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HomeMy WebLinkAbout05.10.2017 City Council AgendaMay 10, 2017, City Council Agenda Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: May 10, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: May 24, 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) LPA (Local Planning Agency) Minutes – April 26, 2017 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilwoman Lisa C. Davis - Denim Day “No Excuse: A promise to take action against sexual violence” (G) PUBLIC COMMENTS 1of 167 May 10, 2017, City Council Agenda Page 2 (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S BUDGET FOR THE 2016-2017 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) RESOLUTION(S)/PUBLIC HEARING(S) J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE STORMWATER MANAGEMENT UTILITY PROGRAM FEE SCHEDULE TO RAISE THE ERU FEE FROM FOUR DOLLARS ($4.00) TO SIX DOLLARS ($6.00); ELECTING TO CONTINUE TO USE THE UNIFORM METHOD OF COLLECTING NON-AD VALOREM ASSESSMENTS FOR STORMWATER USER FEES PURSUANT TO CHAPTER 197, FLORIDA STATUTES; STATING THE NEED FOR SUCH LEVY; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PROPERTY APPRAISER FOR THIS PURPOSE; AUTHORIZING THE CITY MANAGER TO RETAIN A CONSULTANT FOR THIS PURPOSE; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) PER YEAR FOR (5) FIVE YEARS FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LILLIE Q. ODOM) 2of 167 May 10, 2017, City Council Agenda Page 3 K-2) 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 TO RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE TOWNS OF LANTANA AND MANGONIA PARK FOR THE FLORIDA GREEN FINANCE AUTHORITY, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 3 ATTACHMENTS K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KRONOS, INC., FOR THE PURCHASE OF WORKFORCE READY SOFTWARE BY RELYING UPON RFP NUMBER 14-JLR-003 ISSUED BY THE HARFORD COUNTY PUBLIC SCHOOLS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF FIFTY-SEVEN THOUSAND SEVENTY-FIVE DOLLARS AND TWENTY CENTS ($57,075.20), TO AIP US, LLC. FOR NETWORK SECURITY AND SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL NUMBER 15-16-048, SCOTT PARK AND A.J. KING PARK, STEP TWO, TO MBR CONSTRUCTION, INC.; AUTHORIZING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S) None QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE: 3of 167 May 10, 2017, City Council Agenda Page 4 (M) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): None (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (O) RESOLUTION(S)/PUBLIC HEARING(S) (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (S) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4of 167 18605 NW 27 Ave Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 10, 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: (Enter X in box) Yes No 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)N/A Sponsor Name Cameron Benson, City Manager Department: City Manager Finance Short Title: AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S BUDGET FOR THE 2016-2017 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENT; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN ADDITIONAL READING IN ACCORDANCE WITH THE CITY’S CHARTER; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: During the Fiscal Year 2017, additional service has been identified that was not included in the original adopted budget. This service is to provide weekend trolley services to the citizens. The service began on November 12, 2016. This additional cost will be funded from the CITT transit fund balance. The impact for FY 2017 is approximately $160,000. As of September 30, 2016, the CITT transit fund balance is $883,820.78. Proposed Action: Staff recommends Council to adopt the Budget Ordinance Attachment: Budget Ordinance Agenda Item H-1 FY 2-16-17 Budget Amendment 5of 167 Page 1 of 3 Revised FY 16-17 Budget Ordinance ORDINANCE NO. 2017_____ 1 2 AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, 3 AMENDING THE CITY’S BUDGET FOR THE 2016-2017 FISCAL 4 YEAR; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN 5 ACTIONS; PROVIDING FOR ADOPTION OF 6 REPRESENTATIONS; REPEALING ALL ORDINANCES IN 7 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 8 FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, in accordance with Section 4.5 of the City of Miami Gardens 11 Charter, the City Council adopted a Budget for Fiscal Year 2016-2017, and 12 WHEREAS, it is appropriate to provide for certain transfers, appropriations 13 and authorizations based upon previous and anticipated expenditures and 14 revenues, 15 WHEREAS, the City Council has determined that it is necessary to amend 16 the budget to reflect these changes, 17 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE 18 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 19 20 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing 21 Whereas Clauses are hereby ratified and confirmed as being true, and the same 22 are hereby made a specific part of this Ordinance. 23 SECTION 2. AMENDMENT TO BUDGET: 24 The following amounts are hereby appropriated from fund balance for the 25 following funds, said monies appropriated will be part of the adopted annual 26 operating budget for the fiscal year beginning October 1, 2016, and ending 27 September 30, 2017: 28 29 30 6of 167 Page 2 of 3 Revised FY 16-17 Budget Ordinance 1 2 3 4 SECTION 3. INSTRUCTIONS TO THE CITY MANAGER: The City 5 Manager shall take all actions necessary to implement the terms and conditions 6 of this ordinance. 7 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict 8 herewith are hereby repealed. 9 SECTION 5. SEVERABILITY: If any section, subsection, sentence, clause, 10 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional 11 by any court of competent jurisdiction, such portion shall be deemed a separate, 12 distinct and independent provision and such holding shall not affect the validity of 13 the remaining portions of this Ordinance. 14 SECTION 6. EFFECTIVE DATE: This ordinance shall take effect 15 immediately upon its passage. 16 17 PASSED on first reading this _____ day of _____ 2017 18 19 PASSED AND ADOPTED on second reading this___ day of __________, 2017. 20 21 22 23 ____________________________ 24 Oliver Gilbert III, MAYOR 25 26 ATTEST: 27 28 29 ____________________________ 30 RONETTA TAYLOR, CMC, CITY CLERK 31 32 Reviewed by SONJA K. DICKENS, ESQ. 33 City Attorney 34 Purpose Amount Account No.Fund Source Fund Trolley Weekend Services $160,00010-41-06-541-340-00 CITT Transit Fund Balance 10-00-00-389-903-00 Transportation Fund 7of 167 Page 3 of 3 Revised FY 16-17 Budget Ordinance 1 SPONSORED BY: Cameron D. Benson, City Manager 2 3 MOVED BY:_________________________ 4 5 SECONDED BY::___________________________ 6 7 8 VOTE: 9 10 Mayor Oliver Gilbert III (Yes) (No) 11 Vice Mayor Erhabor Ighodaro (Yes) (No) 12 Councilwoman Felicia Robinson (Yes) (No) 13 Councilwoman Lillie Odom (Yes) (No) 14 Councilwoman Lisa Davis (Yes) (No) 15 Councilman David Williams Jr. (Yes) (No) 16 Councilman Rodney Harris (Yes) (No) 17 18 19 20 8of 167 18605 NW 27 Ave., Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 10, 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 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 thespecific objective/strategy this item will address)N/A X Sponsor Name Cameron Benson, City Manager Department: City Manager City Manager’ s Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE STORMWATER MANAGEMENT UTILITY PROGRAM FEE SCHEDULE TO RAISE THE ERU FEE FROM FOUR DOLLARS ($4.00) TO SIX DOLLARS ($6.00); ELECTING TO CONTINUE TO USE THE UNIFORM METHOD OF COLLECTING NON- AD VALOREM ASSESSMENTS FOR STORMWATER USER FEES PURSUANT TO CHAPTER 197, FLORIDA STATUTES; STATING THE NEED FOR SUCH LEVY; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE PROPERTY APPRAISER FOR THIS PURPOSE; AUTHORIZING THE CITY MANAGER TO RETAIN A CONSULTANT FOR THIS PURPOSE; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER AND CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Agenda Item J-1 Stormwataer Mgnt. Utility Program Fee 9of 167 18605 NW 27 Ave., Miami Gardens, Florida 33056 Staff Summary: The five year CIP plan for Stormwater drainage improvements totaled to approximately $7 million, which includes drainage projects at many locations such as NW 24 Avenue, NW 191 – NW 195 Terrace, NW 170 street and NW 22 Avenue, NW 195 Street between NW 12 Avenue, NW 203 Street, NW 13 Avenue west of NW 167 Street, NW 207 Street Road between NW 37 Avenue and NW 215 Street, NW 203 Street between NW 7 Avenue and NW 15 Avenue, and Culvert/Headwall Repairs – City-wide. Currently, the City is levying $4.00 per ERU (resolution #2006-143-489), which means for each residential unit, the fee is $48.00 per year. The revenue derived from this fee is to cover the costs for capital projects as well as maintenance of the stormwater system. Also, the City has recently renewed the agreement with the County for canal maintenance for five years and the costs is approximately $400,000 annually. In the FY 2017 budget, the Fleet Manager has submitted a five year vehicle replacement plan. A Sweeper is proposed to be replaced in FY 2017 in the amount of $280,000 and to Van Con Trucks within the next three years in the amount of $275,000 each. Since the City took over the Stormwater operations in 2007 from the County, the fees have not been increased and have remained at the same rate that the County imposed at $4.00 per ERU per month which was implemented since 2004. Staff is proposing an increase of the monthly rate from $4.00 to $6.00 per ERU, the impact to our residents per household is $24.00 per year, and will generate additional revenue of approximately $1.88 million based on current year certification of ERUs within the City by the consultant. The consultant will be certifying FY 2018 number of ERUs. Fiscal Impact Additional revenue of approximately $1.88 million based on FY 2017 certification. Proposed Action: Recommend Council approval of the Stormwater fee increase from $4.00 to $6.00. Attachment: Attachment #1: Ordinance #2007-30-136 – Stormwater Management Ordinance Attachment #2: Resolution # 2006-143-489 - Establishing Stormwater Mgnt Utility Program fee schedule 10of 167 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AMENDING THE STORMWATER 4 MANAGEMENT UTILITY PROGRAM FEE SCHEDULE TO RAISE 5 THE ERU FEE FROM FOUR DOLLARS ($4.00) TO SIX 6 DOLLARS ($6.00); ELECTING TO CONTINUE TO USE THE 7 UNIFORM METHOD OF COLLECTING NON-AD VALOREM 8 ASSESSMENTS FOR STORMWATER USER FEES PURSUANT 9 TO CHAPTER 197, FLORIDA STATUTES; STATING THE NEED 10 FOR SUCH LEVY; AUTHORIZING THE CITY MANAGER TO 11 ENTER INTO AN AGREEMENT WITH THE PROPERTY 12 APPRAISER FOR THIS PURPOSE; AUTHORIZING THE CITY 13 MANAGER TO RETAIN A CONSULTANT FOR THIS PURPOSE; 14 PROVIDING FOR DIRECTIONS TO THE CITY MANAGER AND 15 CITY CLERK; PROVIDING FOR THE ADOPTION OF 16 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 17 18 WHEREAS, in accordance with Chapter 26, Article II of the City of Miami 19 Gardens Code of Ordinances, the City has created a stormwater utility, and 20 WHEREAS, Section 197.3632, Florida Statutes establishes a uniform method for 21 the levy, collection and enforcement of non-ad valorem assessments, and 22 WHEREAS, the current fee being charged is $4.00 per ERU and City staff is 23 recommending that this amount be raised to $6.00 per ERU generate additional 24 revenue to the City, and 25 WHEREAS, the City of Miami Gardens intends to continue to use the uniform 26 method for collection non-ad-valorem assessments for stormwater user fees as 27 authorized by Section 197.3632, Florida Statutes as amended, and 28 WHEREAS, the City held a duly advertised public hearing prior to the adoption of 29 this Resolution, proof of publication of such hearing being attached hereto as Exhibit 30 “A”, and 31 WHEREAS, it is anticipated that the City will retain the services of a consultant to 32 evaluate properties within the City to determine the correct Equivalent Residential Units; 33 11of 167 2 place the gathered information in to the Geographic Information System; and transfer 34 the information to the Miami Dade Property Appraiser, 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 hereby authorizes an 41 increase commencing with the Fiscal Year beginning October 1, 2017, to the ERU rate 42 from $4.00 to $6.00. The City of Miami Gardens intends to continue to use the uniform 43 method of collecting non-ad valorem assessments as authorized in Section 197.3632, 44 Florida Statutes, as amended for stormwater user fees. Such non-ad valorem 45 assessments will be levied within the incorporated area of the City. A legal description 46 of such area subject to the assessment is attached hereto as Exhibit “B” and is 47 incorporated herein by reference. 48 Section 3: AUTHORIZATION: The City Council of the City of Miami Gardens 49 hereby authorizes the City Manager to notify the Miami Dade County Property 50 Appraiser’s office of the City’s intent to collect the stormwater user fees by using the 51 uniform method of collection through the tax roll and hereby authorizes the City 52 Manager to enter into an agreement with the Property Appraiser for this purpose. 53 Section 4: AUTHORIZATION: The City Manager is hereby authorized to 54 retain a consultant to determine the correct Equivalent Residential Units; place the 55 gathered information in to the Geographic Information System; and transfer the 56 information to the Miami Dade Property Appraiser. 57 12of 167 3 Section 5: DIRECTIONS TO THE CLERK: The City Clerk is hereby directed to 58 send certified copies of this Resolution to the Miami-Dade County Property Appraiser, 59 Miami-Dade County Tax Collector, and the Florida Department of Revenue. 60 Section 6: EFFECTIVE DATE: This Resolution shall take effect immediately 61 upon its final passage. 62 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 63 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 64 65 ___________________________________ 66 OLIVER GILBERT, III, MAYOR 67 68 69 70 ATTEST: 71 72 73 __________________________________ 74 RONETTA TAYLOR, MMC, CITY CLERK 75 76 77 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 78 79 80 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 81 82 83 Moved by: __________________ 84 85 VOTE: _________ 86 87 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 88 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 89 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 90 Councilman Rodney Harris ____ (Yes) ____ (No) 91 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 92 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 93 Councilman David Williams Jr ____ (Yes) ____ (No) 94 95 13of 167 4 96 97 EXHIBIT “A” [ PLEASE INSERT PROOF OF PUBLICATION ] 14of 167 5 EXHIBIT “B” City of Miami Gardens, Florida more particularly described as [ PLEASE INSERT LEGAL DESCRIPTION ] 15of 167 16of 167 17of 167 18of 167 19of 167 20of 167 21of 167 22of 167 23of 167 24of 167 Fla.Stat.§197.3632 TheFloridacodeandconstitutionareupdatedforall2016emergencylegislationthroughChapter243withthe exception ofChapters16,40,and224,whichareinprogress. LexisNexis®FloridaAnnotatedStatutes >TitleXIV.TaxationandFinance(Chs.192-221)> Chapter197.TaxCollections,Sales,andLiens. Notice Thissectionhasmorethanoneversionwithvaryingeffectivedates. First oftwoversionsofthissection. §197.3632.Uniformmethodforthelevy,collection,andenforcementof non-advalorem assessments.