences, probationer residences, 20 sexual predator residences, documented gang member residences, computer aided 21 dispatching information, ShotSpotter alerts, video feeds from the City owned Closed 22 Circuit Television Cameras, license plate reader solution, traffic monitoring and 23 SafeCam video feeds, and 24 WHEREAS, the PSIM is user friendly and an open sourced platform to allow for 25 integration of future facets that may be identified; and this solution is a necessity within 26 the RTCC to allow for quick and seamless identification of resources within the area of 27 emergency calls, and 28 WHEREAS, the total cost for purchasing and installing the physical security 29 information management solution is Two Hundred Thirty Thousand Seventy Five 30 Dollars ($230,075.00), and 31 77 OF 194 2 WHEREAS, this purchase will be procured by relying on RFP Number 11-32 205753-10 (4400001839), which was competitively bid by the U.S. Communities 33 Government Purchasing Alliance, and 34 WHEREAS, City staff recommends City Council authorizes the City Manager to 35 execute an agreement with Safeware, Inc., for the purchase of Physical Security 36 Information Management Solutions, in an amount not to exceed Two Hundred Thirty 37 Thousand Seventy Five Dollars ($230,075.00), 38 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 39 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 40 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 41 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 42 made a specific part of this Resolution. 43 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 44 hereby authorizes the City Manager to execute an agreement with Safeware, Inc., for 45 the purchase of a physical security information management solutions, in an amount not 46 to exceed in an amount not to exceed Two Hundred Thirty Thousand Seventy Five 47 Dollars ($230,075.00) by relying on U.S. Communities Government Purchasing Alliance 48 RFP Number 11-205753-10 (4400001839). 49 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 50 upon its final passage. 51 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 52 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2016. 53 54 ___________________________________ 55 OLIVER GILBERT, III, MAYOR 56 78 OF 194 3 57 58 59 ATTEST: 60 61 62 __________________________________ 63 RONETTA TAYLOR, MMC, CITY CLERK 64 65 66 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 67 68 69 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 70 71 Moved by: __________________ 72 73 VOTE: _________ 74 75 76 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 77 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 78 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 79 Councilman Rodney Harris ____ (Yes) ____ (No) 80 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 81 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 82 Councilman David Williams Jr ____ (Yes) ____ (No) 83 84 79 OF 194 QUOTATION 1483778 Order Date Order Number 12/9/2016 14:23:19 Page 1 of 2 Quote Expires On 12/23/2016www.safewareinc.com 5641 S. Laburnum Avenue Richmond, VA 23231 USA 804-236-0579 Miami Gardens Police Department 18611 NW 27th Ave Miami Gardens, FL 33056 Customer ID: Miami Gardens, FL 33056 18611 NW 27th Ave Bill To:Ship To: Miami Gardens Police Department 305-474-1621 88286 TakerPO Number Live Earth khaller@safewareinc.comKim Haller Email Freight Terms FaxPhone Freight Paid Item ID Item DescriptionRemaining Quantities UOM Di s p . Unit Size Pricing UOM Unit PriceUnit Size Price Extended AllocatedOrdered PVANKIRK1.000.00 EAEA 0.000.001.00 1.0 1.0For questions regarding this proposal please contact: Peter Van Kirk Safeware-Mallory Director-Government Security Solutions (M) 561-262-8343 (O) 561-400-1029 (F) 804-236-0429 (E) pvankirk@safewareinc.com SFW LET3.000.00 EAEA 123,750.0041,250.003.00 List Price:USC Discount:41%Your Discount: 51.73% 85,451.98 1.0 1.0Live Earth Team SFW USER ACCT3.000.00 EAEA 26,325.008,775.003.00 List Price:USC Discount:41%Your Discount: 56.42% 1.0 1.0 20,135.59 User Accounts 5 users SFW INTERACTIVE TRAFFIC3.000.00 EAEA 27,000.009,000.003.00 List Price:USC Discount:41%Your Discount: 49.72% 17,898.31 1.0 1.0Interactive Traffic SFW INTERACTIVE WEATHER3.000.00 EAEA 13,500.004,500.003.00 List Price:USC Discount:41%Your Discount: 60.44% 11,376.04 1.0 1.0Interactive Weather SFW SUNGARD CAD3.000.00 EAEA 13,500.004,500.003.00 List Price:USC Discount:41%Your Discount: 58.43% 10,825.59 80 OF 194 QUOTATION 1483778 Order Date Order Number 12/9/2016 14:23:19 Page 2 of 2 Quote Expires On 12/23/2016www.safewareinc.com 5641 S. Laburnum Avenue Richmond, VA 23231 USA 804-236-0579 Item ID Item DescriptionRemaining Quantities UOM Di s p . Unit Size Pricing UOM Unit PriceUnit Size Price Extended AllocatedOrdered 1.0 1.0Sungard CAD SFW GENETEC VMS3.000.00 EAEA 13,500.004,500.003.00 List Price:USC Discount:41%Your Discount: 47.70% 8,604.95 1.0 1.0Genetec VMS SFW OTSF1.000.00 EAEA 12,500.0012,500.001.00 List Price:USC Discount:41%Your Discount: 53.07% 26,634.38 1.0 1.0One Time Setup Fee US COM1.000.00 EAEA 0.000.001.00 1.0 1.0US Communities Contract Information Contract number: 4400001839 Standard freight charges for shipments within the continental US are paid. Any Hazardous material charges or expedited freight will be billed. *Agency must be registered with US Communities at www.uscommunities.org SUB-TOTAL:Total Lines:9 230,075.00 0.00TAX: 230,075.00AMOUNT DUE: Actual freight added per freight terms 81 OF 194 82 OF 194 83 OF 194 84 OF 194 85 OF 194 86 OF 194 87 OF 194 88 OF 194 89 OF 194 90 OF 194 91 OF 194 92 OF 194 93 OF 194 94 OF 194 95 OF 194 96 OF 194 97 OF 194 98 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X Sponsor Name Cameron D. Benson, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE UNIVERSITY OF SOUTH FLORIDA’S CENTER FOR URBAN TRANSPORTATION FOR THE ACCEPTANCE OF THE URBAN TRANSPORTATION RESEARCH GRANT IN THE AMOUNT OF SIXTEEN THOUSAND DOLLARS ($16,000.00) FOR A PEDESTRIAN AND BICYCLE SAFETY PROGRAM, A COPY OF WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Agenda Item K-12 Urban Transportation Research Grant 99 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 Upon implementation the Miami Gardens Police Department, will utilize law enforcement support to educate and enforce pedestrian/bicycle safety. The Miami Gardens Police Department will strive for safe pedestrian, bicyclist and driver behavior in high priority areas throughout the city. According to the Florida Department of Highway Safety Motor Vehicle (DHSMV) report, in 2015 there were 632 pedestrian fatalities, 9,086 pedestrian crashes, 153 bicyclist fatalities, and 7,123 bicycle crashes in the State of Florida. The Miami Gardens Police Department will utilize the Urban Transportation Research Grant to educate the public on pedestrian and bicycle safety measures. The education component will include but not be limited to public presentations, direct citizen contact on the roadways of the City of Miami Gardens and through enforcement of applicable pedestrian, bicycle and traffic laws. Additionally, the Police Department is committed to furthering the education of its uniformed road patrol personnel, through in house training programs for patrol officers and their mission in protecting pedestrians and bicyclists throughout the city. These funds will be used to develop an understanding and develop expertise in the area of pedestrian and bicycle safety issues related to their patrol duties. The grant funding provides one hundred percent (100 %) reimbursement for the costs of four officers to work four hours a day once a week not to exceed thirty three weeks. The grant further provides for educational materials for police officer and citizen training. The expenditure will not exceed the grant allotment of $16,000.00. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing the City Manager to enter into an agreement with the University of South Florida Center for Urban Transportation and to accept the grant funding, not to exceed $ 16,000.00 Attachments: Letter of Agreement and Contract between the City of Miami Gardens and the University of South Florida Board of Trustees. Exhibit “A”, Scope of Services: Pedestrian and Bicycles Safety Enforcement Campaign Exhibit “B”, Method of Compensation: Pedestrian and Bicycles Safety Enforcement Campaign Exhibit “C”, Effort Summary: Pedestrian and Bicycles Safety Enforcement Campaign 100 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5 RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE 6 UNIVERSITY OF SOUTH FLORIDA’S CENTER FOR URBAN 7 TRANSPORTATION FOR THE ACCEPTANCE OF THE URBAN 8 TRANSPORTATION RESEARCH GRANT IN THE AMOUNT OF 9 SIXTEEN THOUSAND DOLLARS ($16,000.00) FOR A 10 PEDESTRIAN AND BICYCLE SAFETY PROGRAM, A COPY OF 11 WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”; 12 AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND 13 ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; 14 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 15 PROVIDING FOR AN EFFECTIVE DATE. 16 17 WHEREAS, the University of South Florida’s Center for Urban Transportation 18 has awarded the Urban Transportation Research grant to the City of Miami Gardens 19 Police Department (MGPD) to educate the public on pedestrian and bicycle safety 20 measures, and 21 WHEREAS, the MGPD will receive Sixteen Thousand Dollars ($16,000.00) from 22 this Grant, and 23 WHEREAS, the MGPD will utilize this grant to educate the public, and to enforce 24 pedestrian and bicycle safety in high priority areas throughout the City, and 25 WHEREAS, the education component will include but not be limited to public 26 presentations, and direct citizen, and 27 WHEREAS, MGPD is committed to furthering the education of its uniformed road 28 patrol personnel, through in-house training programs for patrol officers, and 29 WHEREAS, Grant funding provides one hundred percent (100%) reimbursement 30 for the costs of four (4) officers to work four (4) hours a day, one day per week, not to 31 exceed thirty-three (33) weeks, and for educational materials for training, 32 101 OF 194 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 34 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 35 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 36 made a specific part of this Resolution. 37 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 38 hereby authorizes the City Manager to accept the Urban Transportation Research Grant 39 award; and authorizes the City Manager to execute any and all agreements that are 40 awarded to the City as a result of this grant process. 41 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 42 upon its final passage. 43 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 44 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 45 46 ___________________________________ 47 OLIVER GILBERT, III, MAYOR 48 49 50 51 ATTEST: 52 53 54 __________________________________ 55 RONETTA TAYLOR, MMC, CITY CLERK 56 57 58 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59 60 61 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 62 63 Moved by: __________________ 64 65 VOTE: _________ 66 102 OF 194 3 67 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 68 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 69 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 70 Councilman Rodney Harris ____ (Yes) ____ (No) 71 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 72 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 73 Councilman David Williams Jr ____ (Yes) ____ (No) 74 75 103 OF 194 104 OF 194 105 OF 194 106 OF 194 107 OF 194 108 OF 194 109 OF 194 110 OF 194 111 OF 194 112 OF 194 113 OF 194 114 OF 194 115 OF 194 116 OF 194 117 OF 194 118 OF 194 119 OF 194 120 OF 194 121 OF 194 122 OF 194 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: General Fund- IT Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)N/A X Sponsor Name Cameron D. Benson, City Manager Department: Office of Information Technology Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO TYLER TECHNOLOGIES INC., FOR MAINTENANCE SUPPORT AND LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE AMOUNT OF NINETY-FOUR THOUSAND EIGHT HUNDRED FORTY DOLLARS AND TWENTY-ONE CENTS ($94,840.21), FOR FISCAL YEAR 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens utilizes the EDEN software from Tyler Technologies’, as our main operational software package for the departments. The EDEN software package is deeply ingrained in the day-to-day business operations of the City. Agenda Item K-13 Eden Software Package 123 OF 194 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 On May 9, 2003, the City of Fort Myers issued a Request For Proposal (RFP) Number R6006-03, which resulted in an agreement with Eden Systems Incorporated. On October 1, 2003, the City of Fort Myers Evaluation Committee short-listed three software Bidders: J.D. Edwards, MUNIS, and Eden Incorporated and unanimously voted to elevate Eden Systems. February 2, 2004, City Council of Fort Myers approved Item Number 42 for the Software License and Use Agreement in the amount of one million twenty-four thousand four hundred and five dollars ($1,024,405.00) to Eden Systems Incorporated. The City of Fort Myers permitted other entities to utilize their contract for similar services and Eden Systems Incorporated agreed to permit the City of Miami Gardens to utilize their contract for the provisions required by the City. In 2005, City staff performed a market research and vendor analysis on the Enterprise Resource Planning (ERP) System for the City. City staff researched several governmental integrated software programs and determined components necessary for the City’s operational software package. City Staff reviewed all of the information received from Tyler Technologies, New World Systems, American Data Group, MGT of America; SunGard Bi-Tech; CityView; Logics, LLC and AVR. Demonstrations were requested and provided by: Eden Systems (Tyler Technologies); Logos.NET (New World Systems); MUNIS System (Tyler Technologies); SunGard Bi-Tech; and Logics LLC. The product from Eden Systems by Tyler Technologies was determined to be a better option for the City of Miami Gardens because it offered the most complete, fully integrated City wide software system, which meets all of the City’s current and future software requirements (Exhibit 1). On December 14, 2005, the City Council adopted Resolution Number 2005-169-346, authorizing the City Manager to negotiate and execute agreements with Tyler Technologies, Inc., in accordance with the City of Fort Myers contract for the purchase and implementation of a Enterprise Resource Planning (ERP) System – EDEN, in an amount not exceed six hundred fifty thousand dollars ($650,000.00); plus a separate annual support maintenance agreement. The initial term of the agreement, software and services was upon execution of the contract and will continue until terminated. According to the software license and use agreement, support and services are provided subject to the terms and conditions of the License Agreement. The agreement includes licenses, technical support and maintenance for Tyler EDEN. The cost for maintenance in 2016 was $91,766.06. The cost for maintenance in 2017 is $94,840.21; the current cost for maintenance is an increase of approximately three percent (3%) above last year’s cost. Current Situation The City of Miami Gardens has acquired Tyler Technologies’ Enterprise Resource Planning (ERP) System – EDEN, as our primary ERP City wide integrated software system. Tyler Technologies’ also provides the City with annual maintenance support for the operational software. The Eden Software is proprietary 124 OF 194 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 software and available by Tyler Technologies’. The City’s current software agreement with Eden Systems Incorporated requires the City to meet and exceed the minimum hardware, software and communication connectivity requirements referenced in the contract. Therefore, Tyler Technologies is the only reasonable source to provide maintenance for the City’s ERP system. For Fiscal Year 2017, the annual cost for software maintenance is $94,840.21. Fiscal Impact The amount budgeted in FY 2017 is $92,000. The Department will utilize the repairs and maintenance line item to cover the shortfall of $2,840.21. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing the City Manager to issue a purchase order to Tyler Technologies for the maintenance support and licenses of the EDEN software package in an amount of $94,840.21. Attachment: Exhibit 1 – Memorandum Authorization December 14, 2005 Exhibit 2 - City of Fort Myers Eden System Inc. Software License Use Agreement. Exhibit 3 – Tyler Technologies Invoice 125 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A PURCHASE ORDER TO TYLER 5 TECHNOLOGIES INC., FOR MAINTENANCE SUPPORT AND 6 LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE 7 AMOUNT OF NINETY-FOUR THOUSAND EIGHT HUNDRED 8 FORTY DOLLARS AND TWENTY-ONE CENTS ($94,840.21), 9 FOR FISCAL YEAR 2017; PROVIDING FOR THE ADOPTION OF 10 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Miami Gardens utilizes the Enterprise Resource Planning 13 System (EDEN) software package from Tyler Technologies, Inc., as our main 14 operational software package for the departments, and 15 WHEREAS, EDEN is deeply ingrained in the day-to-day business operations of 16 the City, and 17 WHEREAS, on May 9, 2003, the City of Fort Myers issued a Request For 18 Proposal (RFP) Number R6006-03, which resulted in an agreement with Eden Systems 19 Incorporated, and 20 WHEREAS, on October 1, 2003, the City of Fort Myers Evaluation Committee 21 short-listed three software Bidders: J.D. Edwards, MUNIS, and Eden Incorporated and 22 unanimously voted to elevate Eden Systems, and 23 WHEREAS, on February 2, 2004, City Council of Fort Myers approved Item 24 Number 42 for the Software License and Use Agreement in the amount of One Million 25 Twenty-Four Thousand Four Hundred and Five Dollars ($1,024,405.00) to Eden 26 Systems Incorporated, and 27 WHEREAS, the City of Fort Myers permitted other entities to utilize their contract 28 for similar services and Eden Systems Incorporated agreed to permit the City of Miami 29 Gardens to utilize their contract for the provisions required by the City, and 30 126 OF 194 2 WHEREAS, on December 14, 2005, the City Council of the City of Miami 31 Gardens adopted Resolution 2005-169-346, which authorized the City Manager to 32 negotiate and execute agreements with Tyler Technologies, Inc., in accordance with the 33 City of Fort Myers contract for the purchase and implementation of EDEN, in an amount 34 not exceed Six Hundred Fifty Thousand Dollars ($650,000.00); plus a separate annual 35 support maintenance agreement, and 36 WHEREAS, the initial term of the agreement, software and services was upon 37 execution of the contract and will continue until terminated, and 38 WHEREAS, it is necessary for the City to renew the annual maintenance support 39 and licenses for the use of EDEN, and 40 WHEREAS, the cost for the software maintenance and licenses in 2017 is 41 Ninety-Four Thousand Eight Hundred Forty Dollars and Twenty-One Cents 42 ($94,840.21), 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 45 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 46 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 47 made a specific part of this Resolution. 48 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 49 hereby authorizes the City Manager to issue a purchase order to Tyler Technologies 50 Inc., for maintenance support and licenses for the EDEN software package in the 51 amount of Ninety-Four Thousand Eight Hundred Forty Dollars and Twenty-One Cents 52 ($94,840.21), for fiscal year 2017. 53 127 OF 194 3 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 54 upon its final passage. 55 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 56 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 57 58 ___________________________________ 59 OLIVER GILBERT, III, MAYOR 60 61 62 63 ATTEST: 64 65 66 __________________________________ 67 RONETTA TAYLOR, MMC, CITY CLERK 68 69 70 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 71 72 73 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 74 75 Moved by: __________________ 76 77 VOTE: _________ 78 79 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 80 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 81 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 82 Councilman Rodney Harris ____ (Yes) ____ (No) 83 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 84 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 85 Councilman David Williams Jr ____ (Yes) ____ (No) 86 87 128 OF 194 129 OF 194 130 OF 194 131 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Revenue - General Funds/ Planning and Zoning Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X Sponsor Name Cameron D. Benson City Manager Department: Planning and Zoning Services Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR THE ACCEPTANCE OF THE COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO ASSIST WITH THE DEVELOPMENT OF URBAN DESIGN STANDARDS WITHIN THE ENTERTAINMENT OVERLAY DISTRICT, A COPY OF WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Agenda Item K-14 Community Planning Technical Grant 132 OF 194 18605 NW 27th Avenue Miami Gardens, Florida 33056 Background In 2015 the City of Miami Gardens adopted the Entertainment Overlay (EO) zoning district to encourage and support large scale development of entertainment driven uses, including, but not limited to, hotels, theaters, cultural centers, indoor recreation facilities, restaurants, and commercial activities with the purpose of attracting customers and visitors from local, regional, national, and international areas. As a complement to the recently adopted EO zoning standards the City wishes to draft urban design standards that will produce iconic architecture in alignment with the City’s vision for a revitalized commercial center attracting lively urban development. Current Situation The City of Miami Gardens has applied for a Community Planning Technical Assistance grant from the Florida Department of Economic Opportunity (DEO) to assist with the development of urban design standards within the City’s EO zoning district. The City has been awarded $25,000 to facilitate the establishment of design standards focused on the physical form of development within the Entertaiment Overlay. Fiscal Impact This is a reimbursable grant for eligible expenses with no matching funds required. Proposed Action: City Council allow the City Manager to accept the grant award and submit the required resolution. Authorize the City Manager to execute any and all agreements that are awarded to the City as a result of this grant process. Attachment: Attachment A - Grant Agreement 133 OF 194 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5 RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE 6 FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY FOR 7 THE ACCEPTANCE OF THE COMMUNITY PLANNING 8 TECHNICAL ASSISTANCE GRANT IN THE AMOUNT OF 9 TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO ASSIST 10 WITH THE DEVELOPMENT OF URBAN DESIGN STANDARDS 11 WITHIN THE ENTERTAINMENT OVERLAY DISTRICT, A COPY 12 OF WHICH IS ATTACHED HERETO TO AS EXHIBIT “A”; 13 AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND 14 ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS; 15 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 16 PROVIDING FOR AN EFFECTIVE DATE. 17 18 WHEREAS, in 2015 the City of Miami Gardens adopted the Entertainment 19 Overlay (EO) zoning district to encourage and support large scale development of 20 entertainment driven uses, including, but not limited to, hotels, theaters, cultural centers, 21 indoor recreation facilities, restaurants, and commercial activities, and 22 WHEREAS, the City applied for a Community Planning Technical Assistance 23 grant from the Florida Department of Economic Opportunity (DEO) to assist with the 24 development of urban design standards within the EO, and 25 WHEREAS, the City has been awarded the DEO grant in the amount of Twenty-26 Five Thousand Dollars ($25,000.00), to facilitate the establishment of design standards 27 focused on the physical form of development within the EO, and. 28 WHEREAS, the grant funds will be used to assist in the drafting of urban design 29 standards that will produce iconic architecture in alignment with the City’s vision for a 30 revitalized commercial center attracting lively urban development, and 31 WHEREAS, this is a reimbursable grant for eligible expenses with no matching 32 funds required, 33 134 OF 194 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 35 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 36 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 37 made a specific part of this Resolution. 38 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 39 hereby authorizes the City Manager to accept the Community Planning Technical 40 Assistance grant from the Florida Department of Economic Opportunity (DEO); and 41 authorizes the City Manager to execute any and all agreements that are awarded to the 42 City as a result of this grant process. 43 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 44 upon its final passage. 45 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 46 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 47 48 ___________________________________ 49 OLIVER GILBERT, III, MAYOR 50 51 52 53 ATTEST: 54 55 56 __________________________________ 57 RONETTA TAYLOR, MMC, CITY CLERK 58 59 60 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 61 62 63 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 64 65 Moved by: __________________ 66 135 OF 194 3 67 VOTE: _________ 68 69 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 70 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 71 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72 Councilman Rodney Harris ____ (Yes) ____ (No) 73 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 74 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 75 Councilman David Williams, Jr. ____ (Yes) ____ (No) 76 77 136 OF 194 Agreement # P0214 Page 1 of 39 GRANT AGREEMENT STATE OF FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY THIS GRANT AGREEMENT (“Agreement”) is made and entered into by and between the State of Florida, Department of Economic Opportunity (“DEO”), and City of Miami Gardens (“Grantee”). DEO and Grantee are sometimes referred to herein individually as a “Party” and collectively as “the Parties.” I. GRANTEE AGREES: A. Performance Requirements: Grantee shall perform the services specified herein in accordance with the terms and conditions of this Agreement and all of its attachments and/or exhibits, which are incorporated by reference herein. B. Type of Agreement: This Agreement is a cost reimbursement agreement. C. Agreement Period: The term of this Agreement begins on July 1, 2016, and shall end on June 30, 2017. DEO shall not be obligated to pay for costs incurred by Grantee related to this Agreement prior to its beginning date or after its ending date. Grantee acknowledges that while no extension of this Agreement is contemplated, if an extension is necessary due to events beyond the control of Grantee, any consideration of an extension will be subject to the availability of funds and further conditioned upon Grantee’s satisfactory performance of all duties and obligations hereunder, as determined by DEO. D. Agreement Payment: This Agreement shall not exceed Twenty-Five Thousand Dollars ($25,000) which shall be paid by DEO in consideration for Grantee’s provision of services as set forth by the terms and conditions of this Agreement. The State of Florida and DEO’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. DEO shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an “annual appropriation” of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on DEO or the State. DEO agrees to notify Grantee in writing at the earliest possible time if funds are not appropriated or available. The cost for services rendered under any other Agreement or to be paid from any other source is not eligible for reimbursement under this Agreement. E. Requirements of paragraphs (a) – (i) of subsection 287.058(1), Florida Statutes (F.S.): 1. Grantee shall submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. 137 OF 194 Agreement # P0214 Page 2 of 39 2. If travel expenses are authorized, Grantee shall submit bills for such travel expenses and shall be reimbursed only in accordance with section 112.061, F.S. 3. Grantee shall allow public access to all documents, papers, letters or other materials made or received by Grantee in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. It is expressly understood that DEO may unilaterally cancel this Agreement for Grantee’s refusal to comply with this provision. 4. Grantee shall perform all tasks contained in Attachment 1, Scope of Work. 5. Receipt by Grantee of DEO’s written acceptance of the units of deliverables specified herein is a condition precedent to payment under this Agreement and is contingent upon Grantee’s compliance with the specified performance measure (i.e., each deliverable must satisfy at least the minimum acceptable level of service specified in the Scope of Work and DEO shall apply the applicable criteria stated in the Scope of Work to determine satisfactory completion of each deliverable). 6. Grantee shall comply with the criteria and final date by which such criteria must be met for completion of this Agreement. 7. Renewal: This Agreement may not be renewed. 8. If Grantee fails to perform in accordance with the Agreement, DEO shall apply the financial consequences specified herein. 9. Unless otherwise agreed in writing, intellectual property rights to preexisting property will remain with Grantee; whereas, intellectual property rights to all property created or otherwise developed by Grantee specifically for DEO will be owned by the State of Florida through DEO. Proceeds derived from the sale, licensing, marketing or other authorization related to any such DEO-controlled intellectual property right shall be handled in the manner specified by applicable state statute. F. Governing Laws of the State of Florida: 1. Grantee agrees that this Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws, rules, and regulations of the State of Florida. Each Party shall perform its obligations herein in accordance with the terms and conditions of the Agreement. Without limiting the provisions of Section II.D., Dispute Resolution, the exclusive venue of any legal or equitable action that arises out of or relates to the Agreement shall be the appropriate state court in Leon County, Florida; in any such action, the Parties waive any right to jury trial. For avoidance of doubt, should any term of this Agreement conflict with any applicable law, rule, or regulation, the law, rule, or regulation shall control over the provisions of this Agreement. 2. If applicable, Grantee agrees that it is in compliance with the rules for e-procurement as directed by Rule 60A-1.030, F.A.C., and that it will maintain eligibility for this Agreement through the MyFloridaMarketplace.com system. 138 OF 194 Agreement # P0214 Page 3 of 39 3. DEO shall ensure compliance with section 11.062, F.S., and section 216.347, F.S. Grantee shall not, in connection with this or any other agreement with the State, directly or indirectly: (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee’s decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of DEO’s Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee’s integrity or responsibility. Such information may include, but shall not be limited to, Grantee’s business or financial records, documents, or files of any type or form that refer to or relate to this Agreement. Grantee shall retain such records in accordance with the record retention requirements of Part V of Attachment 2, Audit Requirements. 4. Grantee agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of Grantee’s compliance with the terms of this or any other agreement between Grantee and the State which results in the suspension or debarment of Grantee. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. Grantee shall not be responsible for any costs of investigations that do not result in Grantee’s suspension or debarment. Grantee understands and will comply with the requirements of subsection 20.055(5), F.S., including but not necessarily limited to, the duty of Grantee and any of Grantee’s subcontractors to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to section 20.055, F.S. 5. Public Entity Crime: Pursuant to section 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on an agreement to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on an agreement with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor or consultant under an agreement with any public entity and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 6. Advertising: Subject to chapter 119, F.S., Grantee shall not publicly disseminate any information concerning this Agreement without prior written approval from DEO, including, but not limited to, mentioning this Agreement in a press release or other promotional material, identifying DEO or the State as a reference, or otherwise linking Grantee’s name and either a description of the Agreement or the name of DEO or the State in any material published, either in print or electronically, to any entity that is not a Party to this Agreement, except potential or actual authorized distributors, dealers, resellers, or service representatives. 7. Sponsorship: As required by section 286.25, F.S., if Grantee is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including 139 OF 194 Agreement # P0214 Page 4 of 39 any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: “Sponsored by (Grantee’s name) and the State of Florida, Department of Economic Opportunity.” If the sponsorship reference is in written material, the words “State of Florida, Department of Economic Opportunity” shall appear in the same size letters or type as the name of the organization. 8. Mandatory Disclosure Requirements: a. Conflict of Interest: This Agreement is subject to chapter 112, F.S. Grantee shall disclose the name of any officer, director, employee, or other agent who is also an employee of the State. Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in Grantee or its affiliates. b. [Intentionally Omitted.] c. Vendors on Scrutinized Companies Lists: If this Agreement is in the amount of $1 million or more, in executing this Agreement, Grantee certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, F.S. 1) Pursuant to section 287.135(5), F.S., DEO may immediately terminate this Agreement for cause if Grantee is found to have submitted a false certification or if Grantee is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, during the term of the Agreement. 2) If DEO determines that Grantee has submitted a false certification, DEO will provide written notice to Grantee. Unless Grantee demonstrates in writing, within ninety (90) days of receipt of the notice, that DEO’s determination of false certification was made in error, DEO shall bring a civil action against Grantee. If DEO’s determination is upheld, a civil penalty equal to the greater of $2 million or twice the amount of this Agreement shall be imposed on Grantee, and Grantee will be ineligible to bid on any Agreement with an agency or local governmental entity for three (3) years after the date of DEO’s determination of false certification by the Grantee. 3) In the event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified herein, this provision shall be null and void. d. Discriminatory Vendors: Grantee shall disclose to DEO if it or any its affiliates, as defined by section 287.134(1)(a), F.S. appears on the discriminatory vendor list. An entity or affiliate placed on the discriminatory vendor list pursuant to section 287.134, F.S. may not: 1) submit a bid, proposal, or reply on a contract or agreement to provide any goods or services to a public entity; 2) submit a bid, proposal, or reply on a contract or agreement with a public entity for the construction or repair of a public building or public work; 140 OF 194 Agreement # P0214 Page 5 of 39 3) submit bids, proposals, or replies on leases of real property to a public entity; 4) be awarded or perform work as a contractor, subcontractor, Grantee, supplier, sub- Grantee, or consultant under a contract or agreement with any public entity; or 5) transact business with any public entity. 9. [Intentionally Omitted.] 10. Information Release: a. Grantee shall keep and maintain public records required by DEO to perform Grantee’s responsibilities hereunder. Grantee shall, upon request from DEO’s custodian of public records, provide DEO with a copy of the requested records or allow the records to be inspected or copied within a reasonable time per the cost structure provided in chapter 119, F.S., and in accordance with all other requirements of chapter 119, F.S., or as otherwise provided by law. Upon expiration or termination of this Agreement, Grantee shall transfer, at no cost, to DEO all public records in possession of Grantee or keep and maintain public records required by DEO to perform the service. If the Grantee keeps and maintains public records upon completion of the Agreement, the Grantee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to DEO, upon request from the DEO’s custodian of records, in a format that is compatible with the information technology systems of DEO. b. If DEO does not possess a record requested through a public records request, DEO shall notify the Grantee of the request as soon as practicable, and Grantee must provide the records to DEO or allow the records to be inspected or copied within a reasonable time. If Grantee does not comply with DEO’s request for records, DEO shall enforce the provisions set forth in this Agreement. A Grantee who fails to provide public records to DEO within a reasonable time may be subject to penalties under section 119.10, F.S. c. DEO does not endorse any Grantee, commodity, or service. No public disclosure or news release pertaining to this Agreement shall be made without the prior written approval of DEO. Grantee is prohibited from using Agreement information, sales values/volumes and/or DEO customers in sales brochures or other promotions, including press releases, unless prior written approval is obtained from DEO. d. Grantee acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating to public records and that reports, invoices, and other documents Grantee submits to DEO under this Agreement may constitute public records under Florida Statutes. Grantee shall cooperate with DEO regarding DEO’s efforts to comply with the requirements of chapter 119, F.S. e. If Grantee submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information, such records should be identified as such by Grantee prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of chapter 119, F.S., prior to submittal of the record to DEO serves as Grantee’s waiver of a claim of exemption. Grantee shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of 141 OF 194 Agreement # P0214 Page 6 of 39 the Agreement term and following completion of the Agreement if the Grantee does not transfer the records to DEO upon termination of the Agreement. f. Grantee shall allow public access to all records made or received by Grantee in conjunction with this Agreement, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. For records made or received by Grantee in conjunction with this Agreement, Grantee shall respond to requests to inspect or copy such records in accordance with chapter 119, F.S. g. In addition to Grantee’s responsibility to directly respond to each request it receives for records made or received by Grantee in conjunction with this Agreement and to provide the applicable public records in response to such request, Grantee shall notify DEO of the receipt and content of such request by sending an e-mail to PRRequest@deo.myflorida.com within one (1) business day from receipt of such request. h. Grantee shall notify DEO verbally within twenty-four (24) chronological hours and in writing within seventy-two (72) chronological hours if any data in Grantee’s possession related to this Agreement is subpoenaed or improperly used, copied, or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Grantee shall cooperate with DEO in taking all steps as DEO deems advisable to prevent misuse, regain possession, and/or otherwise protect the State’s rights and the data subject’s privacy. i. IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850- 245-7140, via e-mail at PRRequest@deo.myflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. 11. Funding Requirements of Section 215.971(1), F.S.: a. Grantee and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (http://www.myfloridacfo.com/aadir/reference_guide/). b. Grantee shall refund to DEO any balance of unobligated funds which has been advanced or paid to Grantee. c. Grantee shall refund to DEO all funds paid in excess of the amount to which Grantee or its subcontractors are entitled under the terms and conditions of the Agreement. 142 OF 194 Agreement # P0214 Page 7 of 39 G. Grantee Payments: 1. Grantee will provide DEO’s Agreement Manager invoices in accordance with the requirements of the State of Florida Reference Guide for State Expenditures, with detail sufficient for a proper pre-audit and post-audit thereof. Invoices must also comply with the following: a. Invoices must be legible and must clearly reflect the goods/services that were provided in accordance with the terms of the Agreement for the invoice period. Payment does not become due under the Agreement until the invoiced deliverable(s) and any required report(s) are approved and accepted by DEO. b. Invoices must contain the Grantee’s name, address, federal employer identification number or other applicable Grantee identification number, the Agreement number, the invoice number, and the invoice period. DEO or the State may require any additional information from Grantee that DEO or the State deems necessary to process an invoice. c. Invoices must be submitted in accordance with the time requirements specified in the Scope of Work. 2. At DEO’s or the State's option, Grantee may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Grantee supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to DEO’s Agreement Manager through the Ariba Supplier Network (ASN) in one of the following mechanisms – EDI 810, cXML, or web-based invoice entry within the ASN. 3. Payment shall be made in accordance with section 215.422, F.S., Rule 69I-24, F.A.C., and section 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S., provides that agencies have five (5) working days to inspect and approve goods and services unless the Scope of Work specifies otherwise. DEO has twenty (20) days to deliver a request for payment (voucher) to the Department of Financial Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. The Scope of Work may specify conditions for retainage. Invoices returned to a Grantee due to preparation errors will result in a delay of payment. Invoice payment requirements do not start until a properly completed invoice is provided to DEO. DEO is responsible for all payments under the Agreement. 4. Section 55.03(1), F.S., identifies the process applicable to the determination of the rate of interest payable on judgments and decrees, and pursuant to section 215.422(3)(b), F.S., this same process applies to the determination of the rate of interest applicable to late payments to vendors for goods and services purchased by the State and for contracts which do not specify a rate of interest. The applicable rate of interest is published at: http://www.myfloridacfo.com/aadir/interest.htm H. Final Invoice: Grantee shall submit the final invoice for payment to DEO no later than 60 days after the Agreement ends or is terminated. If Grantee fails to do so, DEO, in its sole discretion, may refuse 143 OF 194 Agreement # P0214 Page 8 of 39 to honor any requests submitted after this time period and may consider Grantee to have forfeited any and all rights to payment under this Agreement. I. Return or Recoupment of Funds: 1. Grantee shall return to DEO any overpayments due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Grantee by DEO. In the event that Grantee or its independent auditor discovers that overpayment has been made, Grantee shall repay said overpayment within forty (40) calendar days without prior notification from DEO. In the event that DEO first discovers an overpayment has been made, DEO will notify Grantee by letter. Should repayment not be made in a timely manner, DEO shall be entitled to charge interest at the lawful rate of interest on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to DEO’s Agreement Manager, and made payable to the “Department of Economic Opportunity.” 2. If authorized and approved, Grantee may be provided an advance as part of this Agreement. 3. Notwithstanding the damages limitations of Section II.F., if Grantee’s non-compliance with any provision of the Agreement results in additional cost or monetary loss to DEO or the State of Florida, DEO can recoup that cost or loss from monies owed to Grantee under this Agreement or any other Agreement between Grantee and any State entity. In the event that the discovery of this cost or loss arises when no monies are available under this Agreement or any other Agreement between Grantee and any State entity, Grantee will repay such cost or loss in full to DEO within thirty (30) days of the date of notice of the amount owed, unless DEO agrees, in writing, to an alternative timeframe. J. Vendor Ombudsman: A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Chief Financial Officer’s Hotline, (800) 342-2762. K. Audits and Records: 1. Representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or representatives of the federal government and their duly authorized representatives shall have access to any of Grantee’s books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. 2. Grantee shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. 3. Grantee shall comply with all applicable requirements of section 215.97, F.S., and Attachment 2, Audit Requirements; and, if an audit is required thereunder, Grantee shall disclose all related party transactions to the auditor. 144 OF 194 Agreement # P0214 Page 9 of 39 4. Grantee shall retain all Grantee records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement in accordance with the record retention requirements of Part V of Attachment 2, Audit Requirements. Grantee shall cooperate with DEO to facilitate the duplication and transfer of such records or documents upon request of DEO. 5. Grantee shall include the aforementioned audit and record keeping requirements in all approved subrecipient subcontracts and assignments. 6. Within sixty (60) days of the close of Grantee’s fiscal year, on an annual basis, Grantee shall electronically submit a completed Audit Compliance Certification (a version of this certification is attached hereto as Attachment 3) to audit@deo.myflorida.com. Grantee’s timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and Grantee. 7. Grantee shall (i) maintain all funds provided under this Agreement in a separate bank account, or (ii) Grantee’s accounting system shall have sufficient internal controls to separately track the funds from this Agreement. There shall be no commingling of funds provided under this Agreement, with any other funds, projects, or programs. DEO may, in its sole discretion, disallow costs that result from purchases made with commingled funds. L. Employment Eligibility Verification: 1. Executive Order 11-116, signed May 27, 2011, by the Governor of Florida, requires DEO contracts in excess of nominal value to expressly require Grantee to: a. Utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by Grantee during the Agreement term; and, b. Include in all subcontracts under this Agreement, the requirement that subcontractors performing work or providing services pursuant to this Agreement utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. 2. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States after the effective date of the required Memorandum of Understanding (MOU); the responsibilities and elections of federal contractors, however, may vary, as stated in Article II.D.1.c. of the MOU. There is no charge to employers to use E-Verify. The Department of Homeland Security’s E-Verify system can be found at: http://www.dhs.gov/files/programs/gc_1185221678150.shtm 3. If Grantee does not have an E-Verify MOU in effect, Grantee must enroll in the E-Verify system prior to hiring any new employee after the effective date of this Agreement. 145 OF 194 Agreement # P0214 Page 10 of 39 M. Duty of Continuing Disclosure of Legal Proceedings: (NOTE: If Grantee is a state agency or subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., the provisions of this section are not applicable) 1. Prior to execution of this Agreement, Grantee must disclose all prior or on-going civil or criminal litigation, investigations, arbitration or administrative proceedings (Proceedings) involving Grantee (and each subcontractor) in a written statement to DEO’s Agreement Manager. Thereafter, Grantee has a continuing duty to promptly disclose all Proceedings upon occurrence. 2. This duty of disclosure applies to Grantee’s or subcontractor’s officers and directors when any Proceeding relates to the officer or director’s business or financial activities. Details of settlements that are prevented from disclosure by the terms of the settlement may be annotated as such. 3. Grantee shall promptly notify DEO’s Agreement Manager of any Proceeding relating to or affecting the Grantee’s or subcontractor’s business. If the existence of such Proceeding causes the State concern that the Grantee’s ability or willingness to perform the Agreement is jeopardized, Grantee shall be required to provide DEO’s Agreement Manager all reasonable assurances requested by DEO to demonstrate that: a. Grantee will be able to perform the Agreement in accordance with its terms and conditions; and, b. Grantee and/or its employees, agents, or subcontractor(s) have not and will not engage in conduct in performing services for DEO which is similar in nature to the conduct alleged in such Proceeding. N. Assignments and Subcontracts: 1. Grantee agrees to neither assign the responsibility for this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, or amend any such assignment or subcontract, without prior written approval of DEO. Any sublicense, assignment, or transfer occurring without the prior approval of DEO, shall be null and void. 2. Grantee agrees to be responsible for all work performed and all expenses incurred in fulfilling the obligations of this Agreement. If DEO permits Grantee to subcontract all or part of the work contemplated under this Agreement, including entering into subcontracts with vendors for services, it is understood by Grantee that all such subcontract arrangements shall be evidenced by a written document containing all provisions necessary to ensure subcontractor’s compliance with applicable state and federal law. Grantee further agrees that DEO shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. Grantee, at its expense, will defend DEO against such claims. 3. Grantee agrees that all Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification 146 OF 194 Agreement # P0214 Page 11 of 39 or other proof of qualification. All Grantee employees, subcontractors, or agents performing work under the Agreement must comply with all DEO security and administrative requirements identified herein. DEO may conduct, and Grantee shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by Grantee. DEO may refuse access to, or require replacement of, any of Grantee’s employees, subcontractors, or agents for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with DEO’s security or administrative requirements identified herein. Such refusal shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. DEO may reject and bar from any facility for cause any of Grantee’s employees, subcontractors, or agents. 4. Grantee agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to Grantee. In the event the State of Florida approves transfer of Grantee’s obligations, Grantee remains responsible for all work performed and all expenses incurred in connection with the Agreement. In addition, this Agreement shall bind the successors, assigns, and legal representatives of Grantee and of any legal entity that succeeds to the obligations of the State of Florida. 5. Grantee agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from DEO in accordance with section 287.0585, F.S., unless otherwise stated in the Agreement between Grantee and subcontractor. Grantee’s failure to pay its subcontractors within seven (7) working days will result in a penalty charged against Grantee and paid to the subcontractor in the amount of one-half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. 6. Grantee shall provide a monthly Minority and Service-Disabled Veteran Business Enterprise Report for each invoice period summarizing the participation of certified and non-certified minority and service-disabled veteran subcontractors/material suppliers for that period, and project to date. The report shall include the names, addresses and dollar amount of each certified and non-certified Minority Business Enterprise and Service-Disabled Veteran Enterprise participant and a copy must be forwarded to DEO’s Agreement Manager. The Office of Supplier Diversity at (850) 487-0915 will assist in furnishing names of qualified minorities. DEO’s Minority Coordinator at (850) 245-7260 will assist with questions and answers. 7. DEO shall retain the right to reject any of Grantee’s or subcontractor’s employees whose qualifications or performance, in DEO’s judgment, are insufficient. O. [Intentionally Omitted.] P. Nonexpendable Property: 1. For the requirements of this Section of the Agreement, "nonexpendable property" is the same as “property” as defined in section 273.02, F.S., (equipment, fixtures, and other tangible personal property of a non-consumable and nonexpendable nature, with a value or cost of $1,000 or more, and a normal expected life of one year or more; hardback-covered bound 147 OF 194 Agreement # P0214 Page 12 of 39 books that are circulated to students or the general public, with a value or cost of $25 or more; and hardback-covered bound books, with a value or cost of $250 or more). 2. All nonexpendable property, purchased under this Agreement, shall be listed on the property records of Grantee. Grantee shall inventory annually and maintain accounting records for all nonexpendable property purchased and submit an inventory report to DEO with the final expenditure report. The records shall include, at a minimum, the following information: property tag identification number, description of the item(s), physical location, name, make or manufacturer, year, and/or model, manufacturer’s serial number(s), date of acquisition, and the current condition of the item. 3. At no time shall Grantee dispose of nonexpendable property purchased under this Agreement for these services without the written permission of and in accordance with instructions from DEO. 4. Immediately upon discovery, Grantee shall notify DEO, in writing, of any property loss with the date and reason(s) for the loss. 5. Grantee shall be responsible for the correct use of all nonexpendable property furnished under this Agreement. 6. A formal Agreement amendment is required prior to the purchase of any item of nonexpendable property not specifically listed in the approved Agreement budget. 7. Title (ownership) to all nonexpendable property acquired with funds from this Agreement shall be vested in DEO and said property shall be transferred to DEO upon completion or termination of the Agreement unless otherwise authorized in writing by DEO. Q. Requirements Applicable to the Purchase of or Improvements to Real Property: Pursuant to section 287.05805, F.S., if funding provided under this Agreement is used for the purchase of or improvements to real property, such funds are contingent upon Grantee granting to DEO a security interest in the property in the amount of the funding provided by this Agreement for the purchase of or improvements to the real property for five (5) years from the date of purchase or the completion of the improvements or as further required by law. R. Procurement: Grantee shall, at a minimum, follow its internal procurement policies and procedures. S. Insurance: During the Agreement, including the initial Agreement term, renewal(s), and extensions, Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of Grantee, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by Grantee shall not be interpreted as limiting Grantee’s liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. 148 OF 194 Agreement # P0214 Page 13 of 39 Upon execution of this Agreement, Grantee shall provide DEO written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the effective date of the Agreement, Grantee shall furnish DEO proof of applicable insurance coverage by standard ACORD form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, Grantee shall immediately notify DEO of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. The insurance certificate must name DEO as an additional insured and identify DEO’s Agreement Number. Copies of new insurance certificates must be provided to DEO’s Agreement Manager with each insurance renewal. DEO shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of Grantee providing such insurance. The following types of insurance are required. 1. Grantee’s Commercial General Liability Insurance: Unless Grantee is a state agency or subdivision as defined by section 768.28(2), F.S., Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during this Agreement. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. 2. Workers’ Compensation and Employer’s Liability Insurance: Grantee, at all times during the Agreement, at its sole expense, shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Agreement, which, as a minimum, shall be: workers’ compensation and employer’s liability insurance in accordance with chapter 440, F.S., with minimum employer’s liability limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policy shall cover all employees engaged in any Agreement work. 3. Other Insurance: During the Agreement term, Grantee shall maintain any other insurance as required in Attachment 1, Scope of Work. T. Confidentiality and Safeguarding Information: 1. Each Party may have access to confidential information made available by the other. The provisions of the Florida Public Records Act, Chapter 119, F.S., and other applicable state and federal laws will govern disclosure of any confidential information received by the State of Florida. 2. Grantee must implement procedures to ensure the appropriate protection and confidentiality of all data, files, and records involved with this Agreement. 3. Except as necessary to fulfill the terms of this Agreement and with the permission of DEO, Grantee shall not divulge to third parties any confidential information obtained by Grantee or its agents, distributors, resellers, subcontractors, officers, or employees in the course of performing Agreement work, including, but not limited to, security procedures, business 149 OF 194 Agreement # P0214 Page 14 of 39 operations information, or commercial proprietary information in the possession of the State or DEO. 4. Grantee agrees not to use or disclose any information concerning a recipient of services under this Agreement for any purpose not in conformity with state and federal law or regulations except upon written consent of the recipient, or his responsible parent or guardian when authorized by law, if applicable. 5. If Grantee has access to either DEO’s network or any DEO applications, or both, in order to fulfill Grantee’s obligations under this Agreement, Grantee agrees to abide by all applicable DEO Information Technology Security procedures and policies. Grantee (including its employees, subcontractors, agents, or any other individuals to whom Grantee exposes confidential information obtained under this Agreement), shall not store, or allow to be stored, any confidential information on any portable storage media (e.g., laptops, thumb drives, hard drives, etc.) or peripheral device with the capacity to hold information. Failure to strictly comply with this provision shall constitute a breach of Agreement. 6. Grantee shall notify DEO in writing of any disclosure of unsecured confidential information of DEO by Grantee, its employees, agents, or representatives which is not in compliance with the terms of this Agreement (of which it becomes aware). Grantee also shall report to DEO any Security Incidents of which it becomes aware, including those incidents reported to Grantee by its sub-contractors or agents. For purposes of this Agreement, “Security Incident” means the attempted or successful unauthorized access, use, disclosure, modification, or destruction of DEO information in Grantee’s possession or electronic interference with DEO operations; however, random attempts at access shall not be considered a security incident. Grantee shall make a report to DEO not more than seven (7) business days after Grantee learns of such use or disclosure. Grantee’s report shall identify, to the extent known: (i) the nature of the unauthorized use or disclosure, (ii) the confidential information used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Grantee has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action Grantee has taken or shall take to prevent future similar unauthorized use or disclosure. Grantee shall provide such other information, including a written report, as reasonably requested by DEO’s Information Security Manager. 7. In the event of a breach of security concerning confidential personal information involved with this Agreement, Grantee shall comply with section 501.171, F.S., as applicable. When notification to affected persons is required under this section of the statute, Grantee shall provide that notification, but only after receipt of DEO’s approval of the contents of the notice. “Breach of security” or “breach” means the unauthorized access of data in electronic form containing personal information. Good faith acquisition of personal information by an employee or agent of the Grantee is not a breach, provided the information is not used for a purpose unrelated to the Grantee’s obligations under this Agreement or is not subject to further unauthorized use. U. Warranty of Ability to Perform: Grantee warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish Grantee’s ability to satisfy its Agreement obligations. Grantee 150 OF 194 Agreement # P0214 Page 15 of 39 warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133, F.S., or on any similar list maintained by any other state or the federal government. Grantee shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of the Agreement. V. Patents, Copyrights, and Royalties: 1. Pursuant to section 286.021, F.S., if any discovery or invention arises or is developed in the course or as a result of work or services performed with funds from this Agreement, Grantee shall refer the discovery or invention to DEO who will refer it to the Department of State to determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of the Agreement are hereby reserved to the State of Florida. The rights to any invention resulting from this Agreement that is for the performance of experimental, developmental, or research work are governed by 37 C.F.R. Part 401 and any of its implementing regulations as applicable. 2. Where activities supported by this Agreement produce original writings, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, DEO has the right to use, duplicate, and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to allow others acting on behalf of DEO to do so. In the event that any books, manuals, films, websites, web elements, electronic information, or other copyrightable materials are produced Grantee shall notify DEO. Any and all copyrights accruing under or in connection with the performance funded by this Agreement are hereby reserved to the State of Florida. 