[EffectiveuntilJuly1,2016] (1)As usedinthissection: (a)“Levy”meanstheimpositionofanon-advalorem assessment,statedintermsofrates,againstall appropriatelylocatedpropertybyagovernmentalbodyauthorizedbylawtoimposenon-ad valorem assessments. (b)“Local government”meansacounty,municipality,orspecialdistrictlevyingnon-advalorem assessments. (c)“Local governingboard”meansagoverningboardofalocalgovernment. (d)“Non-advalorem assessment”meansonlythoseassessmentswhicharenotbaseduponmillageand whichcanbecomealienagainstahomesteadaspermittedin s.4,Art.XoftheStateConstitution. (e)“Non-ad valorem assessmentroll”meanstherollpreparedbyalocalgovernmentandcertifiedtothe taxcollectorforcollection. (f)“Compatible electronicmedium”or“media”meansmachine-readableelectronicrepositoriesofdata andinformation,including,butnotlimitedto,magneticdisk,magnetictape,andmagneticdiskette technologies,whichprovidewithoutmodificationthatthedataandinformationthereinareinharmony withandcanbeusedinconcertwiththedataandinformationonthe advalorem taxrollkeyedtothe propertyidentificationnumberusedbythepropertyappraiser. (g)“Capital projectassessment”meansanon-advalorem assessmentleviedtofundacapitalproject, whichassessmentmaybepayableinannualpaymentswithinterest,overaperiodofyears. (2)A localgoverningboardshallenterintoawrittenagreementwiththepropertyappraiserandtaxcollector providingforreimbursementofnecessaryadministrativecostsincurredunderthissection.Administrative costsshallinclude,butnotbelimitedto,thosecostsassociatedwithpersonnel,forms,supplies,data processing,computerequipment,postage,andprogramming. (3) (a)Notwithstandinganyotherprovisionoflawtothecontrary,alocalgovernmentwhichisauthorizedto imposeanon-advalorem assessmentandwhichelectstousetheuniformmethodofcollectingsuch assessmentforthefirsttimeasauthorizedinthissectionshalladoptaresolutionatapublichearing prior toJanuary1or,ifthepropertyappraiser,taxcollector,andlocalgovernmentagree,March1.The resolutionshallclearlystateitsintenttousetheuniformmethodofcollectingsuchassessment.The localgovernmentshallpublishnoticeofitsintenttousetheuniformmethodforcollectingsuch assessmentweeklyinanewspaperofgeneralcirculationwithineachcountycontainedinthe SonjaDickens 25of 167 boundariesofthelocalgovernmentfor4consecutiveweeksprecedingthehearing.Theresolution shall statetheneedforthelevyandshallincludealegaldescriptionoftheboundariesofthereal propertysubjecttothelevy.Iftheresolutionisadopted,thelocalgoverningboardshallsendacopyof itbyUnitedStatesmailtothepropertyappraiser,thetaxcollector,andthedepartmentbyJanuary10 or,ifthepropertyappraiser,taxcollector,andlocalgovernmentagree,March10. (b)AnnuallybyJune1,thepropertyappraisershallprovideeachlocalgovernmentusingtheuniform methodwiththefollowinginformationbylistorcompatibleelectronicmedium:thelegaldescriptionof thepropertywithintheboundariesdescribedintheresolution,andthenamesandaddressesofthe ownersofsuchproperty.Suchinformationshallreferencethepropertyidentificationnumberand otherwiseconforminformattothatcontainedonthe advalorem rollsubmittedtothedepartment.The propertyappraiserisnotrequiredtosubmitinformationwhichisnotonthe ad valorem rollor compatibleelectronicmediumsubmittedtothedepartment.Ifthelocalgovernmentdeterminesthat the informationsuppliedbythepropertyappraiserisinsufficientforthelocalgovernment’spurpose, thelocalgovernmentshallobtainadditionalinformationfromanyothersource. (4) (a)Alocalgovernmentshalladoptanon-advalorem assessmentrollatapublichearingheldbetween January1andSeptember15if: 1.The non-advalorem assessmentisleviedforthefirsttime; 2.The non-advalorem assessmentis increased beyondthemaximumrateauthorizedbylawor judicialdecreeatthetimeofinitialimposition; 3.The localgovernment’sboundarieshavechanged,unlessallnewlyaffectedpropertyowners haveprovidedwrittenconsentforsuchassessmenttothelocalgoverningboard;or 4.Thereisachangeinthepurposeforsuchassessmentorintheuseoftherevenuegeneratedby suchassessment. (b)Atleast20dayspriortothepublichearing,thelocalgovernmentshallnoticethehearingbyfirst-class UnitedStatesmailandbypublicationinanewspapergenerallycirculatedwithineachcounty containedintheboundariesofthelocalgovernment.Thenoticebymailshallbesenttoeachperson owningpropertysubjecttotheassessmentandshallincludethefollowinginformation:thepurposeof theassessment;thetotalamounttobeleviedagainsteachparcel;theunitofmeasurementtobe appliedagainsteachparceltodeterminetheassessment;thenumberofsuchunitscontainedwithin eachparcel;thetotalrevenuethelocalgovernmentwillcollectbytheassessment;astatementthat failuretopaytheassessmentwillcauseataxcertificatetobeissuedagainstthepropertywhichmay resultinalossoftitle;astatementthatallaffectedpropertyownershavearighttoappearatthe hearingandtofilewrittenobjectionswiththelocalgoverningboardwithin20daysofthenotice;and thedate,time,andplaceofthehearing.However,noticebymailshallnotberequiredifnoticebymail isotherwiserequiredbygeneralorspeciallawgoverningataxingauthorityandsuchnoticeisserved atleast30dayspriortotheauthority’spublichearingonadoptionofaneworamendednon-ad valorem assessment roll.Thepublishednoticeshallcontainatleastthefollowinginformation:the nameofthelocalgoverningboard;ageographicdepictionofthepropertysubjecttotheassessment; the proposedscheduleoftheassessment;thefactthattheassessmentwillbecollectedbythetax collector;andastatementthatallaffectedpropertyownershavetherighttoappearatthepublic hearingandtherighttofilewrittenobjectionswithin20daysofthepublicationofthenotice. (c)Atthepublichearing,thelocalgoverningboardshallreceivethewrittenobjectionsandshallhear testimonyfromallinterestedpersons.Thelocalgoverningboardmayadjournthehearingfromtimeto time.Ifthelocalgoverningboardadoptsthenon-advalorem assessmentroll,itshallspecifytheunit ofmeasurementfortheassessmentandtheamountoftheassessment.Notwithstandingthenotices provided forinparagraph(b),thelocalgoverningboardmayadjusttheassessmentortheapplication Page2of10 Fla.Stat.§197.3632 SonjaDickens 26of 167 oftheassessmenttoanyaffectedpropertybasedonthebenefitwhichtheboardwillprovideorhas provided tothepropertywiththerevenuegeneratedbytheassessment. (5) (a)BySeptember15ofeachyear,thechairofthelocalgoverningboardorhisorherdesigneeshall certifyanon-advalorem assessmentrolloncompatibleelectronicmediumtothetaxcollector.The localgovernmentshallpostthenon-ad valorem assessmentforeachparcelontheroll.Thetax collectorshallnotacceptanysuchrollthatisnotcertifiedoncompatibleelectronicmediumandthat does notcontainthepostingofthenon-advalorem assessmentforeachparcel.Itistheresponsibility ofthelocalgoverningboardthatsuchrollbefreeoferrorsandomissions.Alterationstosuchrollmay be madebythechairorhisorherdesigneeupto10daysbeforecertification.Ifthetaxcollector discoverserrorsoromissionsonsuchroll,heorshemayrequestthelocalgoverningboardtofilea correctedrolloracorrectionoftheamountofanyassessment. (b)Beginningin2009,byDecember15ofeachyear,thetaxcollectorshallprovidetothedepartmenta copyofeachlocalgoverningboard’snon-advalorem assessmentrollcontainingthedataelements andintheformatprescribedbytheexecutivedirector.Inaddition,beginningin2008,areportshallbe provided tothedepartmentbyDecember15ofeachyearforeachnon-advalorem assessmentroll, including,butnotlimitedto,thefollowinginformation: 1.The nameandtypeoflocalgoverningboardlevyingthenon-advalorem assessment; 2.Whether ornotthelocalgovernmentleviesapropertytax; 3.Thebasisforthelevy; 4.Therateofassessment; 5.Thetotalamountofnon-advalorem assessmentlevied;and 6.The numberofparcelsaffected. (6)Ifthenon-advalorem assessmentistobecollectedforaperiodofmorethan1yearoristobeamortized overanumberofyears,thelocalgoverningboardshallsospecifyandshallnotberequiredtoannually adopt thenon-advalorem assessmentroll,andshallnotberequiredtoprovideindividualnoticestoeach taxpayerunlesstheprovisionsofsubsection(4)apply.Noticeofanassessment,otherthanthatwhichis required undersubsection(4),maybeprovidedbyincludingtheassessmentinthepropertyappraiser’s noticeofproposedpropertytaxesandproposedoradoptednon-advalorem assessmentsunder s. 200.069.However,thelocalgoverningboardshallinformthepropertyappraiser,taxcollector,and departmentbyJanuary10ifitintendstodiscontinueusingtheuniformmethodofcollectingsuch assessment. (7)Non-ad valorem assessmentscollectedpursuanttothissectionshallbeincludedinthecombinednotice for ad valorem taxesandnon-advalorem assessmentsprovidedforin s.197.3635.Aseparatemailingis authorizedonlyasasolutiontothemostexigentfactualcircumstances.However,ifataxcollectorcannot merge anon-advalorem assessmentrolltoproducesuchanotice,heorsheshallmailaseparatenotice ofnon-ad valorem assessmentsorshalldirectthelocalgovernmenttomailsuchaseparatenotice.In decidingwhetheraseparatemailingisnecessary,thetaxcollectorshallconsiderallcoststothelocal government andtaxpayersofsuchaseparatemailingandtheadverseeffectstothetaxpayersofdelayed andmultiplenotices.Thelocalgovernmentwhoserollcouldnotbemergedshallbearallcostsassociated withtheseparatenotice. (8) (a)Non-advalorem assessmentscollectedpursuanttothissectionshallbesubjecttoallcollection provisionsofthischapter,includingprovisionsrelatingtodiscountforearlypayment,prepaymentby installment method,deferredpayment,penaltyfordelinquentpayment,andissuanceandsaleoftax certificatesandtaxdeedsfornonpayment. Page3of10 Fla.Stat.§197.3632 SonjaDickens 27of 167 (b)Within 30daysfollowingthehearingprovidedinsubsection(4),anypersonhavinganyright,title,or interestinanyparcelagainstwhichanassessmenthasbeenleviedmayelecttoprepaythesamein whole,andtheamountofsuchassessmentshallbethefullamountlevied,reduced,ifthelocal governmentsoprovides,byadiscountequaltoanyportionoftheassessmentwhichisattributableto theparcel’sproportionateshareofanybondfinancingcosts,providedtheerrorsandinsolvency proceduresavailableforuseinthecollectionof advalorem taxespursuantto s.197.492 arefollowed. (c)Non-ad valorem assessmentsshallalsobesubjecttotheprovisionsof s.192.091(2)(b),orthetax collectorathisorheroptionshallbecompensatedforthecollectionofnon-ad valorem assessments basedontheactualcostofcollection,whicheverisgreater.However,amunicipalorcounty government shallonlycompensatethetaxcollectorfortheactualcostofcollectingnon-advalorem assessments. (9)A localgovernmentmayelecttousetheuniformmethodofcollectingnon-advalorem assessmentsas authorizedbythissectionforanyassessmentleviedpursuanttogeneralorspeciallaworlocalgovernment ordinance orresolution,regardlessofwhentheassessmentwasinitiallyimposedorwhetherithas previouslybeencollectedbyanothermethod. (10) (a)Capitalprojectassessmentsmaybeleviedandcollectedbeforethecompletionofthecapitalproject. (b) 1.Exceptasprovidedinthissubsection,thelocalgovernmentshallcomplywithallofthe requirementssetforthinsubsections(1)-(8)forcapitalprojectassessments. 2.Therequirementssetforthinsubsection(4)aresatisfiedforcapitalprojectassessmentsif: a.Thelocalgovernmentadoptsorreaffirmsthenon-advalorem assessmentrollatapublic hearingheldatanytimebeforecertificationofthenon-ad valorem assessmentrollpursuant tosubsection(5)forthefirstyearinwhichthecapitalprojectassessmentistobecollectedin the mannerauthorizedbythissection;and b.Thelocalgovernmentprovidesnoticeofthepublichearinginthemannerprovidedin paragraph(4)(b). 3.Thelocalgovernmentisnotrequiredtoallowprepaymentforcapitalprojectassessmentsasset forthinparagraph(8)(b);however,ifprepaymentisallowed,theerrorsandinsolvencyprocedures availableforuseinthecollectionof advalorem taxespursuantto s.197.492 mustbefollowed. (c)Any hearingornoticerequiredbythissectionmaybecombinedwithanyotherhearingornotice requiredbythissectionorbythegeneralorspeciallawormunicipalorcountyordinancepursuantto whichacapitalprojectassessmentislevied. (11)Thedepartmentshalladoptrulestoadministerthissection. History S.68,ch.88-130;s.7,ch.88-216;s.8,ch.90-343;s.2,ch.91-238;s.1013,ch.95-147;s.1,ch.97-66;s.1, ch.2003-70;s.10,ch.2008-173,eff.June17,2008. Page4of10 Fla.Stat.§197.3632 SonjaDickens 28of 167 Annotations Notes Amendments. The 2003amendmentbys.1,ch.2003-70,effectiveJune2,2003,substituted“January1”for“June1,”in(4)(a); and,in(6),attheendofthefirstsentence,added“andshallnotberequiredtoprovideindividualnoticestoeach taxpayer unlesstheprovisionsofsubsection(4)apply.Noticeofanassessment,otherthanthatwhichisrequired undersubsection(4),maybeprovidedbyincludingtheassessmentinthepropertyappraiser’snoticeofproposed propertytaxesandproposedoradoptednon-advalorem assessmentsunder s.200.069.” The2008amendmentbys.10,ch.2008-173,effectiveJuly1,2008,addedthe(5)(a)designationand(5)(b). The2016amendmentadded“orbetweenJanuary1andSeptember25foranycountyasdefinedin s.125.011(1)” intheintroductorylanguageof(4)(a)andadded“orbySeptember25foranycountyasdefinedin s.125.011(1)” inthefirstsentenceof(5)(a). LexisNexis ®Notes CaseNotes Energy&UtilitiesLaw:Financing:RaisingCapital Governments:Legislation:Interpretation Governments:LocalGovernments:Duties&Powers Governments:LocalGovernments:Employees&Officials Governments:PublicImprovements:Assessments Governments:State&TerritorialGovernments:Finance TaxLaw:State&LocalTaxes:Administration&Proceedings:GeneralOverview TaxLaw:State&LocalTaxes:Administration&Proceedings:Assessments TaxLaw:State&LocalTaxes:RealPropertyTax:GeneralOverview TaxLaw:State&LocalTaxes:RealPropertyTax:Assessment&Valuation:GeneralOverview Energy&UtilitiesLaw:Financing:RaisingCapital 1.Becausejudicialforeclosurewasnotanappropriatelegalremedyforcollectingnon-advalorem assessments forpropertyownersparticipatinginanagency'sPropertyAssessedCleanEnergy(PACE)Actprogramunder § 163.08,Fla.Stat.,theagencywasdirectedtoamendthefinancingagreementtoremoveallreferencestojudicial foreclosure.Thomasv.CleanEnergyCoastalCorridor,176So.3d249,2015Fla.LEXIS2116(Fla.2015). Governments:Legislation:Interpretation 2.Law firm’stheorythatallspecialassessmentsweregivenaJanuary1liendatecouldnotbeharmonizedwith Fla.Stat.§197.3632;theplainlanguageof §197.3632 indicatesthattheactof“levying”thespecialassessments occursatthepublichearing,whichmusttakeplacebetweenJune1andSeptember15,andthereisnostatutory provision thatmakesthelevying“effective”onanyotherdate.TroutCreekProps.,LLCv.Akerman,Senterfitt& Page5of10 Fla.Stat.§197.3632 SonjaDickens 29of 167 Eidson,PA,294F.Supp.2d1280,2003U.S.Dist.LEXIS20223(M.D.Fla.2003),aff'd,116Fed.Appx.245,2004 U.S.App.LEXIS27810(11thCir.Fla.2004). Governments:LocalGovernments:Duties&Powers 3.Duties ofthepropertyappraisersandtaxcollectorsunder Fla.Stat.§197.3632 areministerialandshallnotbe construedtoauthorizeanylevy.EscambiaCountyv.Bell,717So.2d85,1998Fla.App.LEXIS9735(Fla.1stDCA 1998). 4.Fla.Stat.§197.3632 doesnotinvestthetaxcollectorwithanydiscretionwithregardtocollectingthespecial assessmentontheannualtaxnoticeoncethecountyelectstousethisstatutoryuniformmethodforcollectionand complies withthestatute’srequirements;rather,ataxcollector’sdutyunder Fla.Stat.§197.3632 iswholly ministerialatthatpoint.EscambiaCountyv.Bell,717So.2d85,1998Fla.App.LEXIS9735(Fla.1stDCA1998). 5.County’sspecialassessmentforsolidwastedisposalandfireprotectionservicespursuantto Fla.Stat. §197.3632 provided aspecialbenefittotheassessedpropertiesandwasvalid;althoughfireprotectionservices weregenerallyavailabletothecommunityasawhole,thegreatestbenefitwastotheownersofrealproperty.Lake Countyv.WaterOakMgmt.Corp.,695So.2d667,1997Fla.LEXIS590(Fla.1997). Governments:LocalGovernments:Employees&Officials 6.Duties ofthepropertyappraisersandtaxcollectorsunder Fla.Stat.§197.3632 areministerialandshallnotbe construedtoauthorizeanylevy.EscambiaCountyv.Bell,717So.2d85,1998Fla.App.LEXIS9735(Fla.1stDCA 1998). Governments:PublicImprovements:Assessments 7.Because judicialforeclosurewasnotanappropriatelegalremedyforcollectingnon-advalorem assessments forpropertyownersparticipatinginanagency'sPropertyAssessedCleanEnergy(PACE)Actprogramunder § 163.08,Fla.Stat.,theagencywasdirectedtoamendthefinancingagreementtoremoveallreferencestojudicial foreclosure.Thomasv.CleanEnergyCoastalCorridor,176So.3d249,2015Fla.LEXIS2116(Fla.2015). Governments:State&TerritorialGovernments:Finance 8.Bond validationjudgmentinvolvingthePropertyAssessedCleanEnergyAct,Fla.Stat.§163.08 wasupheld becausetheobjectinglandowner,anintervenor,wasprovidedanopportunitybothattheshowcausehearingand at thehearingonhismotionforrehearingtoraiseobjectionstotheamendedfinancingagreementandchosenot toandtheamendmenttothefinancingagreementwasinaccordwiththelawconcerningtheissueofjudicial foreclosureandprovidednobasisforreversal.Fla.BankersAss'nv.Fla.Dev.Fin.Corp.,176So.3d1258,2015 Fla.LEXIS2301(Fla.2015). TaxLaw:State&LocalTaxes:Administration&Proceedings:GeneralOverview 9.Where theamountofanassessmentwasraisedfromthatwhichwasapprovedatapreviouspublichearingset underthestatute,i.e.,eachtimethestormwaterfeewas increased ortherateoftheequivalentresidentialunit, thebasicbillingunit,appliedtovacantlotswasmodified,subsequentassessments,whichdifferedbytheir increased amount ormethodofcomputation,were“leviedforthefirsttime”withinthemeaningofthestatutory proceduralmechanismsuchthatcompliancewiththenoticeandhearingprovisionsofthestatuteweremandatory; because itfailedtocomplywiththeproceduralrequirements,thecitywasprecludedfromcollectingthestormwater feebyutilizingtheuniformmethodforthecollectionandenforcementofnon-advalorem assessments,and havingtimelyobjectedtothesubsequentassessments,thetaxpayerwasentitledtoarefundoftheamountspaid pursuant totherespectivetaxbills.AtlanticGulfCommunitiesCorp.v.CityofPortSt.Lucie,764So.2d14,1999 Fla.App.LEXIS2529(Fla.4thDCA1999). TaxLaw:State&LocalTaxes:Administration&Proceedings:Assessments 10.Bond validationjudgmentinvolvingthePropertyAssessedCleanEnergyAct,Fla.Stat.§163.08 wasupheld becausetheobjectinglandowner,anintervenor,wasprovidedanopportunitybothattheshowcausehearingand at thehearingonhismotionforrehearingtoraiseobjectionstotheamendedfinancingagreementandchosenot toandtheamendmenttothefinancingagreementwasinaccordwiththelawconcerningtheissueofjudicial Page6of10 Fla.Stat.§197.3632 SonjaDickens 30of 167 foreclosureandprovidednobasisforreversal.Fla.BankersAss'nv.Fla.Dev.Fin.Corp.,176So.3d1258,2015 Fla.LEXIS2301(Fla.2015). TaxLaw:State&LocalTaxes:RealPropertyTax:GeneralOverview 11.Fla.Stat.§197.3632 doesnotinvestthetaxcollectorwithanydiscretionwithregardtocollectingthespecial assessmentontheannualtaxnoticeoncethecountyelectstousethisstatutoryuniformmethodforcollectionand complies withthestatute’srequirements;rather,ataxcollector’sdutyunder Fla.Stat.§197.3632 iswholly ministerialatthatpoint.EscambiaCountyv.Bell,717So.2d85,1998Fla.App.LEXIS9735(Fla.1stDCA1998). 12.County’sspecialassessmentforsolidwastedisposalandfireprotectionservicespursuantto Fla.Stat. §197.3632 provided aspecialbenefittotheassessedpropertiesandwasvalid;althoughfireprotectionservices weregenerallyavailabletothecommunityasawhole,thegreatestbenefitwastotheownersofrealproperty.Lake Countyv.WaterOakMgmt.Corp.,695So.2d667,1997Fla.LEXIS590(Fla.1997). TaxLaw:State&LocalTaxes:RealPropertyTax:Assessment&Valuation:GeneralOverview 13.Law firm’stheorythatallspecialassessmentsweregivenaJanuary1liendatecouldnotbeharmonizedwith Fla.Stat.§197.3632;theplainlanguageof §197.3632 indicatesthattheactof“levying”thespecialassessments occursatthepublichearing,whichmusttakeplacebetweenJune1andSeptember15,andthereisnostatutory provision thatmakesthelevying“effective”onanyotherdate.TroutCreekProps.,LLCv.Akerman,Senterfitt& Eidson,PA,294F.Supp.2d1280,2003U.S.Dist.LEXIS20223(M.D.Fla.2003),aff'd,116Fed.Appx.245,2004 U.S.App.LEXIS27810(11thCir.Fla.2004). 