3. In accordance with the provisions of section 1004.23, F.S., a State University is authorized in its own name to perform all things necessary to secure letters of patent, copyrights, and trademarks on any works it produces. Any action taken by the university in securing or exploiting such trademarks, copyrights, or patents shall, within thirty (30) days, be reported in writing by the president of the university to the Department of State in accordance with section 1004.23(6), F.S. W. Independent Contractor Status: In Grantee’s performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed that Grantee is at all times acting and performing as an independent Contractor. DEO shall neither have nor exercise any control or direction over the methods by which Grantee shall perform its work and functions other than as provided herein. Nothing in this Agreement is intended to or shall be deemed to constitute a partnership or joint venture between the Parties. 1. Except where Grantee is a state agency, Grantee, its officers, agents, employees, subcontractors, or assignees, in performance of this Agreement shall act in the capacity of an independent Contractor and not as an officer, employee, or agent of the State of Florida. Nor shall Grantee represent to others that, as Grantee, it has the authority to bind DEO unless specifically authorized to do so. 2. Except where Grantee is a state agency, neither Grantee, nor its officers, agents, employees, subcontractors, or assignees are entitled to state retirement or state leave benefits, or to any 151 OF 194 Agreement # P0214 Page 16 of 39 other compensation of state employment as a result of performing the duties and obligations of this Agreement. 3. Grantee agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida. 4. Unless justified by Grantee, and agreed to by DEO in Attachment 1, Scope of Work, DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial, or clerical support) to Grantee or its subcontractor or assignee. 5. DEO shall not be responsible for withholding taxes with respect to Grantee’s compensation hereunder. Grantee shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers’ compensation, health or disability benefits, reemployment assistance benefits, or employee benefits of any kind. Grantee shall ensure that its employees, subcontractors, and other agents, receive benefits and necessary insurance (health, workers’ compensation, reemployment assistance benefits) from an employer other than the State of Florida. 6. Grantee, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of chapter 443, F.S. X. Electronic Funds Transfer: Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State’s Chief Financial Officer within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: http://www.fldfs.com/aadir/direct_deposit_web/Vendors.htm Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. II. GRANTEE AND DEO AGREE: A. Renegotiation or Modification: The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes to this Agreement necessary. In addition to changes necessitated by law, DEO may at any time, with written notice to Grantee, make changes within the general scope of this Agreement. Such changes may include modification of the requirements, changes to processing procedures, or other changes as decided by DEO. Any investigation necessary to determine the impact of the change shall be the responsibility of Grantee. Modifications of provisions of this Agreement shall only be valid when they have been reduced to writing and duly signed and dated by all Parties. B. Time is of the Essence: 152 OF 194 Agreement # P0214 Page 17 of 39 Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Grantee’s obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment 1, Scope of Work. C. Termination: 1. Termination Due to the Lack of Funds: In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, DEO may terminate this Agreement upon no less than twenty-four (24) hour notice in writing to Grantee. DEO shall be the final authority as to the availability of funds and will not reallocate funds earmarked for this Agreement to another program thus causing “lack of funds.” In the event of termination of this Agreement under this provision, Grantee will be compensated for any work satisfactorily completed prior to notification of termination. 2. Termination for Cause: DEO may terminate the Agreement if Grantee fails to: (1) deliver the services within the time specified in the Agreement or any extension; (2) maintain adequate progress, thus endangering performance of the Agreement; (3) honor any term of the Agreement; or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. Grantee shall continue to perform any work not terminated. The rights and remedies of DEO in this clause are in addition to any other rights and remedies provided by law or under the Agreement. Grantee shall not be entitled to recover any cancellation charges or lost profits. 3. Termination for Convenience: DEO, by written notice to Grantee, may terminate this Agreement in whole or in part when DEO determines in its sole discretion that it is in the State’s interest to do so. Grantee shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Agreement, if any. Grantee shall not be entitled to recover any cancellation charges or lost profits. D. Dispute Resolution: Unless otherwise stated in Attachment 1, Scope of Work, disputes concerning the performance of the Agreement shall be decided by DEO, who shall reduce the decision to writing and serve a copy on Grantee. The decision shall be final and conclusive, unless within twenty-one (21) days from the date of receipt, Grantee files with DEO a petition for administrative hearing. DEO’s final order on the petition shall be final, subject to any right of Grantee to judicial review pursuant to section 120.68, F.S. Exhaustion of administrative remedies is an absolute condition precedent to Grantee’s ability to pursue any other form of dispute resolution; provided however, that the Parties may employ the alternative dispute resolution procedures outlined in chapter 120, F.S. E. Indemnification (NOTE: If Grantee is a state agency or subdivision, as defined in section 768.28(2), F.S., pursuant to section 768.28(19), F.S., neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party’s negligence): 153 OF 194 Agreement # P0214 Page 18 of 39 1. Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors, provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or DEO. 2. Further, Grantee shall fully indemnify, defend, and hold harmless the State and DEO from any suits, actions, damages, and costs of every name and description, including attorneys’ fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to DEO’s misuse or modification of Grantee’s products or DEO’s operation or use of Grantee’s products in a manner not contemplated by the Agreement or the purchase order. If any product is the subject of an infringement suit, or in Grantee’s opinion is likely to become the subject of such a suit, Grantee may at its sole expense procure for DEO the right to continue using the product or to modify it to become non-infringing. If Grantee is not reasonably able to modify or otherwise secure DEO the right to continue using the product, Grantee shall remove the product and refund DEO the amounts paid in excess of a reasonable rental for past use. DEO shall not be liable for any royalties. 3. Grantee’s obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or DEO giving Grantee (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Grantee’s sole expense, and (3) assistance in defending the action at Grantee’s sole expense. Grantee shall not be liable for any cost, expense, or compromise incurred or made by the State or DEO in any legal action without Grantee’s prior written consent, which shall not be unreasonably withheld. F. Limitation of Liability: For all claims against Grantee under this Agreement, and regardless of the basis on which the claim is made, Grantee’s liability under this Agreement for direct damages shall be limited to the greater of $100,000 or the dollar amount of this Agreement. This limitation shall not apply to claims arising under the Indemnity paragraphs contained in this Agreement. Unless otherwise specifically enumerated in the Agreement, no Party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the Agreement or purchase order requires Grantee to back-up data or records), even if the Party has been advised that such damages are possible. No Party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and DEO may, in addition to other remedies available to them at law or equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of Grantee or its affiliates to the State against any payments due Grantee under any Agreement with the State. G. Force Majeure and Notice of Delay from Force Majeure: 154 OF 194 Agreement # P0214 Page 19 of 39 Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party’s control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party’s performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Grantee believes is excusable under this paragraph, Grantee shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE’S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against DEO. Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Grantee shall perform at no increased cost, unless DEO determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State, in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. H. Severability: If any provision, in whole or in part, of this Agreement is held to be void or unenforceable by a court of competent jurisdiction, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable, and all other provisions remain in full force and effect. I. Authority of Grantee’s Signatory: Upon execution, Grantee shall return the executed copies of this Agreement in accordance with the instructions provided by DEO along with documentation ensuring that the below signatory has authority to bind Grantee to this Agreement as of the date of execution. Documentation may be in the form of a legal opinion from the Grantee’s attorney, or other reliable documentation demonstrating such authority, and is hereby incorporated by reference. DEO may, at its discretion, request additional documentation related to the below signatory’s authority to bind Grantee to this Agreement. 155 OF 194 Agreement # P0214 Page 20 of 39 J. Execution in Counterparts: This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. K. Contact Information for Grantee and DEO Contacts: DEO’s Agreement Manager: Stella Lewis Department of Economic Opportunity 107 East Madison Street, MSC 160 Tallahassee, FL 32399-4120 Telephone: (850) 717-8487 Facsimile: (850) 717-8522 Email: stella.lewis@deo.myflorida.com Grantee’s Agreement Manager: In the event that any of the information provided above changes, including the designation of a new Agreement Manager, after the execution of this Agreement, the Party making such change will notify all other Parties in writing of such change. Such changes shall not require a formal amendment to the Agreement. L. Notices: The contact information provided in accordance with Section II.K. above shall be used by the Parties for all communications under this Agreement. Where the term “written notice” is used to specify a notice requirement herein, said notice shall be deemed to have been given (i) when personally delivered, (ii) when transmitted via facsimile with confirmation of receipt or email with confirmation of receipt or (iii) the third business day following the day on which the same is sent by certified or registered mail, postage prepaid, with return receipt. M. Attachments and Exhibits: Attached to and made part of this Agreement are the following Attachments and/or Exhibits, each of which is incorporated into, and is an integral part of, this Agreement:  Attachment 1: Scope of Work  Attachment 1-A: Invoice  Attachment 1-B: Grant Agreement Final Closeout Form  Attachment 2 and Exhibit 1 to Attachment 2: Audit Requirements  Attachment 3: Audit Compliance Certification Nakeischea Loi Smith Director of Planning & Zoning 18605 North West 27th Avenue Miami Gardens, FL 33056 Telephone: (306) 622-8000 Ext. 2670 Email: nsmith@miamigardens-fl.gov 156 OF 194 Agreement # P0214 Page 21 of 39 N. Execution: I have read the above Agreement and the attachments and exhibits thereto and understand each section and paragraph. IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and in the attachments hereto, the Parties have caused to be executed this Agreement by their undersigned officials duly authorized. DEPARTMENT OF ECONOMIC OPPORTUNITY CITY OF MIAMI GARDENS By By Signature Signature Taylor Teepell Cameron Benson Title Director of Community Development Title City Manager Date Date Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: _________________________________ Approved Date: _______________________ - Remainder of Page Intentionally Left Blank - 157 OF 194 Agreement # P0214 Page 22 of 39 Attachment 1 SCOPE OF WORK 1. GRANT AUTHORITY. This Community Planning Technical Assistance grant is provided pursuant to section 163.3168, F.S., and Specific Appropriation 2220, Chapter 2016-66, Laws of Florida, to provide direct and/or indirect technical assistance to help Florida communities find creative solutions to fostering vibrant, healthy communities, while protecting the functions of important State resources and facilities. 2. PROJECT DESCRIPTION: Grantee shall prepare an urban design and zoning standards to facilitate business and economic development within the City of Miami Garden’s Entertainment District (District). 3. GRANTEE RESPONSIBILITIES: To perform the tasks and timely provide DEO with the deliverables identified in this paragraph and the table in paragraph 5 below pursuant to the terms of this Agreement. A. Deliverable 1: Grantee shall prepare an Entertainment District Physical Characteristics Analysis. The analysis shall consist of the following components: 1. A map or map series of the district (project area) depicting Entertainment District boundaries, parcels, and rights-of-way. 2. An analysis of existing development within the District through field survey, photograph analysis, and review of public records. The analysis of the District context shall include examination of the following development characteristics within the District: a. typical lot size; b. typical building orientation; c. typical building setbacks and relationship to the street; d. typical driveway access connections (number of connections, width of connections, and location of connections); e. the location of off-street parking, including, for residential properties, absence/presence of garages and the location of the garages in relation to the principle structure; f. typical building height per corridor (along each street in the District); g. typical and secondary preference roof type; h. typical roof pitch and eave details; i. typical façade composition by use type, including window and door placement; j. typical and secondary preference façade materials; k. typical and secondary preference building materials; l. presence/absence of accessory structures and the location of these structures in relation to principle structures; m. presence/absence of porches for residential properties; n. presence/absence of sidewalks along street frontages and typical width of sidewalks where present; o. typical street section, including lane widths and dimension of other features included in the street; p. for structures used for commercial, office, and multifamily residential use, the location and treatment of accessory/ancillary infrastructure, including, solid waste containers, stormwater management facilities, and utility connections; and, 158 OF 194 Agreement # P0214 Page 23 of 39 q. location of landscaping within or adjacent to public rights-of-way. Grantee shall provide the analysis within a report using narrative text, maps, and section views, and that may also include, plan view renderings, figure grounds, additional graphics, tables, and charts. B. Deliverable 2: Grantee shall prepare an analysis of regulatory provisions affecting the physical form of development within the Entertainment District. Grantee shall provide an analysis of existing land development regulations, including zoning, as they apply to the District as follows: 1. The analysis shall include an examination of all of the zoning district regulations currently in effect, as well as those that could applied, within the Entertainment District. 2. The analysis shall include an assessment of the effect of existing land development regulations on physical development within the District, noting how the existing regulations may have led to or could lead to undesirable outcomes development within the District. Grantee shall provide the analysis within a report that includes a list of the various land development regulations presently in effect that apply or could be applied to the District, a map of the zoning districts presently in effect within the District along with a list of the uses/activities allowed for each zoning district and the applicable development standards for each zoning district. The report shall provide the information required in B.2., above using narrative text and may also include maps, illustrations, tables, and charts. C. Deliverable 3: Grantee shall conduct a Stakeholder Charrette. Grantee shall prepare and implement a public participation plan as follows: 1. Grantee shall identify and list stakeholders and stakeholder groups. 2. Grantee shall conduct a two-part stakeholder charrette to identify community preferences for design guidelines. 3. Grantee shall prepare a summary of findings and draft minutes from the community workshops. Grantee shall provide a report documenting the results of the charrette using narrative text, maps, and illustrative graphical information including corridor section views and plan view renderings, and may also include figure grounds, tables, and charts. D. Deliverable 4: Grantee shall provide recommended Urban Design Standards for the Entertainment District. The recommendations shall address the following development characteristics within the District: 1. lot size; 2. building orientation; 3. building setbacks and relationship to the street; 4. driveway access connections (number of connections, width of connections, and location of connections); 5. the location of off-street parking, including, for residential properties, garages, including their location in relation to the principle structure; 6. building height per corridor (with recommendations provided for each street corridor in the District); 159 OF 194 Agreement # P0214 Page 24 of 39 7. roof type; 8. roof pitch and eave details; 9. façade composition by use type, including window and door placement; 10. façade materials; 11. building materials; 12. the treatment of accessory structures and the location of these structures in relation to principle structures; 13. porches for residential properties; 14. sidewalks along street frontages, including recommended widths; 15. street sections, including lane widths and the dimension of other features included in the street; 16. for structures used for commercial, office, and multifamily residential use, the location and treatment of accessory/ancillary infrastructure, including, solid waste containers, stormwater management facilities, and utility connections; and, 17. landscaping within or adjacent to public rights-of-way. Grantee shall provide the analysis within a report using narrative text, maps, and section views, and that may also include, plan view renderings, figure grounds, additional graphics, tables, and charts. E. Deliverable 5: Grantee shall provide recommended Revised Zoning Regulations for the Entertainment District. The recommendations shall address the uses/activities allowed for each zoning district and appropriate physical form and development standards for each zoning district. The recommendations shall be provided in a report with the information provided using narrative text, and may also include maps, illustrations, tables, and charts. F. Deliverable 6: Grantee shall present the recommended Urban Design Standards and Revised Zoning Regulations for the Entertainment District to the City Council. 1. Grantee shall present the recommendations produced through Deliverables 4 and 5 to the City Council at a public meeting for purposes of obtaining their feedback and endorsement. 2. Grantee shall make revisions to the recommendations, as requested by the City Council. 3. Grantee shall prepare a copy of the recommendations, as endorsed by the City Council and incorporating revisions, if any, within a single report document. The report document shall present information using narrative text, maps, corridor section views, and where appropriate, plan view renderings, figure grounds, tables, and charts. 4. DEO RESPONSIBILITIES: To receive and review deliverables and, upon approval of deliverables, process payment pursuant to the terms of this Agreement. 5. DELIVERABLES: The specific deliverables, tasks, minimum level of service, due dates, and payment amounts are set forth in the following table: Deliverables and Tasks Minimum Level of Service Payment Amount Not to Exceed Financial Consequences 160 OF 194 Agreement # P0214 Page 25 of 39 Deliverable 1: District Physical Characteristics Analysis Grantee shall prepare and transmit a District Analysis as provided in paragraph 3.A. above. Deliverable due date: February 28, 2017 Completion of Deliverable 1 as evidenced by all submission of all of the following: 1. Map or map series as provided in Deliverable 1, part one above. 2. An existing development analysis as provided in Deliverable 1, part two above. Grantee shall submit copies of all required documentation on paper or electronically in MS Word or PDF format, and all maps on a compact disc in PDF format with ArcGIS compatible shapefiles. $5,000 As provided in paragraph 14 below. Deliverable 2: Regulatory Analysis Grantee shall provide and transmit an analysis of regulatory provisions affecting the physical form of development as provided in paragraph 3.B. above. Deliverable due date: February 28, 2017 Completion of Deliverable 2 as evidenced by submission of all of the following: 1. An analysis examining zoning district regulations and an assessment of how these regulations affect physical development as provided in Deliverable 2 above. Grantee shall submit copies of all required documentation on paper or electronically in MS Word or PDF format, and all maps on a compact disc in PDF format with ArcGIS compatible shapefiles. $5,000 As provided in paragraph 14 below. Deliverable 3: Stakeholder Charrette Grantee shall conduct a stakeholder charrette and prepare and transmit documentation as provided in paragraph 3.C. above. Deliverable due date: Completion of Deliverable 3 as evidenced by submission of all of the following: 1. Summary of findings and draft minutes from the community workshops as provided in Deliverable 3 above. $4,000 As provided in paragraph 14 below. 161 OF 194 Agreement # P0214 Page 26 of 39 May 30, 2017 Grantee shall submit copies of all required documentation on paper or electronically in MS Word or PDF format, and all maps on a compact disc in PDF format with ArcGIS compatible shapefiles. Deliverable 4: Urban Design Standards Grantee shall prepare and transmit recommended Urban Design Standards as provided in paragraph 3.D. above. Deliverable due date: May 30, 2017 Completion of Deliverable 4 as evidenced by submission of all of the following: 1. A report containing the recommended Urban Design Standards as provided in Deliverable 4 above. Grantee shall submit copies of all required documentation on paper or electronically in MS Word or PDF format, and all maps on a compact disc in PDF format with ArcGIS compatible shapefiles. $5,000 As provided in paragraph 14 below. Deliverable 5: Revised Zoning Regulations Grantee shall prepare and transmit a report with revised zoning regulations as provided in paragraph 3.E. above. Deliverable due date: May 30, 2017 Completion of Deliverable 5 as evidenced by submission of all of the following: 1. A report containing revised zoning regulations as provided in Deliverable 5 above. Grantee shall submit copies of all required documentation on paper or electronically in MS Word or PDF format, and all maps on a compact disc in PDF format with ArcGIS compatible shapefiles. $5,000 As provided in paragraph 14 below. 162 OF 194 Agreement # P0214 Page 27 of 39 Deliverable 6: City Council Presentation and Final Report Grantee shall present the recommended urban design standards and revised zoning regulations to the City Council and transmit revised urban design and zoning standards as provided in paragraph 3.F above. Deliverable due date: May 30, 2017 Completion of Deliverable 6 as evidenced by submission of all of the following: 1. A single report combining the recommended urban design standards and zoning regulations and City Council requested revisions as provided in Deliverable 6 above. Grantee shall submit copies of all required documentation on paper or electronically in MS Word or PDF format, and all maps on a compact disc in PDF format with ArcGIS compatible shapefiles. $1,000 As provided in paragraph 14 below. Total Payment Amount Not to Exceed: $25,000 6. COST SHIFTING: The deliverable amounts specified within the Deliverables section above are established based on the Parties’ estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DEO’s ability to approve and reimburse allowable costs, incurred by Grantee in providing the deliverables herein. Prior written approval from DEO’s Agreement Manager is required for changes to the above Deliverable amounts that do not exceed ten (10) percent of each deliverable total funding amount. Changes that exceed ten (10) percent of each deliverable total funding amount will require a formal written amendment, as described in Section II.A., of the Agreement. Regardless, in no event shall DEO reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL AND PAYMENT SCHEDULE: DEO agrees to disburse funds under this Agreement in accordance with the following schedule in the amount(s) identified per deliverable in paragraph 5 above. The deliverable amount specified does not establish the value of the deliverable. In accordance with Section I.F.11, Funding Requirements of section 215.971, F.S., of this Agreement, Grantee’s entitlement to retain funds paid by DEO is dependent upon the amount of allowable costs incurred and expended by Grantee in carrying out the Project. Subject to the terms and conditions of this Agreement, invoices for each deliverable shall be submitted to DEO’s Agreement Manager by U. S. Mail or by electronic mail either (a) with a deliverable, or (b) no later than seven (7) calendar days after written notice to Grantee that DEO has accepted the deliverable. Invoices are not required to be submitted through the Ariba Supplier Network described in Section I.G.2. of this Agreement. Invoices shall be submitted in the format shown on Attachment 1-A hereto, an electronic copy of which shall be provided by DEO to the Grantee. 163 OF 194 Agreement # P0214 Page 28 of 39 Grantee shall provide one (1) invoice for each deliverable submitted during the applicable period of time. The invoice shall include, at a minimum, Grantee name and address, federal employer identification number, the Agreement number, invoice number, date of invoice, dates of services, deliverable number, description of task and amount being requested (See Attachment 1-A). The following documents shall be submitted with the itemized invoice: A. For Tasks Performed by a Subcontractor: 1. A cover letter signed by the Grantee’s Agreement Manager certifying that the payments claimed for the deliverables were specifically for the project, as described in this Scope of Work; 2. Copies of invoices submitted to Grantee by the Subcontractor; and, 3. Proof of payment of invoices from the Subcontractor to Grantee for tasks performed pursuant to this Agreement (e.g., cancelled checks, bank statement showing deduction). B. For Tasks Performed by Grantee’s Employees: 1. A cover letter signed by the Grantee’s Agreement Manager certifying that the payments claimed for the deliverables were specifically for the project, as described in this Scope of Work. 2. Identification of Grantee’s employees who performed tasks under this Agreement and, for each such employee: a. The percentage of the employee’s time devoted to tasks under this Agreement or the number of total hours each employee devoted to tasks under this Agreement. b. Payroll register or similar documentation that shows the employee’s gross salary, fringe benefits, other deductions, and net pay. c. If the employee is paid hourly, a document reflecting the hours worked times the rate of pay is acceptable. 3. Invoices or receipts for other direct costs. 4. Usage log for in-house charges (e.g., postage, copies, etc.) that shows the number of units times the rate charged. The rate must be reasonable. 8. SUBCONTRACTS. In accordance with Section I.N.1., and subject to the terms and conditions in Sections I.N.2. through 7 of this Agreement, this paragraph constitutes DEO’s written approval for Grantee to subcontract for any of the deliverables and/or tasks identified in the Scope of Work for this Agreement. A copy of the executed subcontract shall be provided to DEO’s Agreement Manager upon execution by the Parties. Grantee shall be solely liable for all work performed and all expenses incurred as a result of any such subcontract. 9. BUSINESS DAY; COMPUTATION OF TIME. For the purpose of this Agreement, a “business day” is any day that is not a Saturday, Sunday, or a state or federal legal holiday. In computing any time period provided in this Agreement, the date from which the time period runs is not counted. The last day of the time period ends at 5:00 p.m. on that day. 10. PRELIMINARY DRAFT DELIVERABLES; DEO REVIEW AND COMMENT. Unless otherwise required under paragraphs 3 or 5 above, Grantee is encouraged, but not required, to submit preliminary drafts of all substantive written deliverables (e.g., proposed plan amendments, reports) to DEO for review and comment no later than ten (10) calendar days before the deliverable due date. If DEO provides comments, Grantee is urged to address them in the deliverable submitted to DEO for payment. If submission of a preliminary draft deliverable is required under paragraphs 3 or 5 above, DEO shall 164 OF 194 Agreement # P0214 Page 29 of 39 provide comments to the Grantee no later than four calendar days before the deliverable due date. Grantee shall address DEO’s comments in the deliverable submitted to DEO for payment. 11. LIMITED COMPLIANCE REVIEW; DUPLICATION OF WRITTEN MATERIAL. Proposed comprehensive plan amendments that are deliverables under the Scope of Work must be “in compliance” as defined in section 163.3184(1)(b), F.S., and will be evaluated for compliance as part of DEO’s review and determination of whether the deliverable is sufficient to satisfy the requirements in the Scope of Work. DEO’s compliance determination will be a limited determination without input from the reviewing agencies identified in section 163.3184(1)(c), F.S. A limited compliance determination for the purpose of this Agreement is not binding on DEO in a subsequent review under section 163.3184, F.S. Further, a limited compliance determination under this Agreement does not preclude review and comment by review agencies and does not preclude a challenge to the adopted plan amendment by DEO based on comments by DEO or other review agencies. Documents submitted to DEO for payment under this Agreement may not copy or duplicate reports or other written material previously prepared or prepared by another author. At the option of the Grantee, copies of relevant documents may be appended to documents submitted to DEO for payment. 