14.City wasproperlyorderedtorefundthetaxespaidduetoinvalidstormwaterutilityassessmentswherethe moniestoberefundedtoeachtaxpayerwerefairlysubstantial,andthecityhadvariousmeansofraisingsufficient revenuestocovertherefund,includingraisingitsmillagerate;thecityunsuccessfullyattemptedtousethe equitableconsiderationsaffirmativedefensetoavoidrefundingtheimproperlyassessedtaxes.CityofPortSt. Luciev.Zlinkoff,821So.2d1130,2002Fla.App.LEXIS8533(Fla.4thDCA2002). OpinionNotes LexisNexis®Notes OPINIONS OFATTORNEYGENERAL 1.Thetaxcollectormaynotenforcedelinquentnon-advaloremassessmentsleviedbyamunicipalityinamanner otherthansellingtaxcertificatesandtaxdeeds,whenthemunicipality’sgoverningbodyhasadoptedtheuniform methods forthelevy,collectionandenforcementofspecialassessmentsunder section197.3632,Florida Statutes.AGO2002-41,2002Fla.AGLEXIS84. 2.Conservation districtmayimposeaspecialassessmentforgarbagecollectionandusetheprovisionsof Fla. Stat.§197.3632 to levy,collectandenforcesuchanassessment.AGO1999-40,1999Fla.AGLEXIS41. 3.Monroe CountyCommissionmayloancountymoniesfromtheappropriatecountyfundtoamunicipalservice benefitunitforroadreconstructionprojectsthatserveacountypurposeoradualcountyandspecialdistrict purposeandmayrequire,asatermoftheloanagreement,thatsuchamountsberepaidupontheircollectionfrom propertyownerswithintheunit.AGO1994-22,1994Fla.AGLEXIS42. 4.In thosesituationswheretheentireassessmentisleviedinthefirstyearandthepropertyownersareallowed topayofftheassessmentinsubsequentyearswithanaccelerationclausefornonpayment,alienontheentire assessmentiscreatedinthefirstyearandthusconstitutesa“lienofrecordheldbyagovernmentalunit”for purposesof Fla.Stat.§197.582;however,iftheassessmentismadeinannualinstallments,thenonlythecurrent assessmentconstitutesalien,andfutureannualleviesofthenon-ad valorem assessmentsdonotconstitutea lienofrecordheldbyagovernmentalunitforpurposesof Fla.Stat.§197.582.AGO1994-13,1994Fla.AGLEXIS 33. 5.In thosecasesinwhichtheentireassessmentisleviedinthefirstyear,itqualifiesasalienofrecordheldbya governmentalunitand,ifnotsatisfiedbytheproceedsofataxsale,survivestheissuanceofthetaxdeed; however,iftheassessmentsareleviedannually,suchfutureannualassessmentsdonotattachuntilJanuary1of Page7of10 Fla.Stat.§197.3632 SonjaDickens 31of 167 thatfutureyearandwouldnotthereforebecomealienofrecordheldbyagovernmentunitthattime.AGO1994-13, 1994Fla.AGLEXIS33. 6.The LakeWorthDrainageDistrictisnotresponsibleforthecostsincurredbythepropertyappraisertoaddthe district’snon-advalorem assessmentinthenoticeprovidedpursuantto Fla.Stat.§200.069,asrequiredbyCh. 92-264,LawsofFlorida.AGO1994-03,1994Fla.AGLEXIS23. 7.The LakeCountyMunicipalTaxingUnitforFireProtectionisnotauthorizedtoimposeanon-advalorem assessmentorspecialassessmentagainsttangiblepersonalpropertywithinthegeographicalboundariesofthe taxing unit.AGO1992-60,1992Fla.AGLEXIS61. 8.The CityofSunriseisauthorizedtocollectcapitalprojectassessmentsbythemethodprescribedin Fla.Stat. §197.3632 when suchassessmentshavepreviouslybeencollectedpursuanttoanothermethod;however,the collectionmethodfornon-capitalprojectassessmentsimposedbythecitymaynotbechangedtothatprovidedfor by Fla.Stat.§197.3635.AGO1992-11,1992Fla.AGLEXIS18. 9.Stormwater utilityfeesimposedbytheCityofOrlandopursuantto Fla.Stat.§403.0893(1)appeartobespecial assessmentsratherthanusercharges;asitappearsthatthefeesimposedbytheCityofOrlandoarespecial assessments asopposedtouserfees,suchfeeswouldappeartoqualifyasnon-advalorem assessments,and therealpropertyofthestateisnotsubjecttosuchfeesabsentaspecificstatuteimposingsuchliabilityuponthe state.AGO1990-47,1988Fla.AGLEXIS45. 10.In lightofthelanguageof Fla.Stat.§403.0893(3)authorizingtheuseofthenon-ad valorem levy,collection, andenforcementmethodprovidedforinCh.197,Fla.Stat.,forfeesassessedpursuanttothatsection,such method maybeusedwhenacountyormunicipalityelectstocreateastormwaterutilityunder Fla.Stat. §403.0893(1).AGO1990-47,1988Fla.AGLEXIS45. 11.Solid wasteassessmentwhichappliestoallimprovedresidentialpropertywithinamunicipalservicebenefit unitcreatedbyordinanceforwastecollectionandwhichisassessedafterthecountycommissionhasdetermined thatthesubjectpropertyreceivesaspecialbenefitfromtheexpenditureofthecollectedfundsinadditiontothe generalbenefitaccruingtoallpropertyowners,maybecollectedasanon-advalorem assessmentunder Fla. Stat.§197.3632.AGO1990-39,1988Fla.AGLEXIS39. ResearchReferences&PracticeAids LexisNexis®Notes RESEARCH REFERENCES&PRACTICEAIDS FloridaStatutesreferences. Chapter163.IntergovernmentalPrograms,F.S.§163.08.Supplementalauthorityforimprovementstoreal property. Chapter 163.IntergovernmentalPrograms,F.S.§163.3162.AgriculturalLandsandPracticesAct. Chapter163.IntergovernmentalPrograms,F.S.§163.514.Powersofneighborhoodimprovementdistricts. Chapter190.CommunityDevelopmentDistricts,F.S.§190.011.Generalpowers. Chapter190.CommunityDevelopmentDistricts,F.S.§190.021.Taxes;non-ad valorem assessments. Chapter191.IndependentSpecialFireControlDistricts,F.S.§191.009.Taxes;non-ad valorem assessments; impactfeesandusercharges. Chapter 191.IndependentSpecialFireControlDistricts,F.S.§191.011.Proceduresforthelevyandcollectionof non-ad valorem assessments. Chapter192.Taxation:GeneralProvisions,F.S.§192.0105.Taxpayerrights. Page8of10 Fla.Stat.§197.3632 SonjaDickens 32of 167 Chapter197.TaxCollections,Sales,andLiens,F.S.§197.102.Definitions. Chapter197.TaxCollections,Sales,andLiens,F.S.§197.301.Penalties. Chapter197.TaxCollections,Sales,andLiens,F.S.§197.322.Deliveryof ad valorem taxandnon-advalorem assessmentrolls;noticeoftaxes;publicationandmail. Chapter 197.TaxCollections,Sales,andLiens,F.S.§197.363.Specialassessmentsandservicecharges; optionalmethodofcollection. Chapter 197.TaxCollections,Sales,andLiens,F.S.§197.3631.Non-ad valorem assessments;general provisions. Chapter 298.DrainageandWaterControl,F.S.§298.333.Assessmentsandcosts;alienonlandagainstwhich levied. Chapter 373.WaterResources,F.S.§373.4592.Evergladesimprovementandmanagement. Chapter1013.EducationalFacilities,F.S.§1013.355.Educationalfacilitiesbenefitdistricts. FloridaAdministrativeCodereferences. Chapter 12D-18Non-AdValorem AssessmentsandSpecialAssessments,F.A.C.12D-18.001 Scope. Chapter12D-18Non-Ad Valorem AssessmentsandSpecialAssessments,F.A.C.12D-18.002 Definitions. Chapter12D-18Non-Ad Valorem AssessmentsandSpecialAssessments,F.A.C.12D-18.003 Non-Ad Valorem Assessments;MethodforElectiontoUse Section 197.3632,FloridaStatutes. Chapter12D-18Non-AdValorem AssessmentsandSpecialAssessments,F.A.C.12D-18.004TaxRoll;Collection Services;Agreement. Chapter 12D-18Non-AdValorem AssessmentsandSpecialAssessments,F.A.C.12D-18.007 Non-Ad Valorem Assessments;UniformTaxNotice;Merger. Chapter12D-18Non-AdValorem AssessmentsandSpecialAssessments,F.A.C.12D-18.008 Special AssessmentsCollectedPursuanttoOtherLaworBeforeJanuary1,1990Pursuantto Section197.363,Florida Statutes. Chapter12D-18Non-Ad Valorem AssessmentsandSpecialAssessments,F.A.C.12D-18.009 Non-Ad Valorem AssessmentsImposedAfterJanuary1,1990. Chapter 12D-18Non-AdValorem AssessmentsandSpecialAssessments,F.A.C.12D-18.010 UniformMethod forCollectionandEnforcement;IncorporationofOtherProvisions;Miscellaneous;RulesofConstruction. Chapter 31-16RiverEnhancement,F.A.C.31-16.003 RiverEnhancementFees;ClassificationandCriteria; Collection;Accountability. Law Reviews&Journals 1.DispellingTheMyths:Florida’sNon-AdValorem SpecialAssessmentsLaw,HenryKenzavanAssenderpand AndrewIgnatiusSolis,Spring1993,20Fla.St.U.L.Rev.825. 2.Municipal Finance,BenjaminWinter,KimberlyM.Johnson,KariSwanson,ChristopherW.Brewer,Spring 1997,26StetsonL.Rev.1051. 3.Recent Development:MunicipalFinance:SpecialAssessment:EscambiaCountyv.Bell:717So.2d85(Fla. Page9of10 Fla.Stat.§197.3632 SonjaDickens 33of 167 1stDist.Ct.App.1998),KevinR.Bruning,Winter1999,28StetsonL.Rev.867. Treatises 1.Florida RealEstateTransactions,PartV.Financing,LiensandTaxes,Chapter34.LiensandStateTaxes, §34.01FloridaRealPropertyTaxesandTaxLiens. 2.FloridaRealEstateTransactions,PartV.Financing,LiensandTaxes,Chapter34.LiensandStateTaxes, §34.01ANon-AdValorem AssessmentsforEnergyConservation,RenewableEnergy,orWindResistance ImprovementstoRealProperty. LexisNexis®FloridaAnnotatedStatutes Copyright ©2016MatthewBender&Company,Inc.amemberoftheLexisNexisGroup.Allrightsreserved. Page10of10 Fla.Stat.§197.3632 SonjaDickens 34of 167 Page: NW_AdNW_2,Pub. date:Thursday,April20 Last user:jdubin@miamiherald.com Edition: 1stSection, zone:,NWLast change at:17:31:47 April 18 10NW THURSDAY APRIL 202017NEIGHBORSMIAMIHERALD.COM CITY OF MIAMIGARDENS NOTICE OF PUBLIC HEARING 18605NW 27th Avenue Miami Gardens,Florida May10,2017 @7:00PM *****THISIS NOTABILL***** THISIS ANOTICEOFPROPOSED STORMWATERCHARGE RATE INCREASE ANDPUBLIC HEARING FORTHE STORMWATERSERVICEAREA DearPropertyOwner: In2007,theCityCouncilenactedanordinance to create aStormwaterUtilitythatwasunderthe County’sjurisdictiontoprovideadedicatedfundingsourceforthemanagement by theCity’sstormwater system.Sincethattime,StormwaterServiceChargeshasbeen imposed onallimprovedpropertytomaintainthe Public RightofWaydrainage systems toincludecanals.Thesechargeshave beenincludedonthepropertytaxbillmailedeach November forprivateproperty.The rate forstormwaterhasnotbeenincreasedandhasremainedatthesame rate since2004whenthe Countyimposeda$4.00perERU(equivalent residentialunits)permonth.The$4.00permonth Utilityfeeisoneofthelowest ratesinthestateofFlorida. Stormwater Utilityfeesare assigned to alldevelopedresidentialandnon-residential propertiesandaredeterminedas afunctionofequivalent residentialunits(ERU)forresidential propertiesandbydeterminingtheimperviousareafor non-residential properties.The Utility measuresthesize of agivenproperty thatisimpervioustorainwaterandcalculatesthefeebased on thatfigure. Forresidentialproperties,thevalueofoneERUissetat1,548squarefeetand incursachargeof$4 permonth forresidentialhomes.Commercial,industrialandothernon-residential propertiesarecalculatedusingthe sameERUconcept,but accountforthe exactfootageof afacilityandallimpervioussurfaces(roof tops,driveways,patios,parkinglots,etc.)whendeterminingthe totalmonthlystormwater fee.FeescollectedbytheStormwater Utilitygotowardthe planning,construction,operationandmaintenanceofstormwatermanagementsystems intheCityofMiami Gardens. Youarereceivingthisnotificationbecauseyou own property intheStormwaterServiceAreaandtheCityinitiated effortstoimprove itsstormwatersystemoperation andmaintenanceserviceswhich requiresanincreaseinthe charges.Thecurrent rateis $4.00 perERU permonth.The proposedmaximum StormwaterService Assessment ratewillbe $6.00perERU permonth (residentialpropertywillbe$6.00 x12months=$72 peryear)commencingwiththeproperty taxbillmailedin November2017.The estimated amounttobecollectedbytheCityannuallyis$5,647,777.20andwillbeusedforincreasedactivitiesforoperationsand maintenance of theCity’sstormwatersystem,planningforfuturestormwaterimprovements,toimplementimprovements withcitywide benefits andother relatedcostspermittedunder theordinance. Youhaveanopportunitytoprovide prior commentsforCityCouncilconsideration at apublichearingtobe heldat7:00p.m.May 10,2017,intheCityofMiami GardensCouncil Chambers,1st Floor,located at18605NW 27 Avenue,Miami Gardens,Florida,on theproposedincrease.Youmay alsofilewrittenobjectionswiththeCityCouncilwithin twenty(20)daysof thedateofthisnotice.Pleaseinclude yournameand parcelnumberonallcorrespondenceand address as follows:Public Works –StormwaterDivision, 18605NW27 Avenue,Miami Gardens,Florida33056. Failure topaythe assessmentwillcause ataxcertificatetobeissued againsttheproperty which mayresultin alossoftitle; If youhave anyquestionsregardingtheStormwater Assessment,please contactthe Public Works Department at786-279-1280.Seethe CityGeographical Boundary Mapabove. RonettaTaylor,MMC CityClerk CityofMiami Gardens,Florida 35of 167 18605 NW 27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May10, 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 Sponsor Name Councilwoman Lillie Odom Department: City Manager’s Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT IN THE AMOUNT OF ONE MILLION DOLLARS ($1,000,000.00) PER YEAR FOR (5) FIVE YEARS FROM THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens has been approached by a local nonprofit organization, Gang Alternative, to partner in submitting an application to the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA), Resiliency in Communities After Stress and Trauma (ReCAST Program). Eligibility is limited to local government in partnership with community-based organizations. SAMHSA believes that local municipalities are in the best position to implement a coordinated, public health approach that leads to improved behavioral health and sustained community change and to develop partnerships within the community that result in high-risk youth and their families having equitable access to resources and services. Agenda Item K-1 Apply for Grant from Dept. of Health & Human Services 36of 167 18605 NW 27 Avenue Miami Gardens, Florida 33056 The purpose of this program is to assist high-risk youth and families and promote resilience and equity in communities that have recently faced civil unrest through implementation of evidence-based, violence prevention, and community youth engagement programs, as well as linkages to trauma-informed behavioral health services. For the purposes of this Funding Opportunity Announcement (FOA), civil unrest is defined as demonstrations of mass protest and mobilization, community harm, and disruption through violence often connected with law enforcement issues. The goal of the ReCAST Program is for local community entities to work together in ways that lead to improved behavioral health, empowered community residents, reductions in trauma, and sustained community change. Current Situation The City would serve as the Fiscal Agent for the grant. Gang Alternative will serve as the Lead Agency and will work in partnership with the North Dade Youth and Family Coalition (NDYFC) and Live Healthy Miami Gardens (LHMG) and will be responsible for guiding a community-coalition of residents and community- based; non-profit organizations in partnership with such entities as health and human services providers, schools, and institutions of higher education; faith-based organizations; businesses, and law enforcement; and employment, housing, and transportation services agencies to work collaboratively to promote resiliency and well-being for high-risk youth, families, and communities that have recently faced civil unrest and concomitant individual, familial, and community trauma. The application is due on May 17, 2017 and the intent is to apply for the maximum funding amount of $1,000,000 per year for 5 years. Fiscal Impact No cash match funds will be required from the City of Miami Gardens. Proposed Action: It is recommended that City Council allow City Staff to assist with preparation of this Department of Health and Human Services ReCast Grant proposal in partnership with Gang Alternative for submission on or prior to May 17, 2017. Attachment: Attachment A: Department of Health and Human Services Substance Abuse and Mental Health Services Administration - Funding Opportunity Announcement (FOA) No. SM-17-009; Executive Summary 37of 167 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 APPLY FOR A GRANT IN THE AMOUNT OF ONE 5 MILLION DOLLARS ($1,000,000.00) PER YEAR FOR (5) FIVE 6 YEARS FROM THE DEPARTMENT OF HEALTH AND HUMAN 7 SERVICES; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the City of Miami Gardens has been approached by a local nonprofit 11 organization, Gang Alternative, to partner in submitting an application to the Department 12 of Health and Human Services Substance Abuse and Mental Health Services 13 Administration (SAMHSA), Resiliency in Communities After Stress and Trauma 14 Program (ReCAST Program), and 15 WHEREAS, the purpose of this Program is to assist high-risk youth and families 16 and promote resilience and equity in communities that have recently faced civil unrest 17 through implementation of evidence-based, violence prevention, and community youth 18 engagement programs, as well as linkages to trauma-informed behavioral health 19 services, and 20 WHEREAS, the goal of the ReCAST Program is for local community entities to 21 work together in ways that lead to improved behavioral health, empowered community 22 residents, reductions in trauma, and sustained community change, and 23 WHEREAS, the City would serve as the Fiscal Agent for the grant, and 24 WHEREAS, Gang Alternative will serve as the Lead Agency and will work in 25 partnership with the North Dade Youth and Family Coalition (NDYFC) and Live Healthy 26 Miami Gardens (LHMG), and will be responsible for guiding a community-coalition of 27 residents and community-based non-profit organizations to address these issues, and 28 38of 167 2 WHEREAS, the application is due on May 17, 2017, and the intent is to apply for 29 the maximum funding amount of One Million Dollars ($1,000,000.00) per year for five 30 (5) years, and 31 WHEREAS, no matching funds will be required from the City for this grant, and 32 WHEREAS, Staff is recommending the City Council authorize the City Manager 33 to apply for a grant in the amount of One Million Dollars ($1,000,000.00) per year for (5) 34 five years from the Department of Health and Human Services Substance Abuse and 35 Mental Health Services Administration, ReCAST Program for implementation of 36 evidence based mental health and behavioral health services, 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 41 made a specific part of this Resolution. 