12. EXTENSIONS OF TIME OF DELIVERABLE DUE DATES. Notwithstanding section II.A of this Agreement, DEO’s Agreement Manager, in DEO’s sole discretion, may authorize extensions of deliverable due dates without a written modification of this Agreement. Extensions shall be in accordance with the following: A. Requests for extension of one or more deliverable due dates shall be submitted in writing (which may be by electronic mail) to DEO’s Agreement Manager no later than four (4) business days before the due date (or the earliest of multiple due dates for which the extension is requested); B. A request for extension must state the reason for the extension; and C. DEO’s Agreement Manager shall approve or deny a request for extension of a deliverable due date by electronic mail to Grantee’s Agreement Manager within two (2) business days after receipt of the request. Only written approvals of extensions shall be effective. This authority does not apply to an extension of the Agreement Period defined in Section I.C. of this Agreement. 13. REVIEW AND ACCEPTANCE OF DELIVERABLES. Deliverables shall be reviewed by DEO for sufficiency under this Agreement. Written notice of DEO’s determination that the deliverable is sufficient or is not sufficient under this Agreement shall be provided to Grantee’s Agreement Manager by U. S. Mail or electronic mail no later than fifteen (15) business days after receipt of the deliverable. For deliverables that DEO determines are insufficient, see paragraph 14.b. below. 14. FINANCIAL CONSEQUENCES. Pursuant to Section 1.E.8. of this Agreement, the following financial consequences shall be imposed for Grantee’s failure to perform in accordance with this Agreement: A. Late Deliverables: If a deliverable as described in the above Scope of Work is provided to DEO more than five (5) business days late, a financial consequence of $50 per business day, up to a maximum of $500, shall be assessed until the deliverable is received by DEO. The financial consequence for a late deliverable is independent of, and does not preclude imposition of, a financial consequence if the deliverable is not sufficient to satisfy the requirements in the Scope of Work. B. Insufficient Deliverable; Notice; Opportunity to Cure: 165 OF 194 Agreement # P0214 Page 30 of 39 1. If DEO reasonably determines that a deliverable described in this Scope of Work is not sufficient to satisfy the requirements in the Scope of Work, DEO shall provide notice of insufficiency and an opportunity to cure to Grantee’s Agreement Manager in accordance with Section II.L. of this Agreement. Grantee shall have ten (10) business days from receipt of DEO’s notice to provide a corrected deliverable that addresses the issues raised in the notice of insufficiency. DEO may extend this timeframe in writing one time for a period not to exceed ten (10) business days if Grantee is actively working with DEO to resolve the insufficiency; provided, however, that any extension of time under this paragraph will not extend the Agreement Period in section I.C. of this Agreement. An extension of time under this paragraph does not require an amendment to this Agreement. If Grantee does not submit to DEO a corrected deliverable within the period available to cure the deficiency, a financial consequence of $50 per business day, up to a maximum of $500, shall be assessed for each business day until the corrected deliverable is received by DEO. 2. If DEO reasonably determines that a corrected deliverable is not sufficient to satisfy the requirements in this Scope of Work, it shall provide notice to Grantee’s Agreement Manager. Grantee shall not receive a second opportunity to cure. Beginning on the date of DEO’s notice to Grantee that the corrected deliverable is not sufficient to satisfy the requirements in the Scope of Work, a financial consequence of $50 per business day, up to a maximum of $500, shall be assessed for each business day until a sufficient deliverable is received by DEO. Each deliverable must be deemed sufficient under the Scope of Work in DEO’s reasonable judgment before the end of the Agreement Period in order for payment of an invoice for the deliverable to be made. C. Imposition of the above described financial consequences shall in no manner affect DEO’s right to terminate the Agreement as provided elsewhere in the Agreement. D. Failure to complete a deliverable will result in nonpayment for that deliverable. 15. NO PARTIAL OR PRO-RATED PAYMENTS. No partial or pro-rated payments will be made without prior written modification in accordance with Section II.A. of this Agreement. 16. ADVERTISING AND INFORMATION RELEASE. Notwithstanding Sections I.F.6. and I.F.10. of this Agreement, Grantee is authorized to disclose to the public on its website or by other means that it has been awarded a technical assistance grant from DEO for the work described in this Scope of Work. 17. NOTIFICATION OF INSTANCES OF FRAUD. Instances of Grantee operational fraud or criminal activities shall be reported to DEO’s Agreement Manager in writing within twenty-four (24) chronological hours. 18. NON-DISCRIMINATION. Grantee shall not discriminate unlawfully against any individual employed in the performance of this Agreement because of race, religion, color, sex, physical handicap unrelated to such person’s ability to engage in this work, national origin, ancestry, or age. Grantee shall provide a harassment-free workplace, with any allegation of harassment to be given priority attention and action. 19. GRANTEE’S RESPONSIBILITIES UPON TERMINATION. If DEO issues a Notice of Termination to Grantee, except as otherwise specified by DEO in that notice, the Grantee shall: a. Stop work under this Agreement on the date and to the extent specified in the notice, 166 OF 194 Agreement # P0214 Page 31 of 39 b. Complete performance of such part of the work as shall not have been terminated by DEO, c. Take such action as may be necessary, or as DEO may specify, to protect and preserve any property which is in the possession of Grantee and in which DEO has or may acquire an interest, and d. Upon the effective date of termination of this Agreement, Grantee shall transfer, assign, and make available to the DEO all property and materials belonging to DEO. No extra compensation will be paid to Grantee for its services in connection with such transfer or assignment. 20. CONFLICTS BETWEEN SCOPE OF WORK AND REMAINDER OF AGREEMENT. In the event of a conflict between the provisions of this Scope of Work and other provisions of this Agreement, the provisions of this Scope of Work shall govern. - Remainder of Page Intentionally Left Blank – 167 OF 194 Agreement # P0214 Page 32 of 39 Attachment 1-A INVOICE INVOICE NO.: Click here to enter text. INVOICE DATE: Click here to enter text. REMIT TO: GRANTEE NAME ADDRESS CITY, STATE, ZIP PHONE FEID NO. GRANT NO. SERVICE PERIOD FROM TO DELIVERABLE NO. DESCRIPTION AMOUNT COMPLETED - Deliverable Title: $_______ Category Expenditures: Contractual Services TOTAL $_______ 168 OF 194 Agreement # P0214 Page 33 of 39 Attachment 1-B FLAIR Contract ID: Recipient Name:Contract Amount $0.00 Vendor ID:Deobligated Funds $0.00 Contract End Date:Final Contract Amount $0.00 Section A: Financial Reconciliation $0.00 $0.00 3. Balance of Unexpended Program Income (from Section B)$0.00 4. If negative, this amount must be refunded to the Department. If positive, this amount is to be remitted to the Recipient.$0.00 Cost Date Name:Signature: Title:Date Signed: Name:Signature: Title:Date Signed: Date Updated: September 29, 2015 Section E: DEO Internal Review and Approval - - Description and Serial Number Quantity $0.00 - - - Total Program Income $0.00 $0.00 By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income and Property Inventory are true and accurate. By signing below, I certify, that the above representations for Financial Reconciliation, Recipient Income, and Property Inventory are true and accurate. Section C: Property Inventory Certification Section D: Recipient Certification Section B: Statement of Recipient Income No tangible property was purchased in the contract period. All non-expendable and non-consumable tangible property having a useful life of more than one year and acquired at a cost of $1,000 or more per unit with grant funds are listed below. I do hereby certify that the property inventory described below is complete and correct. Notification will be sent immediately to the Department of Economic Opportunity if any changes occur to this inventory. I will not destroy, sell, or otherwise dispose of this property without written permission of the Department. Condition Description of Property Inventory Acquisitions Location Grant Agreement Final Closeout Form Source Amount Description of Recipient Income Balance There was no recipient income earned under this contract. The following recipient income was earned under this contract. 1. Total Recipient Funds Received from DEO 2. Total Recipient Expenditures Expended 169 OF 194 Agreement # P0214 Page 34 of 39 Attachment 2 AUDIT REQUIREMENTS The administration of resources awarded by DEO to the recipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see “AUDITS” below), monitoring procedures may include, but not be limited to, on-site visits by DEO staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by DEO staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 ($500,000 for fiscal years ending after December 31, 2003) or more in Federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through DEO by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from DEO. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the recipient resources obtained from other than Federal entities). 170 OF 194 Agreement # P0214 Page 35 of 39 4. Title 2 C.F.R. part 200, entitled Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, also known as the Super Circular, supersedes and consolidates the requirements of OMB Circulars A-21, A-87, A-110, A-122, A-89, A-102 and A-133 and is effective for Federal awards or increments of awards issued on or after December 26, 2014. Please refer to title 2 C.F.R. part 200 for revised definitions, reporting requirements and auditing thresholds referenced in this Attachment and Agreement accordingly. PART II: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004 or thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statues, the cost of the audit must be paid from the nonstate entity’s resources (i.e., the cost of such an audit must be paid from the recipient’s resources obtained from other than State entities). 4. Additional information regarding the Florida Single Audit Act can be found at: http://www.myflorida.com/audgen/pages/flsaa.htm PART III: OTHER AUDIT REQUIREMENTS N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Part I of this agreement shall be submitted, when required by Section 171 OF 194 Agreement # P0214 Page 36 of 39 .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. DEO at each of the following addresses: Electronic copies (preferred): Audit@deo.myflorida.com or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to DEO at each of the following addresses: Electronic copies (preferred): Audit@deo.myflorida.com or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. DEO at each of the following addresses: Electronic copies (preferred): Audit@deo.myflorida.com 172 OF 194 Agreement # P0214 Page 37 of 39 or Paper (hard copy): Department Economic Opportunity MSC # 130, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 B. The Auditor General’s Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399-1450 Email Address: flaudgen_localgovt@aud.state.fl.us 4. Copies of reports or the management letter required by Part III of this agreement shall be submitted by or on behalf of the recipient directly to: A. DEO at each of the following addresses: N/A 5. Any reports, management letter, or other information required to be submitted to DEO pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to DEO for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five (5) years from the date the audit report is issued, or five (5) state fiscal years after all reporting requirements are satisfied and final payments have been received, whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to DEO, or its designee, CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by DEO. In addition, if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the controlling period as identified above, whichever is longer. 173 OF 194 Agreement # P0214 Page 38 of 39 EXHIBIT 1 to Attachment 2 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: N/A COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N/A STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: N/A SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: DEPARTMENT OF ECONOMIC OPPORTUNITY – CSFA 40.024 – GROWTH MANAGEMENT IMPLEMENTATION - $25,000 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Activities are limited to those specified in Attachment 1, Scope of Work, of the Agreement. NOTE: Title 2 C.F.R. § 200.331, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. - Remainder of Page Intentionally Left Blank - 174 OF 194 Agreement # P0214 Page 39 of 39 ATTACHMENT 3 Audit Compliance Certification Grantee Name: ______________________________________________________________________ FEIN: ____________________ Grantee’s Fiscal Year: ________________________________ Contact Person Name and Phone Number: __________________________________________________ Contact Person Email Address: ____________________________________________________________ 1. Did Grantee expend state financial assistance, during its fiscal year, that it received under any agreement (e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Grantee and the Department of Economic Opportunity (DEO)? ____Yes _____ No If the above answer is yes, also answer the following before proceeding to item 2: Did Grantee expend $500,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? _____ Yes ______ No If yes, Grantee certifies that it will timely comply with all applicable state single or project-specific audit requirements of section 215.97, Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Grantee expend federal awards, during its fiscal year that it received under any agreement (e.g., agreement, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Grantee and DEO? ____Yes _____ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did Grantee expend $750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? _____ Yes ______ No If yes, Grantee certifies that it will timely comply with all applicable single or program-specific audit requirements of 2 C.F.R. part 200, subpart F, as revised. _____________________________________________________________________________________ By signing below, I certify, on behalf of Grantee, that the above representations for items 1 and 2 are true and correct. __________________________________________ ______________________________ Signature of Authorized Representative Date ____________________________________________ _______________________________ Printed Name of Authorized Representative Title of Authorized Representative 175 OF 194 18605 NW 27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 11, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #) X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: City Manager, Cameron D. Benson Department: City Manager’s Office Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY SUNBEAM REALTY, LLC FOR THE REZONING OF PROPERTY LOCATED AT 502 N.W. 207TH STREET, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM AU – AGRICULTURAL AND UTILITIES DISTRICT TO R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The applicant, 199 Sunbeam Realty, LLC, seeks to rezone the subject parcel, located at 502 NW 207th Street, Folio Number (FN) 34-1136-000-0030 in order to develop a multi-family residential development to include both garden apartments and townhouse units. The lot is approximately 36.99 net acres of land or 1, 611,284.4 Square Feet. Agenda Item M-1 Sunbeam Rezoning 176 OF 194 Current