42 Section 2: ACCEPTANCE OF GRANT/AUTHORIZATION: The City Council 43 of the City of Miami Gardens hereby authorizes the City Manager to apply for a grant in 44 the amount of One Million Dollars ($1,000,000.00) per year for (5) five years from the 45 Department of Health and Human Services Substance Abuse and Mental Health 46 Services Administration, Resiliency in Communities After Stress and Trauma for 47 implementation of evidence based mental health and behavioral health services. 48 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 49 upon its final passage. 50 51 39of 167 3 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 52 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 53 54 ___________________________________ 55 OLIVER GILBERT, III, MAYOR 56 57 58 ATTEST: 59 60 61 __________________________________ 62 RONETTA TAYLOR, MMC, CITY CLERK 63 64 65 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 66 67 68 SPONSORED BY: COUNCILWOMAN LILLIE Q. ODOM 69 70 Moved by: __________________ 71 72 VOTE: _________ 73 74 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 75 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 76 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 77 Councilman Rodney Harris ____ (Yes) ____ (No) 78 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 79 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 80 Councilman David Williams Jr ____ (Yes) ____ (No) 81 82 40of 167 41of 167 42of 167 43of 167 44of 167 45of 167 46of 167 47of 167 48of 167 49of 167 50of 167 51of 167 52of 167 18605 NW 27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 10, 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 Sponsor Name Cameron D. Benson, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE TOWNS OF LANTANA AND MANGONIA PARK FOR THE FLORIDA GREEN FINANCE AUTHORITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background In 2010, the Florida Legislature adopted House Bill 7179 (Section 163.08, F.S.), which allows local governments to create Property Assessed Clean Energy (PACE) programs in order to provide financing for energy conservation and efficiency, renewable energy, wind resistance and other improvement projects consistent with state law. House Bill 7179 authorizes local governments to levy non-ad valorem assessments to fund certain energy conservation and efficiency improvements. The Bill allows business and residential property owners to apply for funding and enter into agreements with local governments to finance these improvements. Agenda Item K-2 Interlocal Agmnt w/ Towns of Lantana & Mangonia Prk for the Florida Green Finance Authority 53of 167 18605 NW 27 Avenue Miami Gardens, Florida 33056 In June 2012, the Florida Green Finance Authority (RenewPACE District) was established by the Towns of Lantana and Mangonia Park in order to provide municipalities with affordable financing opportunities for qualifying improvements. Through an Interlocal Agreement, several municipalities have joined including Doral and Miami Springs in Miami-Dade County, and Miramar, Hallandale Beach, Hollywood and 18 others in Broward County. On January 28, 2015 via resolution no. 2015-16-2213, the City entered into an Interlocal Agreement with the Clean Energy Coastal Corridor, which is another PACE District operating in Miami-Dade County. Current Situation The upfront cost of energy conservation improvements limit property owners from investing in these projects. By joining the Florida Green Finance Authority (RenewPACE District), City of Miami Gardens business and residential property owners can pay for energy upgrades over time using long-term, low- interest financing. The projects are repaid through an annual assessment on the property tax bill. The PACE program will increase the sustainability and aesthetics of properties within the City, thereby increasing property value, efficiency and usability. Residents and business owners will be assisted in reducing their carbon footprint and energy costs. Furthermore, by entering into another Interlocal Agreement with the RenewPACE District, the addition of competition will benefit the business owners and residents. The program will also stimulate the local economy through the creation of construction jobs. Fiscal Impact There is no fiscal impact. Entering into the Interlocal Agreement does not obligate the City in anyway financially. Proposed Action: That the City Council approves the attached resolution. Attachments: • Florida Green Finance Authority Membership Agreement • Section 163.01 and 163.08, Florida Statutes 54of 167 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 ENTER INTO AN INTERLOCAL AGREEMENT 5 WITH THE TOWNS OF LANTANA AND MANGONIA PARK FOR 6 THE FLORIDA GREEN FINANCE AUTHORITY; PROVIDING FOR 7 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, in 2010, the Florida Legislature adopted House Bill 7179 (Section 11 163.08, Florida Statutes), which allows local governments to create Property Assessed 12 Clean Energy (PACE) programs, in order to provide financing for energy conservation 13 and efficiency, renewable energy, wind resistance and other improvement projects 14 consistent with state law, and 15 WHEREAS, Florida Statutes Section 163.08 also authorizes local governments 16 to levy non-ad valorem assessments to fund financing for certain energy conservation 17 and efficiency improvements, and 18 WHEREAS, in June 2012, the Florida Green Finance Authority (RenewPACE 19 District) was established by the Towns of Lantana and Mangonia Park in order to 20 provide municipalities with affordable financing opportunities for qualifying 21 improvements, and 22 WHEREAS, on January 28, 2015 the City Council for the City of Miami Gardens 23 adopted Resolution No. 2015-16-2213, authorizing the City Manager to enter into an 24 Interlocal Agreement with the Clean Energy Coastal Corridor, which is another PACE 25 District operating in Miami-Dade County, and 26 WHEREAS, by joining the RenewPACE District, City of Miami Gardens business 27 and residential property owners can pay for energy upgrades over time using long-term, 28 low-interest financing, and 29 55of 167 2 WHEREAS, the projects are repaid through an annual assessment on the 30 property tax bill, and 31 WHEREAS, the PACE program will increase the sustainability and aesthetics of 32 properties within the City, thereby increasing property value, efficiency and usability, 33 and 34 WHEREAS, City Staff recommends the City Council authorize the City Manager 35 to enter into an Interlocal Agreement with the Towns of Lantana and Mangonia Park for 36 the Florida Green Finance Authority (RenewPACE District), 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 41 made a specific part of this Resolution. 42 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43 hereby authorizes the City Manager to enter into an Interlocal Agreement with the 44 Towns of Lantana and Mangonia Park for the Florida Green Finance Authority 45 (RenewPACE District). 46 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 47 upon its final passage. 48 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 49 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 50 51 ___________________________________ 52 OLIVER GILBERT, III, MAYOR 53 54 55 56of 167 3 ATTEST: 56 57 58 __________________________________ 59 RONETTA TAYLOR, MMC, CITY CLERK 60 61 62 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 63 64 65 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 66 67 Moved by: __________________ 68 69 VOTE: _________ 70 71 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 72 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 73 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 74 Councilman Rodney Harris ____ (Yes) ____ (No) 75 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 76 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 77 Councilman David Williams Jr ____ (Yes) ____ (No) 78 79 57of 167 1 Party Membership Agreement To The Florida Green Finance Authority WHEREAS, Section 163.01, F.S., the “Florida Interlocal Cooperation Act of 1969,” authorizes local government units to enter into interlocal agreements for their mutual benefit; and WHEREAS, the Town of Lantana, Florida, a Florida municipal corporation ("Lantana") and the Town of Mangonia Park, Florida, a Florida municipal corporation, ("Mangonia Park") entered into an Interlocal Agreement, dated June 11, 2012, first amended on August 11, 2014 and second amended on April 7, 2016 with document execution May 9, 2016, establishing the Florida Green Finance Authority as a means of implementing and financing a qualifying improvements program for energy and water conservation and efficiency, renewable energy and wind-resistance improvements, and to provide additional services consistent with law; and WHEREAS, the City of Miami Gardens desires to become a member of the Florida Green Finance Authority in order to facilitate the financing of qualifying improvements for properties located within the City of Miami Gardens. NOW, THEREFORE, it is agreed as follows: 1. The Interlocal Agreement between the Florida Green Finance Authority, the Town of Lantana and the Town of Mangonia Park, entered into on June 11, 2012 and as amended on August 11, 2014 and April 7, 2016 with document execution May 9, 2016 (the “Interlocal Agreement”), for the purpose of facilitating the financing of qualifying improvements for properties located within the Authority’s jurisdiction via the levy and collection of voluntary non-ad valorem assessments on improved property, is hereby supplemented and amended on the date last signed below by this Party Membership Agreement, which is hereby fully incorporated into the Interlocal Agreement, to include the City of Miami Gardens. 2. The Florida Green Finance Authority, together with its member Parties, and the City of Miami Gardens, with the intent to be bound thereto, hereby agree that the City of Miami Gardens shall become a Party to the Interlocal Agreement together with all of the rights and obligations of Parties to the Interlocal Agreement. 3. The Service Area of the Florida Green Finance Authority shall include the legal boundaries of the City of Miami Gardens, as the same may be more specifically designated by the City of Miami Gardens or amended from time to time. 4. The City of Miami Gardens designates the following as the respective place for any notices to be given pursuant to the Interlocal Agreement Section 27: City of Miami Gardens: Attn: Cameron D. Benson, City Manager City of Miami Gardens 18605 NW 27th Avenue Miami Gardens, FL 33056 With a copy to: Sonja K. Dickens, City Attorney City of Miami Gardens 58of 167 2 18605 NW 27th Avenue Miami Gardens, FL 33056 5. This Party Membership Agreement shall be recorded by the Authority with the Clerk of the Court in the Public Records of Palm Beach County as an amendment to the Interlocal Agreement and recorded in the public records of the City of Miami Gardens, in accordance with Section 163.01(11), Florida Statutes. IN WITNESS WHEREOF, the Parties hereto subscribe their names to this Interlocal Agreement by their duly authorized officers. ATTEST: The Florida Green Finance Authority, a separate legal entity established pursuant to Section 163.01(7), Florida Statutes By:____________________________ By: ____________________________ Secretary of the Authority Chair of the Authority Approved by Authority Attorney as to form and legal sufficiency ____________________________ Authority Attorney ATTEST: CITY OF MIAMI GARDENS, a municipal Corporation of the State of Florida _____________________________ By: ______________________________ Ronetta Taylor, MMC, City Clerk Cameron D. Benson, City Manager ____ day of ________________, 20___. {SEAL} Approved for Legal Sufficiency: By:___________________________________ Sonja K. Dickens, Esq. (Date) City Attorney 59of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.08.html 1/3   Select Year:   2016 Go The 2016 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163  INTERGOVERNMENTAL PROGRAMS View Entire Chapter 163.08 Supplemental authority for improvements to real property.— (1)(a) In chapter 2008‐227, Laws of Florida, the Legislature amended the energy goal of the state comprehensive plan to provide, in part, that the state shall reduce its energy requirements through enhanced conservation and efficiency measures in all end‐use sectors and reduce atmospheric carbon dioxide by promoting an increased use of renewable energy resources. That act also declared it the public policy of the state to play a leading role in developing and instituting energy management programs that promote energy conservation, energy security, and the reduction of greenhouse gases. In addition to establishing policies to promote the use of renewable energy, the Legislature provided for a schedule of increases in energy performance of buildings subject to the Florida Energy Efficiency Code for Building Construction. In chapter 2008‐191, Laws of Florida, the Legislature adopted new energy conservation and greenhouse gas reduction comprehensive planning requirements for local governments. In the 2008 general election, the voters of this state approved a constitutional amendment authorizing the Legislature, by general law, to prohibit consideration of any change or improvement made for the purpose of improving a property’s resistance to wind damage or the installation of a renewable energy source device in the determination of the assessed value of residential real property. (b) The Legislature finds that all energy‐consuming‐improved properties that are not using energy conservation strategies contribute to the burden affecting all improved property resulting from fossil fuel energy production. Improved property that has been retrofitted with energy‐related qualifying improvements receives the special benefit of alleviating the property’s burden from energy consumption. All improved properties not protected from wind damage by wind resistance qualifying improvements contribute to the burden affecting all improved property resulting from potential wind damage. Improved property that has been retrofitted with wind resistance qualifying improvements receives the special benefit of reducing the property’s burden from potential wind damage. Further, the installation and operation of qualifying improvements not only benefit the affected properties for which the improvements are made, but also assist in fulfilling the goals of the state’s energy and hurricane mitigation policies. In order to make qualifying improvements more affordable and assist property owners who wish to undertake such improvements, the Legislature finds that there is a compelling state interest in enabling property owners to voluntarily finance such improvements with local government assistance. (c) The Legislature determines that the actions authorized under this section, including, but not limited to, the financing of qualifying improvements through the execution of financing agreements and the related imposition of voluntary assessments are reasonable and necessary to serve and achieve a compelling state interest and are necessary for the prosperity and welfare of the state and its property owners and inhabitants. (2) As used in this section, the term: (a) “Local government” means a county, a municipality, a dependent special district as defined in s. 189.012, or a separate legal entity created pursuant to s. 163.01(7). (b) “Qualifying improvement” includes any: 1. Energy conservation and efficiency improvement, which is a measure to reduce consumption through conservation or a more efficient use of electricity, natural gas, propane, or other forms of energy on the property, including, but not limited to, air sealing; installation of insulation; installation of energy‐efficient heating, cooling, 60of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.08.html 2/3 or ventilation systems; building modifications to increase the use of daylight; replacement of windows; installation of energy controls or energy recovery systems; installation of electric vehicle charging equipment; and installation of efficient lighting equipment. 2. Renewable energy improvement, which is the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses one or more of the following fuels or energy sources: hydrogen, solar energy, geothermal energy, bioenergy, and wind energy. 3. Wind resistance improvement, which includes, but is not limited to: a. Improving the strength of the roof deck attachment; b. Creating a secondary water barrier to prevent water intrusion; c. Installing wind‐resistant shingles; d. Installing gable‐end bracing; e. Reinforcing roof‐to‐wall connections; f. Installing storm shutters; or g. Installing opening protections. (3) A local government may levy non‐ad valorem assessments to fund qualifying improvements. (4) Subject to local government ordinance or resolution, a property owner may apply to the local government for funding to finance a qualifying improvement and enter into a financing agreement with the local government. Costs incurred by the local government for such purpose may be collected as a non‐ad valorem assessment. A non‐ad valorem assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), shall not be subject to discount for early payment. However, the notice and adoption requirements of s. 197.3632(4) do not apply if this section is used and complied with, and the intent resolution, publication of notice, and mailed notices to the property appraiser, tax collector, and Department of Revenue required by s. 197.3632(3)(a) may be provided on or before August 15 in conjunction with any non‐ad valorem assessment authorized by this section, if the property appraiser, tax collector, and local government agree. (5) Pursuant to this section or as otherwise provided by law or pursuant to a local government’s home rule power, a local government may enter into a partnership with one or more local governments for the purpose of providing and financing qualifying improvements. (6) A qualifying improvement program may be administered by a for‐profit entity or a not‐for‐profit organization on behalf of and at the discretion of the local government. (7) A local government may incur debt for the purpose of providing such improvements, payable from revenues received from the improved property, or any other available revenue source authorized by law. (8) A local government may enter into a financing agreement only with the record owner of the affected property. Any financing agreement entered into pursuant to this section or a summary memorandum of such agreement shall be recorded in the public records of the county within which the property is located by the sponsoring unit of local government within 5 days after execution of the agreement. The recorded agreement shall provide constructive notice that the assessment to be levied on the property constitutes a lien of equal dignity to county taxes and assessments from the date of recordation. (9) Before entering into a financing agreement, the local government shall reasonably determine that all property taxes and any other assessments levied on the same bill as property taxes are paid and have not been delinquent for the preceding 3 years or the property owner’s period of ownership, whichever is less; that there are no involuntary liens, including, but not limited to, construction liens on the property; that no notices of default or other evidence of property‐based debt delinquency have been recorded during the preceding 3 years or the property owner’s period of ownership, whichever is less; and that the property owner is current on all mortgage debt on the property. (10) A qualifying improvement shall be affixed to a building or facility that is part of the property and shall constitute an improvement to the building or facility or a fixture attached to the building or facility. An agreement between a local government and a qualifying property owner may not cover wind‐resistance improvements in 61of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.08.html 3/3 buildings or facilities under new construction or construction for which a certificate of occupancy or similar evidence of substantial completion of new construction or improvement has not been issued. (11) Any work requiring a license under any applicable law to make a qualifying improvement shall be performed by a contractor properly certified or registered pursuant to part I or part II of chapter 489. (12)(a) Without the consent of the holders or loan servicers of any mortgage encumbering or otherwise secured by the property, the total amount of any non‐ad valorem assessment for a property under this section may not exceed 20 percent of the just value of the property as determined by the county property appraiser. (b) Notwithstanding paragraph (a), a non‐ad valorem assessment for a qualifying improvement defined in subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported by an energy audit is not subject to the limits in this subsection if the audit demonstrates that the annual energy savings from the qualified improvement equals or exceeds the annual repayment amount of the non‐ad valorem assessment. (13) At least 30 days before entering into a financing agreement, the property owner shall provide to the holders or loan servicers of any existing mortgages encumbering or otherwise secured by the property a notice of the owner’s intent to enter into a financing agreement together with the maximum principal amount to be financed and the maximum annual assessment necessary to repay that amount. A verified copy or other proof of such notice shall be provided to the local government. A provision in any agreement between a mortgagee or other lienholder and a property owner, or otherwise now or hereafter binding upon a property owner, which allows for acceleration of payment of the mortgage, note, or lien or other unilateral modification solely as a result of entering into a financing agreement as provided for in this section is not enforceable. This subsection does not limit the authority of the holder or loan servicer to increase the required monthly escrow by an amount necessary to annually pay the qualifying improvement assessment. (14) At or before the time a purchaser executes a contract for the sale and purchase of any property for which a non‐ad valorem assessment has been levied under this section and has an unpaid balance due, the seller shall give the prospective purchaser a written disclosure statement in the following form, which shall be set forth in the contract or in a separate writing: QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE ENERGY, OR WIND RESISTANCE.—The property being purchased is located within the jurisdiction of a local government that has placed an assessment on the property pursuant to s. 163.08, Florida Statutes. The assessment is for a qualifying improvement to the property relating to energy efficiency, renewable energy, or wind resistance, and is not based on the value of property. You are encouraged to contact the county property appraiser’s office to learn more about this and other assessments that may be provided by law. (15) A provision in any agreement between a local government and a public or private power or energy provider or other utility provider is not enforceable to limit or prohibit any local government from exercising its authority under this section. (16) This section is additional and supplemental to county and municipal home rule authority and not in derogation of such authority or a limitation upon such authority. History.—s. 1, ch. 2010‐139; s. 1, ch. 2012‐117; s. 64, ch. 2014‐22. Copyright © 1995‐2017 The Florida Legislature • Privacy Statement • Contact Us 62of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 1/17   Select Year:   2016 Go The 2016 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163  INTERGOVERNMENTAL PROGRAMS View Entire Chapter 163.01 Florida Interlocal Cooperation Act of 1969.— (1) This section shall be known and may be cited as the “Florida Interlocal Cooperation Act of 1969.” (2) It is the purpose of this section to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. (3) As used in this section: (a) “Interlocal agreement” means an agreement entered into pursuant to this section. (b) “Public agency” means a political subdivision, agency, or officer of this state or of any state of the United States, including, but not limited to, state government, county, city, school district, single and multipurpose special district, single and multipurpose public authority, metropolitan or consolidated government, a separate legal entity or administrative entity created under subsection (7), an independently elected county officer, any agency of the United States Government, a federally recognized Native American tribe, and any similar entity of any other state of the United States. (c) “State” means a state of the United States. (d) “Electric project” means: 1. Any plant, works, system, facilities, and real property and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, which is located within or without the state and which is used or useful in the generation, production, transmission, purchase, sale, exchange, or interchange of electric capacity and energy, including facilities and property for the acquisition, extraction, conversion, transportation, storage, reprocessing, or disposal of fuel and other materials of any kind for any such purposes. 2. Any interest in, or right to, the use, services, output, or capacity of any such plant, works, system, or facilities. 3. Any study to determine the feasibility or costs of any of the foregoing, including, but not limited to, engineering, legal, financial, and other services necessary or appropriate to determine the legality and financial and engineering feasibility of any project referred to in subparagraph 1. or subparagraph 2. (e) “Person” means: 1. Any natural person; 2. The United States; any state; any municipality, political subdivision, or municipal corporation created by or pursuant to the laws of the United States or any state; or any board, corporation, or other entity or body declared by or pursuant to the laws of the United States or any state to be a department, agency, or instrumentality thereof; 3. Any corporation, not‐for‐profit corporation, firm, partnership, cooperative association, electric cooperative, or business trust of any nature whatsoever which is organized and existing under the laws of the United States or any state; or 4. Any foreign country; any political subdivision or governmental unit of a foreign country; or any corporation, not‐for‐profit corporation, firm, partnership, cooperative association, electric cooperative, or business trust of any 63of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 2/17 nature whatsoever which is organized and existing under the laws of a foreign country or of a political subdivision or governmental unit thereof. (f) “Electric utility” has the same meaning as in s. 361.11(2). The term also includes those municipalities, authorities, commissions, special districts, or other public bodies that own, maintain, or operate an electrical generation, transmission, or distribution system within the state on June 25, 2008. (g) “Foreign public utility” means any person whose principal location or principal place of business is not located within this state; who owns, maintains, or operates facilities for the generation, transmission, or distribution of electrical energy; and who supplies electricity to retail or wholesale customers, or both, on a continuous, reliable, and dependable basis. “Foreign public utility” also means any affiliate or subsidiary of such person, the business of which is limited to the generation or transmission, or both, of electrical energy and activities reasonably incidental thereto. (h) “Local government liability pool” means a reciprocal insurer as defined in s. 629.021 or any self‐insurance program created pursuant to s. 768.28(16), formed and controlled by counties or municipalities of this state to provide liability insurance coverage for counties, municipalities, or other public agencies of this state, which pool may contract with other parties for the purpose of providing claims administration, processing, accounting, and other administrative facilities. (4) A public agency of this state may exercise jointly with any other public agency of the state, of any other state, or of the United States Government any power, privilege, or authority which such agencies share in common and which each might exercise separately. (5) A joint exercise of power pursuant to this section shall be made by contract in the form of an interlocal agreement, which may provide for: (a) The purpose of such interlocal agreement or the power to be exercised and the method by which the purpose will be accomplished or the manner in which the power will be exercised. (b) The duration of the interlocal agreement and the method by which it may be rescinded or terminated by any participating public agency prior to the stated date of termination. (c) The precise organization, composition, and nature of any separate legal or administrative entity created thereby with the powers designated thereto, if such entity may be legally created. (d) The manner in which the parties to an interlocal agreement will provide from their treasuries the financial support for the purpose set forth in the interlocal agreement; payments of public funds that may be made to defray the cost of such purpose; advances of public funds that may be made for the purposes set forth in the interlocal agreements and repayment thereof; and the personnel, equipment, or property of one or more of the parties to the agreement that may be used in lieu of other contributions or advances. (e) The manner in which funds may be paid to and disbursed by any separate legal or administrative entity created pursuant to the interlocal agreement. (f) A method or formula for equitably providing for and allocating and financing the capital and operating costs, including payments to reserve funds authorized by law and payments of principal and interest on obligations. The method or formula shall be established by the participating parties to the interlocal agreement on a ratio of full valuation of real property, on the basis of the amount of services rendered or to be rendered or benefits received or conferred or to be received or conferred, or on any other equitable basis, including the levying of taxes or assessments to pay such costs on the entire area serviced by the parties to the interlocal agreement, subject to such limitations as may be contained in the constitution and statutes of this state. (g) The manner of employing, engaging, compensating, transferring, or discharging necessary personnel, subject to the provisions of applicable civil service and merit systems. (h) The fixing and collecting of charges, rates, rents, or fees, where appropriate, and the making and promulgation of necessary rules and regulations and their enforcement by or with the assistance of the participating parties to the interlocal agreement. (i) The manner in which purchases shall be made and contracts entered into. (j) The acquisition, ownership, custody, operation, maintenance, lease, or sale of real or personal property. 64of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 3/17 (k) The disposition, diversion, or distribution of any property acquired through the execution of such interlocal agreement. (l) The manner in which, after the completion of the purpose of the interlocal agreement, any surplus money shall be returned in proportion to the contributions made by the participating parties. (m) The acceptance of gifts, grants, assistance funds, or bequests. (n) The making of claims for federal or state aid payable to the individual or several participants on account of the execution of the interlocal agreement. (o) The manner of responding for any liabilities that might be incurred through performance of the interlocal agreement and insuring against any such liability. (p) The adjudication of disputes or disagreements, the effects of failure of participating parties to pay their shares of the costs and expenses, and the rights of the other participants in such cases. (q) The manner in which strict accountability of all funds shall be provided for and the manner in which reports, including an annual independent audit, of all receipts and disbursements shall be prepared and presented to each participating party to the interlocal agreement. (r) Any other necessary and proper matters agreed upon by the participating public agencies. (6) An interlocal agreement may provide for one or more parties to the agreement to administer or execute the agreement. One or more parties to the agreement may agree to provide all or a part of the services set forth in the agreement in the manner provided in the agreement. The parties may provide for the mutual exchange of services without payment of any contribution other than such services. The parties may provide for the use or maintenance of facilities or equipment of another party on a cost‐reimbursement basis. (7)(a) An interlocal agreement may provide for a separate legal or administrative entity to administer or execute the agreement, which may be a commission, board, or council constituted pursuant to the agreement. (b) A separate legal or administrative entity created by an interlocal agreement shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement. The entity may, in addition to its other powers, be authorized in its own name to make and enter into contracts; to employ agencies or employees; to acquire, construct, manage, maintain, or operate buildings, works, or improvements; to acquire, hold, or dispose of property; and to incur debts, liabilities, or obligations which do not constitute the debts, liabilities, or obligations of any of the parties to the agreement. (c) No separate legal or administrative entity created by an interlocal agreement shall possess the power or authority to levy any type of tax within the boundaries of any governmental unit participating in the interlocal agreement, to issue any type of bond in its own name, or in any way to obligate financially a governmental unit participating in the interlocal agreement. However, any separate legal entity, the membership of which consists only of electric utilities as defined in s. 361.11(2) and which is created for the purpose of exercising