Situation The site is currently vacant and unimproved land zoned as AU, Agricultural and Utilities. Surrounding properties to the north, south and east are zoned R-1, Single Family Dwelling Residential; to the west the area is zoned R-50, Multiple Family Dwelling Residential. Multiple family uses are not permitted under the current AU, Agricultural and Utilities zoning district as per Sec. 34-287, Use Regulations, Generally-Table 1: Permitted Uses List of the Land Development Regulations (LDRs). In order to facilitate residential development consistent with the surrounding properties the applicant is requesting a rezoning from AU, Agricultural and Utilities to R-25, Multiple- Family Dwelling Residential. Table 1: Permitted Uses Zoning Districts/Uses R-1 R-2 R-15, R-25, R-50 NC PCD EO OF I-1 I-2 PD AU GP Residential Type Uses Residential—multifamily residential* □ □ P □ SE □ □ □ □ P □ □ Residential—single-family-detached residential* P P P □ □ □ □ □ □ P □ □ Residential—townhouse* □ □ P □ □ □ □ □ □ P □ □ Analysis The proposed rezoning of the subject property from AU, Agricultural and Utilities to R-25, Multiple Family is consistent with the policies and objectives of the City of Miami Gardens’ Comprehensive Development Master Plan (CMDP), and satisfies the criteria for granting of amendments or adoption of changes to the text of the LDRs or change of the official zoning map designation of a parcel or parcels. Proposed Action: It is recommended the City Council adopt this Ordinance rezoning the subject property from AU, Agricultural and Utilities to R-25, Multiple-Family Dwelling Residential. Attachments: Exhibit “A”- Survey and Legal Description 177 OF 194 Exhibit “B”- Staff Recommendation 178 OF 194 1 ORDINANCE NO. 2017_____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 1 GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED 2 BY SUNBEAM REALTY, LLC FOR THE REZONING OF PROPERTY 3 LOCATED AT 502 N.W. 207TH STREET, MIAMI GARDENS, FLORIDA, 4 MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED 5 HERETO, FROM AU – AGRICULTURAL AND UTILITIES DISTRICT TO 6 R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR 7 ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES 8 IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; 9 PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 10 WHEREAS, Sunbeam Realty, LLC (“Applicant”) is the owner of that 11 certain properly located at comprised of 36.99 acres, more particularly described 12 in Exhibit “A” attached, and 13 WHEREAS, the current zoning of the property is AU – Agricultural and 14 Utilities District (“AU”), and 15 WHEREAS, the property is currently unimproved and the Applicant 16 proposes to develop a multi-family residential development to include garden 17 apartments and townhouse units, and 18 WHEREAS, Multiple family uses are not permitted in the AU District, and 19 WHEREAS, in order to facilitate the proposed redevelopment of the site, the 20 property must be rezoned to R-25 Multiple Family Dwelling Residential, and 21 WHEREAS, the City’s Planning and Zoning Staff has made a determination 22 that the proposed rezoning of the subject property is consistent with the policies 23 and objectives of the City of Miami Gardens’ Comprehensive Development Master 24 Plan (CMDP), and 25 179 OF 194 2 WHEREAS, the City Council has considered the testimony of the 1 Applicant if any, and 2 WHEREAS, the City Council also considered that testimony of the City’s 3 Planning and Zoning staff and the staff report attached hereto as Exhibit “B” and 4 incorporated in by reference, 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 6 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 7 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 8 Whereas paragraphs are hereby ratified and confirmed as being true, and the same 9 are hereby made a specific part of this Ordinance. 10 Section 2. APPROVAL: The City Council of the City of Miami Gardens, 11 Florida hereby approves the rezoning of that certain property located at 502 N.W. 12 207th Street, Miami Gardens, Florida, more particularly described on exhibit “A”, 13 attached hereto, from AU – Agricultural and Utilities District to R-25 multiple 14 Family Dwelling Residential. 15 Section 3. CONFLICT: All ordinances or Code provisions in conflict 16 herewith are hereby repealed. 17 Section 4. SEVERABILITY: If any section, subsection, sentence, 18 clause, phrase or portion of this Ordinance is for any reason held invalid or 19 unconstitutional by any court of competent jurisdiction, such portion shall be 20 deemed a separate, distinct and independent provision and such holding shall 21 not affect the validity of the remaining portions of this Ordinance. 22 180 OF 194 3 Section 5. INCLUSION IN CODE: It is the intention of the City 1 Council of the City of Miami Gardens that the provisions of this Ordinance shall 2 become and be made a part of the Code of Ordinances of the City of Miami 3 Gardens and that the section of this Ordinance may be renumbered or relettered 4 and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 5 such other appropriate word or phrase, the use of which shall accomplish the 6 intentions herein expressed. 7 Section 6. EFFECTIVE DATE: This Ordinance shall become effective 8 immediately upon its final passage. 9 PASSED ON FIRST READING ON THE _____ DAY OF __________, 10 2017. 11 PASSED ON SECOND READING ON THE ____ DAY OF _________, 12 2017. 13 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 14 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 15 ______________, 2017. 16 17 ________________________________ 18 OLIVER GILBERT, III, MAYOR 19 20 ATTEST: 21 22 23 _________________________________ 24 RONETTA TAYLOR, MMC, CITY CLERK 25 26 27 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 28 29 181 OF 194 4 1 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 2 3 4 Moved by: __________________ 5 Second by: _________________ 6 7 VOTE: _________ 8 9 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 10 Vice Mayor Erhabor Ighodaro ____ (Yes) ____ (No) 11 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 12 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 13 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 14 Councilman Rodney Harris ____ (Yes) ____ (No) 15 Councilman David Williams Jr. ____ (Yes) ____ (No) 16 182 OF 194 Exhibit “A”- Survey and Legal Description 183 OF 194 184 OF 194 185 OF 194 PZ-2016-001419 Sunbeam Realty LLC Vista Lago Project Rezoning from AU to R-25 Exhibit “B”- Staff Recommendation 186 OF 194 STAFF RECOMMENDATION PZ-2016-001419 APPLICATION INFORMATION Applicant: 199 Sunbeam Realty, LLC Property Location: 502 NW 207th Street Property Size: 36.99 Acres or 1,611,284.4 sq.ft. Future Land Use: Neighborhood Existing Zoning: AU, Agricultural and Utilities Requested Action(s): 1. Rezone to R-25, Multiple Family Dwelling Residential RECOMMENDATION: Staff recommends granting the rezoning from AU, Agricultural and Utilities to R-25, Multiple Family Dwelling Residential on the property generally located at 502 NW 207th Street. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Subject Site Neighborhood AU, Agricultural and Utilities Vacant North Neighborhood R-1, Single Family Dwelling Residential Residential South Neighborhood R-1, Single Family Dwelling Residential Residential East Neighborhood R-1, Single Family Dwelling Residential Residential West Neighborhood R-50, Multiple Family Dwelling Residential Residential 187 OF 194 Project Summary/Background The property is currently vacant and zoned for AU, Agricultural and Utilities. The applicant is requesting a rezoning to R-25, Multiple Family Dwelling Residential in order to develop a multi- family project with garden style apartments and townhouse units. The existing AU, Agricultural and Utilities zoning district does not permit residential development such as garden style apartments or townhouse units per Sec. 34-287, Use Regulations, Generally-Table 1: Permitted Uses List of the Land Development Regulations (LDRs). Table 1: Permitted Uses Zoning Districts/Uses R-1 R-2 R-15, R-25, R-50 NC PCD EO OF I-1 I-2 PD AU GP Residential Type Uses Residential—multifamily residential* □ □ P □ SE □ □ □ □ P □ □ Residential—single-family-detached residential* P P P □ □ □ □ □ □ P □ □ Residential—townhouse* □ □ P □ □ □ □ □ □ P □ □ A rezoning is being proposed to R-25, Multiple Family Dwelling Residential in order to provide for use and occupancy of single family and multiple family dwellings at medium densities up to 25 dwelling units per acre range, in addition to essential services and facilities and select public and institutional uses. Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP) The subject parcel is designated “Neighborhood” on the Land Use Map of the Future Land Use Element of the Comprehensive Development Master Plan (CDMP). As outlined in Objective 1.2 of the CDMP, the Neighborhood land use designation applies to areas intended for low, medium and high density residential development with supporting suburban commercial and office uses. Policy 2.1.2 of the Future Land Use Element indicates that performance standards for medium density residential uses up to 25 units per acre shall be established as follows: • Medium Density Residential are permitted in the Neighborhood land use designations. 188 OF 194 Staff comment: The site is located within the Neighborhood Land Use Designation. • Medium Density Residential should be accessible to major roadways categorized as Collectors or higher. Staff Comment: The site is accessible via existing roadways including NW 2nd Avenue which is classified as a Principal Arterial. • Medium Density Residential should be a maximum of 25 dwelling units per gross acre. Staff comment: The proposed residential development will comply with a density of less than 25 dwelling units per gross acre. • Allowable housing types within Medium Density Residential include townhouses and apartments with surrounding open space. Staff comment: The proposed residential development consist of townhouses and garden style apartments, along with the addition of a roughly 3-acre park and walking trail to provide for increased open space in the surrounding area. • Medium Density Residential development often serves as a transitional land use between Low Density Residential and other more intensive uses. Staff Comment: The site serves as a transition between the existing R-50 Multiple Family use and the existing R-1 Single Family use. • Medium Density Residential generally consists of 3-4 stories. Staff Comment: The proposed development with meet the development standards in terms of maximum height/stories. • Adequate separation and buffer treatment shall be provided to protect adjacent single- family residential uses. Staff Comment: The site will be separated from adjacent low-density residential areas by right-of-way, building setbacks and landscape buffer treatments. Conclusion: The rezoning request is generally consistent with the policies of the City’s Comprehensive Development Master Plan and the performance standards as outlined for Medium Density Residential development. 189 OF 194 Anticipated Facilities Impact Public Water: Central water appears to be available to this site, and connection shall be required. Wastewater Disposal: Connection to the public sanitary sewer system is required, unless adequate capacity in this system is not available, in which case an alternative means of sewage disposal may be provided. Drainage/Water Management: All stormwater runoff must be retained on site utilizing a properly designed system. Traffic Circulation: A Traffic Analysis will be submitted and reviewed at the time of Site Plan submission to determine the impacts on the Level of Service of roadways in the area. The applicant is proposing the addition of a third entrance at 7th Avenue along with construction of a new road to the North. Education: The City is committed to supporting the Miami Dade County School District’s programs to improve Miami Gardens’ schools. All residential projects shall fully comply with the District’s facility requirements including but not limited to the payment of education impact fees and any additional school facility mitigation fees. This recommendation to approve the Applicant’s rezoning request does not constitute a final development order. Concurrency determinations are not finalized during the zoning approval process; one or more concurrency determinations will subsequently be required. Recreation and Open Space: A roughly 3-acre park and walking trail is proposed to provide for additional recreation and open space for residents in the surrounding area. Zoning Review and Analysis The City Council may grant the rezoning of properties, subject to meeting the criteria set forth in Section 34-49(f) of the City’s Land Development Regulations: (f) Criteria for granting of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels. The detriments or benefits of amendments or adoption of changes to the text of the LDRs, or change of the official zoning map designation of a parcel or parcels shall not be denied consideration on the grounds that they are indirect, intangible or not readily quantifiable. In evaluating the application, among other factors related to the general welfare, the following shall be considered: (1) The development permitted by the application, if granted, conforms to the city's comprehensive development master plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered; 190 OF 194 (2) The development permitted by the application, if granted, will have a favorable or unfavorable impact on the environmental and natural resources of the city, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human environment; and whether any irreversible or irretrievable commitment of natural resources will occur; (3) The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the city; (4) The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction; (5) The development permitted by the application, if granted, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways. Findings of the request pursuant to the rezoning criteria set forth above are as follows: 1. The rezoning request is generally consistent with the policies, goals and objectives of the CDMP while maintaining the basic intent and purpose of the Zoning Code. 2. The rezoning will not affect natural resources in the City and does not impact negatively the stability and character of the area. 3. The rezoning of this property will allow the Applicant to build a multiple family residential development with garden style apartments and townhouse units. The proposed residential development will account for no more than 25 units per acre, which is within the allowable density permitted in the R-25, Multiple Family Dwelling Residential zoning district. 4. The rezoning will not unduly impact water, sewer, drainage, education or recreational facilities. 5. The site is accessible by existing roads and the addition of a third entrance at 7th Avenue is proposed along with construction of a new road to the North. Any additional impacts to transportation facilities, streets or highways will be assessed via a Traffic Impact Analysis and mitigated as appropriate during subsequent site plan review phases in order to safeguard the surrounding community. Conclusion: The proposed rezoning to R-25, Multiple Family Dwelling Residential is generally consistent with the policies, goals and objectives of the City’s Comprehensive Development Master Plan (CDMP), and satisfies Section 34-49(f) of the City’s Land Development Regulations (LDRs), which establishes the criteria for granting of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels. 191 OF 194 Attachments: Attachment “A” - Hearing Area Map Attachment “B” - Hearing Area Zoning Map 192 OF 194 Attachment “A” - Hearing Area Map Subject Property HEARING AREA MAP: Subject Property: 502 NW 207th STREET FN 34-1136-000-0030 193 OF 194 Attachment “B” – Hearing Area Zoning Map Subject Property HEARING AREA ZONING MAP: Subject Property: 502 NW 207th STREET FN 34-1136-000-0030 R50 AU R-10 R-1 R-1 194 OF 194