the powers granted by part II of chapter 361, the Joint Power Act, may, for the purpose of financing or refinancing the costs of an electric project, exercise all powers in connection with the authorization, issuance, and sale of bonds as are conferred by parts I, II, and III of chapter 159 or part II of chapter 166, or both. Any such entity may also issue bond anticipation notes, as provided by s. 215.431, in connection with the authorization, issuance, and sale of such bonds. All of the privileges, benefits, powers, and terms of parts I, II, and III of chapter 159 and part II of chapter 166, notwithstanding any limitations provided above, shall be fully applicable to such entity. In addition, the governing body of such legal entity may also authorize bonds to be issued and sold from time to time and delegate, to such officer, official, or agent of such legal entity as the governing body of such legal entity shall select, the power to determine the time; manner of sale, public or private; maturities; rate or rates of interest, which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer, official, or agent so designated by the governing body of such legal entity. However, the amounts and maturities of such bonds and the interest rate or rates on such bonds shall be within the limits prescribed by the governing body of such legal entity in its resolution delegating to such officer, official, or agent the power to authorize the issuance and sale of such bonds. Bonds issued pursuant to this section may be validated as provided in chapter 75 and paragraph (15)(f). However, the complaint in any action 65of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 4/17 to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published only in Leon County, and the complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in which a public agency participating in the electric project lies. Notice of such proceedings shall be published in the manner and at the time required by s. 75.06 in Leon County and in each county in which any portion of any public agency participating in the electric project lies. (d) Notwithstanding the provisions of paragraph (c), any separate legal entity created pursuant to this section and controlled by the municipalities or counties of this state or by one or more municipality and one or more county of this state, the membership of which consists or is to consist of municipalities only, counties only, or one or more municipality and one or more county, may, for the purpose of financing or refinancing any capital projects, exercise all powers in connection with the authorization, issuance, and sale of bonds. Notwithstanding any limitations provided in this section, all of the privileges, benefits, powers, and terms of part I of chapter 125, part II of chapter 166, and part I of chapter 159 shall be fully applicable to such entity. Bonds issued by such entity shall be deemed issued on behalf of the counties or municipalities which enter into loan agreements with such entity as provided in this paragraph. Any loan agreement executed pursuant to a program of such entity shall be governed by the provisions of part I of chapter 159 or, in the case of counties, part I of chapter 125, or in the case of municipalities and charter counties, part II of chapter 166. Proceeds of bonds issued by such entity may be loaned to counties or municipalities of this state or a combination of municipalities and counties, whether or not such counties or municipalities are also members of the entity issuing the bonds. The issuance of bonds by such entity to fund a loan program to make loans to municipalities or counties or a combination of municipalities and counties with one another for capital projects to be identified subsequent to the issuance of the bonds to fund such loan programs is deemed to be a paramount public purpose. Any entity so created may also issue bond anticipation notes, as provided by s. 215.431, in connection with the authorization, issuance, and sale of such bonds. In addition, the governing body of such legal entity may also authorize bonds to be issued and sold from time to time and may delegate, to such officer, official, or agent of such legal entity as the governing body of such legal entity may select, the power to determine the time; manner of sale, public or private; maturities; rate or rates of interest, which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer, official, or agent so designated by the governing body of such legal entity. However, the amounts and maturities of such bonds and the interest rate or rates of such bonds shall be within the limits prescribed by the governing body of such legal entity and its resolution delegating to such officer, official, or agent the power to authorize the issuance and sale of such bonds. A local government self‐ insurance fund established under this section may financially guarantee bonds or bond anticipation notes issued or loans made under this subsection. Bonds issued pursuant to this paragraph may be validated as provided in chapter 75. The complaint in any action to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published only in Leon County, and the complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county where the public agencies which were initially a party to the agreement are located. Notice of such proceedings shall be published in the manner and the time required by s. 75.06 in Leon County and in each county where the public agencies which were initially a party to the agreement are located. Obligations of any county or municipality pursuant to a loan agreement as described in this paragraph may be validated as provided in chapter 75. (e)1. Notwithstanding the provisions of paragraph (c), any separate legal entity, created pursuant to the provisions of this section and controlled by counties or municipalities of this state, the membership of which consists or is to consist only of public agencies of this state, may, for the purpose of financing the provision or acquisition of liability or property coverage contracts for or from one or more local government liability or property pools to provide liability or property coverage for counties, municipalities, or other public agencies of this state, exercise all powers in connection with the authorization, issuance, and sale of bonds. All of the privileges, benefits, powers, and terms of s. 125.01 relating to counties and s. 166.021 relating to municipalities shall be fully applicable to such 66of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 5/17 entity and such entity shall be considered a unit of local government for all of the privileges, benefits, powers, and terms of part I of chapter 159. Bonds issued by such entity shall be deemed issued on behalf of counties, municipalities, or public agencies which enter into loan agreements with such entity as provided in this paragraph. Proceeds of bonds issued by such entity may be loaned to counties, municipalities, or other public agencies of this state, whether or not such counties, municipalities, or other public agencies are also members of the entity issuing the bonds, and such counties, municipalities, or other public agencies may in turn deposit such loan proceeds with a separate local government liability or property pool for purposes of providing or acquiring liability or property coverage contracts. 2. Counties or municipalities of this state are authorized pursuant to this section, in addition to the authority provided by s. 125.01, part II of chapter 166, and other applicable law, to issue bonds for the purpose of acquiring liability coverage contracts from a local government liability pool. Any individual county or municipality may, by entering into interlocal agreements with other counties, municipalities, or public agencies of this state, issue bonds on behalf of itself and other counties, municipalities, or other public agencies, for purposes of acquiring a liability coverage contract or contracts from a local government liability pool. Counties, municipalities, or other public agencies are also authorized to enter into loan agreements with any entity created pursuant to subparagraph 1., or with any county or municipality issuing bonds pursuant to this subparagraph, for the purpose of obtaining bond proceeds with which to acquire liability coverage contracts from a local government liability pool. No county, municipality, or other public agency shall at any time have more than one loan agreement outstanding for the purpose of obtaining bond proceeds with which to acquire liability coverage contracts from a local government liability pool. Obligations of any county, municipality, or other public agency of this state pursuant to a loan agreement as described above may be validated as provided in chapter 75. Prior to the issuance of any bonds pursuant to subparagraph 1. or this subparagraph for the purpose of acquiring liability coverage contracts from a local government liability pool, the reciprocal insurer or the manager of any self‐insurance program shall demonstrate to the satisfaction of the Office of Insurance Regulation of the Financial Services Commission that excess liability coverage for counties, municipalities, or other public agencies is reasonably unobtainable in the amounts provided by such pool or that the liability coverage obtained through acquiring contracts from a local government liability pool, after taking into account costs of issuance of bonds and any other administrative fees, is less expensive to counties, municipalities, or special districts than similar commercial coverage then reasonably available. 3. Any entity created pursuant to this section or any county or municipality may also issue bond anticipation notes, as provided by s. 215.431, in connection with the authorization, issuance, and sale of such bonds. In addition, the governing body of such legal entity or the governing body of such county or municipality may also authorize bonds to be issued and sold from time to time and may delegate, to such officer, official, or agent of such legal entity as the governing body of such legal entity may select, the power to determine the time; manner of sale, public or private; maturities; rate or rates of interest, which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer, official, or agent so designated by the governing body of such legal entity. However, the amounts and maturities of such bonds and the interest rate or rates of such bonds shall be within the limits prescribed by the governing body of such legal entity and its resolution delegating to such officer, official, or agent the power to authorize the issuance and sale of such bonds. Any series of bonds issued pursuant to this paragraph for liability coverage shall mature no later than 7 years following the date of issuance. A series of bonds issued pursuant to this paragraph for property coverage shall mature no later than 30 years following the date of issuance. 4. Bonds issued pursuant to subparagraph 1. may be validated as provided in chapter 75. The complaint in any action to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published in Leon County and in each county which is an owner of the entity issuing the bonds, or in which a member of the entity is located, and the complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county or municipality which is an owner of the entity issuing the bonds or in which a member of the entity is located. 67of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 6/17 5. Bonds issued pursuant to subparagraph 2. may be validated as provided in chapter 75. The complaint in any action to validate such bonds shall be filed in the circuit court of the county or municipality which will issue the bonds. The notice required to be published by s. 75.06 shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the state attorney of the circuit in the county or municipality which will issue the bonds. 6. The participation by any county, municipality, or other public agency of this state in a local government liability pool shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered regarding such a local government liability pool be required to contain any provision for waiver. (f) Notwithstanding anything to the contrary, any separate legal entity, created pursuant to the provisions of this section, wholly owned by the municipalities or counties of this state, the membership of which consists or is to consist only of municipalities or counties of this state, may exercise the right and power of eminent domain, including the procedural powers under chapters 73 and 74, if such right and power is granted to such entity by the interlocal agreement creating the entity. (g)1. Notwithstanding any other provisions of this section, any separate legal entity created under this section, the membership of which is limited to municipalities and counties of the state, and which may include a special district in addition to a municipality or county or both, may acquire, own, construct, improve, operate, and manage public facilities, or finance facilities on behalf of any person, relating to a governmental function or purpose, including, but not limited to, wastewater facilities, water or alternative water supply facilities, and water reuse facilities, which may serve populations within or outside of the members of the entity. Notwithstanding s. 367.171(7), any separate legal entity created under this paragraph is not subject to Public Service Commission jurisdiction. The separate legal entity may not provide utility services within the service area of an existing utility system unless it has received the consent of the utility. 2. For purposes of this paragraph, the term: a. “Host government” means the governing body of the county, if the largest number of equivalent residential connections currently served by a system of the utility is located in the unincorporated area, or the governing body of a municipality, if the largest number of equivalent residential connections currently served by a system of the utility is located within that municipality’s boundaries. b. “Separate legal entity” means any entity created by interlocal agreement the membership of which is limited to two or more special districts, municipalities, or counties of the state, but which entity is legally separate and apart from any of its member governments. c. “System” means a water or wastewater facility or group of such facilities owned by one entity or affiliate entities. d. “Utility” means a water or wastewater utility and includes every person, separate legal entity, lessee, trustee, or receiver owning, operating, managing, or controlling a system, or proposing construction of a system, who is providing, or proposes to provide, water or wastewater service to the public for compensation. 3. A separate legal entity that seeks to acquire any utility shall notify the host government in writing by certified mail about the contemplated acquisition not less than 30 days before any proposed transfer of ownership, use, or possession of any utility assets by such separate legal entity. The potential acquisition notice shall be provided to the legislative head of the governing body of the host government and to its chief administrative officer and shall provide the name and address of a contact person for the separate legal entity and information identified in s. 367.071(4)(a) concerning the contemplated acquisition. 4.a. Within 30 days following receipt of the notice, the host government may adopt a resolution to become a member of the separate legal entity, adopt a resolution to approve the utility acquisition, or adopt a resolution to prohibit the utility acquisition by the separate legal entity if the host government determines that the proposed acquisition is not in the public interest. A resolution adopted by the host government which prohibits the acquisition may include conditions that would make the proposal acceptable to the host government. b. If a host government adopts a membership resolution, the separate legal entity shall accept the host government as a member on the same basis as its existing members before any transfer of ownership, use, or 68of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 7/17 possession of the utility or the utility facilities. If a host government adopts a resolution to approve the utility acquisition, the separate legal entity may complete the acquisition. If a host government adopts a prohibition resolution, the separate legal entity may not acquire the utility within that host government’s territory without the specific consent of the host government by future resolution. If a host government does not adopt a prohibition resolution or an approval resolution, the separate legal entity may proceed to acquire the utility after the 30‐day notice period without further notice. 5. After the acquisition or construction of any utility systems by a separate legal entity created under this paragraph, revenues or any other income may not be transferred or paid to a member of a separate legal entity, or to any other special district, county, or municipality, from user fees or other charges or revenues generated from customers that are not physically located within the jurisdictional or service delivery boundaries of the member, special district, county, or municipality receiving the transfer or payment. Any transfer or payment to a member, special district, or other local government must be solely from user fees or other charges or revenues generated from customers that are physically located within the jurisdictional or service delivery boundaries of the member, special district, or local government receiving the transfer of payment. 6. This section is an alternative provision otherwise provided by law as authorized in s. 4, Art. VIII of the State Constitution for any transfer of power as a result of an acquisition of a utility by a separate legal entity from a municipality, county, or special district. 7. The entity may finance or refinance the acquisition, construction, expansion, and improvement of such facilities relating to a governmental function or purpose through the issuance of its bonds, notes, or other obligations under this section or as otherwise authorized by law. The entity has all the powers provided by the interlocal agreement under which it is created or which are necessary to finance, own, operate, or manage the public facility, including, without limitation, the power to establish rates, charges, and fees for products or services provided by it, the power to levy special assessments, the power to sell or finance all or a portion of such facility, and the power to contract with a public or private entity to manage and operate such facilities or to provide or receive facilities, services, or products. Except as may be limited by the interlocal agreement under which the entity is created, all of the privileges, benefits, powers, and terms of s. 125.01, relating to counties, and s. 166.021, relating to municipalities, are fully applicable to the entity. However, neither the entity nor any of its members on behalf of the entity may exercise the power of eminent domain over the facilities or property of any existing water or wastewater plant utility system, nor may the entity acquire title to any water or wastewater plant utility facilities, other facilities, or property which was acquired by the use of eminent domain after the effective date of this act. Bonds, notes, and other obligations issued by the entity are issued on behalf of the public agencies that are members of the entity. 8. Any entity created under this section may also issue bond anticipation notes in connection with the authorization, issuance, and sale of bonds. The bonds may be issued as serial bonds or as term bonds or both. Any entity may issue capital appreciation bonds or variable rate bonds. Any bonds, notes, or other obligations must be authorized by resolution of the governing body of the entity and bear the date or dates; mature at the time or times, not exceeding 40 years from their respective dates; bear interest at the rate or rates; be payable at the time or times; be in the denomination; be in the form; carry the registration privileges; be executed in the manner; be payable from the sources and in the medium or payment and at the place; and be subject to the terms of redemption, including redemption prior to maturity, as the resolution may provide. If any officer whose signature, or a facsimile of whose signature, appears on any bonds, notes, or other obligations ceases to be an officer before the delivery of the bonds, notes, or other obligations, the signature or facsimile is valid and sufficient for all purposes as if he or she had remained in office until the delivery. The bonds, notes, or other obligations may be sold at public or private sale for such price as the governing body of the entity shall determine. Pending preparation of the definitive bonds, the entity may issue interim certificates, which shall be exchanged for the definitive bonds. The bonds may be secured by a form of credit enhancement, if any, as the entity deems appropriate. The bonds may be secured by an indenture of trust or trust agreement. In addition, the governing body of the legal entity may delegate, to an officer, official, or agent of the legal entity as the governing body of the legal entity may select, the power to 69of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 8/17 determine the time; manner of sale, public or private; maturities; rate of interest, which may be fixed or may vary at the time and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer, official, or agent so designated by the governing body of the legal entity. However, the amount and maturity of the bonds, notes, or other obligations and the interest rate of the bonds, notes, or other obligations must be within the limits prescribed by the governing body of the legal entity and its resolution delegating to an officer, official, or agent the power to authorize the issuance and sale of the bonds, notes, or other obligations. 9. Bonds, notes, or other obligations issued under this paragraph may be validated as provided in chapter 75. The complaint in any action to validate the bonds, notes, or other obligations must be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 must be published in Leon County and in each county that is a member of the entity issuing the bonds, notes, or other obligations, or in which a member of the entity is located, and the complaint and order of the circuit court must be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county that is a member of the entity issuing the bonds, notes, or other obligations or in which a member of the entity is located. Section 75.04(2) does not apply to a complaint for validation brought by the legal entity. 10. The accomplishment of the authorized purposes of a legal entity created under this paragraph is in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. Since the legal entity will perform essential governmental functions in accomplishing its purposes, the legal entity is not required to pay any taxes or assessments of any kind whatsoever upon any property acquired or used by it for such purposes or upon any revenues at any time received by it. The bonds, notes, and other obligations of an entity, their transfer, and the income therefrom, including any profits made on the sale thereof, are at all times free from taxation of any kind by the state or by any political subdivision or other agency or instrumentality thereof. The exemption granted in this subparagraph is not applicable to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations. (h)1. Notwithstanding the provisions of paragraph (c), any separate legal entity consisting of an alliance, as defined in s. 395.106(2)(a), created pursuant to this paragraph and controlled by and whose members consist of eligible entities comprised of special districts created pursuant to a special act and having the authority to own or operate one or more hospitals licensed in this state or hospitals licensed in this state that are owned, operated, or funded by a county or municipality, for the purpose of providing property insurance coverage as defined in s. 395.106(2)(b), for such eligible entities, may exercise all powers under this subsection in connection with borrowing funds for such purposes, including, without limitation, the authorization, issuance, and sale of bonds, notes, or other obligations of indebtedness. Borrowed funds, including, but not limited to, bonds issued by such alliance shall be deemed issued on behalf of such eligible entities that enter into loan agreements with such separate legal entity as provided in this paragraph. 2. Any such separate legal entity shall have all the powers that are provided by the interlocal agreement under which the entity is created or that are necessary to finance, operate, or manage the alliance’s property insurance coverage program. Proceeds of bonds, notes, or other obligations issued by such an entity may be loaned to any one or more eligible entities. Such eligible entities are authorized to enter into loan agreements with any separate legal entity created pursuant to this paragraph for the purpose of obtaining moneys with which to finance property insurance coverage or claims. Obligations of any eligible entity pursuant to a loan agreement as described in this paragraph may be validated as provided in chapter 75. 3. Any bonds, notes, or other obligations to be issued or incurred by a separate legal entity created pursuant to this paragraph shall be authorized by resolution of the governing body of such entity and bear the date or dates; mature at the time or times, not exceeding 30 years from their respective dates; bear interest at the rate or rates, which may be fixed or vary at such time or times and in accordance with a specified formula or method of determination; be payable at the time or times; be in the denomination; be in the form; carry the registration privileges; be executed in the manner; be payable from the sources and in the medium of payment and at the place; and be subject to redemption, including redemption prior to maturity, as the resolution may provide. The bonds, 70of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 9/17 notes, or other obligations may be sold at public or private sale for such price as the governing body of the separate legal entity shall determine. The bonds may be secured by such credit enhancement, if any, as the governing body of the separate legal entity deems appropriate. The bonds may be secured by an indenture of trust or trust agreement. In addition, the governing body of the separate legal entity may delegate, to such officer or official of such entity as the governing body may select, the power to determine the time; manner of sale, public or private; maturities; rate or rates of interest, which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer or official so designated by the governing body of such separate legal entity. However, the amounts and maturities of such bonds, the interest rate or rates, and the purchase price of such bonds shall be within the limits prescribed by the governing body of such separate legal entity in its resolution delegating to such officer or official the power to authorize the issuance and sale of such bonds. 4. Bonds issued pursuant to this paragraph may be validated as provided in chapter 75. The complaint in any action to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published in Leon County and in each county in which an eligible entity that is a member of an alliance is located. The complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county in which an eligible entity receiving bond proceeds is located. 5. The accomplishment of the authorized purposes of a separate legal entity created under this paragraph is deemed in all respects for the benefit, increase of the commerce and prosperity, and improvement of the health and living conditions of the people of this state. Inasmuch as the separate legal entity performs essential public functions in accomplishing its purposes, the separate legal entity is not required to pay any taxes or assessments of any kind upon any property acquired or used by the entity for such purposes or upon any revenues at any time received by the entity. The bonds, notes, and other obligations of such separate legal entity, the transfer of and income from such bonds, notes, and other obligations, including any profits made on the sale of such bonds, notes, and other obligations, are at all times free from taxation of any kind of the state or by any political subdivision or other agency or instrumentality of the state. The exemption granted in this paragraph does not apply to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations. 6. The participation by any eligible entity in an alliance or a separate legal entity created pursuant to this paragraph may not be deemed a waiver of immunity to the extent of liability or any other coverage, and a contract entered regarding such alliance is not required to contain any provision for waiver. (8) If the purpose set forth in an interlocal agreement is the acquisition, construction, or operation of a revenue‐ producing facility, the agreement may provide for the repayment or return to the parties of all or any part of the contributions, payments, or advances made by the parties pursuant to subsection (5) and for payment to the parties of any sum derived from the revenues of such facility. Payments, repayments, or returns shall be made at any time and in the manner specified in the agreement and may be made at any time on or prior to the rescission or termination of the agreement or completion of the purposes of the agreement. (9)(a) All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers’ compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under the provisions of any such interlocal agreement. (b) An interlocal agreement does not relieve a public agency of any obligation or responsibility imposed upon it by law except to the extent of actual and timely performance thereof by one or more of the parties to the agreement or any legal or administrative entity created by the agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility. (c) All of the privileges and immunities from liability and exemptions from laws, ordinances, and rules which apply to the municipalities and counties of this state apply to the same degree and extent to any separate legal 71of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 10/17 entity, created pursuant to the provisions of this section, wholly owned by the municipalities or counties of this state, the membership of which consists or is to consist only of municipalities or counties of this state, unless the interlocal agreement creating such entity provides to the contrary. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pension and relief, disability, and worker’s compensation, and other benefits which apply to the activity of officers, agents, employees, or employees of agents of counties and municipalities of this state which are parties to an interlocal agreement creating a separate legal entity pursuant to the provisions of this section shall apply to the same degree and extent to the officers, agents, or employees of such entity unless the interlocal agreement creating such entity provides to the contrary. (10)(a) A public agency entering into an interlocal agreement may appropriate funds and sell, give, or otherwise supply any party designated to operate the joint or cooperative undertaking such personnel, services, facilities, property, franchises, or funds thereof as may be within its legal power to furnish. (b) A public agency entering into an interlocal agreement may receive grants‐in‐aid or other assistance funds from the United States Government or this state for use in carrying out the purposes of the interlocal agreement. (11) Prior to its effectiveness, an interlocal agreement and subsequent amendments thereto shall be filed with the clerk of the circuit court of each county where a party to the agreement is located. However, if the parties to the agreement are located in multiple counties and the agreement under subsection (7) provides for a separate legal entity or administrative entity to administer the agreement, the interlocal agreement and any amendments thereto may be filed with the clerk of the circuit court in the county where the legal or administrative entity maintains its principal place of business. (12) Any public agency entering into an agreement pursuant to this section may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish. (13) The powers and authority granted by this section shall be in addition and supplemental to those granted by any other general, local, or special law. Nothing contained herein shall be deemed to interfere with the application of any other law. (14) This section is intended to authorize the entry into contracts for the performance of service functions of public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. (15) Notwithstanding any other provision of this section or of any other law except s. 361.14, any public agency of this state which is an electric utility, or any separate legal entity created pursuant to the provisions of this section, the membership of which consists only of electric utilities, and which exercises or proposes to exercise the powers granted by part II of chapter 361, the Joint Power Act, may exercise any or all of the following powers: (a) Any such public agency or legal entity, or both, may plan, finance, acquire, construct, reconstruct, own, lease, operate, maintain, repair, improve, extend, or otherwise participate jointly in one or more electric projects, which are proposed, existing, or under construction and which are located or to be located within or without this state, with any one or more of the following: 1. Any such legal entity; 2. One or more electric utilities; 3. One or more foreign public utilities; or 4. Any other person, if the right to full possession and to all of the use, services, output, and capacity of any such electric project during the original estimated useful life thereof is vested, subject to creditors’ rights, in any one or more of such legal entities, electric utilities, or foreign public utilities, or in any combination thereof. Any such public agency or legal entity, or both, may act as agent or designate one or more persons, whether or not participating in an electric project, to act as its agent in connection with the planning, design, engineering, licensing, acquisition, construction, completion, management, control, operation, maintenance, repair, renewal, addition, replacement, improvement, 72of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 11/17 modification, insuring, decommissioning, cleanup, retirement, or disposal, or all of the foregoing, of such electric project or electric projects. (b)1. In any case in which any such public agency or legal entity, or both, participate in an electric project with any one or more of the following: a. Any such legal entity; b. One or more electric utilities; c. One or more foreign public utilities; or d. Any other person, and if the right to full possession and to all of the use, services, output, and capacity of any such electric project during the original estimated useful life thereof is vested, subject to creditors’ rights, in any one or more of such legal entities, electric utilities, or foreign public utilities, or in any combination thereof, such public agency or legal entity, or both, may enter into an agreement or agreements with respect to such electric project with the other person or persons participating therein, and such legal entity may enter into an agreement or agreements with one or more public agencies who are parties to the interlocal agreement creating such legal entity. Any such agreement may be for such period, including, but not limited to, an unspecified period, and may contain such other terms, conditions, and provisions, consistent with the provisions of this section, as the parties thereto shall determine. In connection with entry into and performance pursuant to any such agreement, with the selection of any person or persons with which any such public agency or legal entity, or both, may enter into any such agreement, and with the selection of any electric project to which such agreement may relate, no such public agency or legal entity shall be required to comply with any general, local, or special statute, including, but not limited to, the provisions of s. 287.055, or with any charter provision of any public agency, which would otherwise require public bidding, competitive negotiation, or both. 2. Any such agreement may include, but need not be limited to, any or all of the following: a. Provisions defining what constitutes a default thereunder and providing for the rights and remedies of the parties thereto upon the occurrence of such a default, including, without limitation, the right to discontinue the delivery of products or services to a defaulting party and requirements that the remaining parties not in default who are entitled to receive products or services from the same electric project may be required to pay for and use or otherwise dispose of, on a proportionate or other basis, all or some portion of the products and services which were to be purchased by the defaulting party. b. Provisions granting one or more of the parties the option to purchase the interest or interests of one or more other parties in the electric project upon such occurrences, and at such times and pursuant to such terms and conditions, as the parties may agree, notwithstanding the limitations on options in the provisions of any law to the contrary. c. Provisions setting forth restraints on alienation of the interests of the parties in the electric project. d. Provisions for the planning, design, engineering, licensing, acquisition, construction, completion, management, control, operation, maintenance, repair, renewal, addition, replacement, improvement, modification, insuring, decommissioning, cleanup, retirement, or disposal, or all of the foregoing of such electric project by any one or more of the parties to such agreement, which party or parties may be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto or by such other means as may be determined by the parties thereto. e. Provisions for a method or methods of determining and allocating among or between the parties the costs of planning, design, engineering, licensing, acquisition, construction, completion, management, control, operation, maintenance, repair, renewal, addition, replacement, improvement, modification, insuring, decommissioning, cleanup, retirement, or disposal, or all of the foregoing with respect to such electric project. f. Provisions that any such public agency or legal entity, or both, will not rescind, terminate, or amend any contract or agreement relating to such electric project without the consent of one or more persons with which such public agency or legal entity, or both, have entered into an agreement pursuant to this section or without the 73of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 12/17 consent of one or more persons with whom any such public agency or legal entity, or both, have made a covenant or who are third‐party beneficiaries of any such covenant. g. Provisions whereby any such public agency or legal entity, or both, are obligated to pay for the products and services of such electric project and the support of such electric project, including, without limitation, those activities set forth in sub‐subparagraph d., without setoff or counterclaim and irrespective of whether such products or services are furnished, made available, or delivered to such public agency or legal entity, or both, or whether any electric project contemplated by such contract or agreement is completed, operable, or operating, and notwithstanding suspension, interruption, interference, reduction, or curtailment of the products and services of such electric project and notwithstanding the quality, or failure, of performance of any one or more of the activities set forth in sub‐subparagraph d. with respect to such electric project. h. Provisions that in the event of the failure or refusal of any such public agency or legal entity, or both, to perform punctually any specified covenant or obligation contained in or undertaken pursuant to any such agreement, any one or more parties to such agreement or any one or more persons who have been designated in such agreement as third‐party beneficiaries of such covenant or obligation may enforce the performance of such public agency or legal entity by an action at law or in equity, including, but not limited to, specific performance or mandamus. i. Provisions obligating any such public agency or legal entity, or both, to indemnify, including, without limitation, indemnification against the imposition or collection of local, state, or federal taxes and interest or penalties related thereto, or payments made in lieu thereof, to hold harmless, or to waive claims or rights for recovery, including claims or rights for recovery based on sole negligence, gross negligence, any other type of negligence, or any other act or omission, intentional or otherwise, against one or more of the other parties to such agreement. Such provisions may define the class or classes of persons for whose acts, intentional or otherwise, a party shall not be responsible; and all of such provisions may be upon such terms and conditions as the parties thereto shall determine. j. Provisions obligating any such public agency or legal entity, or both, not to dissolve until all principal and interest payments for all bonds and other evidences of indebtedness issued by such public agency or legal entity, or both, have been paid or otherwise provided for and until all contractual obligations and duties of such public agency or legal entity have been fully performed or discharged, or both. k. Provisions obligating any such public agency or legal entity, or both, to establish, levy, and collect rents, rates, and other charges for the products and services provided by such legal entity or provided by the electric or other integrated utility system of such public agency, which rents, rates, and other charges shall be at least sufficient to meet the operation and maintenance expenses of such electric or integrated utility system; to comply with all covenants pertaining thereto contained in, and all other provisions of, any resolution, trust indenture, or other security agreement relating to any bonds or other evidences of indebtedness issued or to be issued by any such public agency or legal entity; to generate funds sufficient to fulfill the terms of all other contracts and agreements made by such public agency or legal entity, or both; and to pay all other amounts payable from or constituting a lien or charge on the revenues derived from the products and services of such legal entity or constituting a lien or charge on the revenues of the electric or other integrated utility system of such public agency. l. Provisions obligating such legal entity to enforce the covenants and obligations of each such public agency with which such legal entity has entered into a contract or agreement with respect to such electric project. m. Provisions obligating such legal entity not to permit any such public agency to withdraw from such legal entity until all contractual obligations and duties of such legal entity and of each such public agency with which it has entered into a contract or agreement with respect to such electric project have been fully performed, discharged, or both. n. Provisions obligating each such public agency which has entered into a contract or agreement with such legal entity with respect to an electric project not to withdraw from, or cause or participate in the dissolution of, such legal entity until all duties and obligations of such legal entity and of each such public agency arising from all contracts and agreements entered into by such public agency or legal entity, or both, have been fully performed, discharged, or both. 74of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 13/17 o. Provisions obligating each such public agency which has entered into a contract or agreement with such legal entity or which has entered into a contract or agreement with any other person or persons with respect to such electric project to maintain its electric or other integrated utility system in good repair and operating condition until all duties and obligations of each such public agency and of each such legal entity arising out of all contracts and agreements with respect to such electric project entered into by each such public agency or legal entity, or both, have been fully performed, discharged, or both. 3. All actions taken by an agent designated in accordance with the provisions of any such agreement may, if so provided in the agreement, be made binding upon such public agency or legal entity, or both, without further action or approval by such public agency or legal entity, or both. Any agent or agents designated in any such agreement shall be governed by the laws and rules applicable to such agent as a separate entity and not by any laws or rules which may be applicable to any of the other participating parties and not otherwise applicable to the agent. (c) Any such legal entity may acquire services, output, capacity, energy, or any combination thereof only from: 1. An electric project in which it has an ownership interest; or 2. Any other source: a. To the extent of replacing the services, output, capacity, energy, or combination thereof of its share of an electric project when the output or capacity of such electric project is reduced or unavailable; or b. At any time and in any amount for resale to any of its members as necessary to meet their retail load requirements. However, under sub‐subparagraph 2.b., such legal entity may not purchase wholesale power for resale to any of its members from any electric utility as a result of any legal proceeding commenced by the legal entity or any of its members after January 1, 1982, before any state or federal court or administrative body, to the extent that such purchase or proceeding would involuntarily expand the responsibility of the electric utility to provide such wholesale power. (d) Any such legal entity may sell services, output, capacity, energy, or any combination thereof only to: 1. Its members to meet their retail load requirements; 2. Other electric utilities or foreign public utilities which have ownership interests in, or contractual arrangements which impose on such electric utilities or foreign public utilities obligations which are the economic equivalents of ownership interests in, the electric project from which such services, output, capacity, energy, or combination thereof is to be acquired; 3. Any other electric utility or foreign public utility to dispose of services, output, capacity, energy, or any combination thereof that is surplus to the requirements of such legal entity: a. If such surplus results from default by one or more of the members of such legal entity under a contract or contracts for the purchase of such services, output, capacity, energy, or combination thereof; and b. If the revenues from such contract or contracts are pledged as security for payment of bonds or other evidences of indebtedness issued by such legal entity or if such revenues are required by such legal entity to meet its obligations under any contract or agreement entered into by such legal entity pursuant to paragraph (b); 4. Any other electric utility or foreign public utility for a period not to exceed 5 years from the later to occur of the date of commercial operation of, or the date of acquisition by such legal entity of any ownership interest in or right to acquire services, output, capacity, energy, or any combination thereof from, the electric project from which such services, output, capacity, energy, or combination thereof is to be acquired, if: a. One or more members of such legal entity have contracted to purchase such services, output, capacity, energy, or combination thereof from such legal entity commencing upon the expiration of such period; and b. Such services, output, capacity, energy, or combination thereof, if acquired commencing at an earlier time, could have been reasonably predicted to create a surplus or surpluses in the electric system or systems of such member or members during such period, when added to services, output, capacity, energy, or any combination thereof available to such member or members during such period from facilities owned by such member or members or pursuant to one or more then‐existing firm contractual obligations which are not terminable prior to the end of such period without payment of a penalty, or both; or 75of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 14/17 5. Any combination of the above. Nothing contained in this paragraph shall prevent such legal entity from selling the output of its ownership interest in any such electric project to any electric utility or foreign public utility as emergency, scheduled maintenance, or economy interchange service. (e) All obligations and covenants of any such public agency or legal entity, or both, contained in any contract or agreement, which contract or agreement and obligations and covenants are authorized, permitted, or contemplated by this section, shall be the legal, valid, and binding obligations and covenants of the public agency or legal entity undertaking such obligations or making such covenants; and each such obligation or covenant shall be enforceable in accordance with its terms. (f) When contract payments by any such public agency contracting with any such legal entity or revenues of any such public agency contracting with any other person or persons with respect to an electric project are to be pledged as security for the payment of bonds or other evidences of indebtedness sought to be validated, the complaint for validation may make parties defendant to such action, in addition to the state and the taxpayers, property owners, and citizens of the county in which the complaint for validation is filed, including nonresidents owning property or subject to taxation therein: 1. Every public agency the contract payments of which are to be so pledged. 2. Any other person contracting with such public agency or legal entity, or both, in any manner relating to such electric project, and particularly with relation to any ownership or operation of any electric project; the supplying of electrical energy to such public agency or legal entity, or both; or the taking or purchase of electrical energy from the electric project. 3. The taxpayers, property owners, and citizens of each county or municipality in which each such public agency is located, including nonresidents owning property or subject to taxation therein, and the holders of any outstanding debt obligations of any such public agency or legal entity. All such parties who are made defendants and over whom the court acquires jurisdiction in such validation proceedings shall be required to show cause, if any exists, why such contract or agreement and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the matters and conditions which are imposed on the parties to such contract or agreement and all such undertakings thereof adjudicated to be valid and binding on the parties thereto. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and published pursuant to the provisions of paragraph (7)(c); and a copy of the complaint in such proceedings, together with a copy of such notice, shall be served on each party defendant referred to in subparagraphs 1. and 2. who is made a defendant and over whom the court acquires jurisdiction in such validation proceedings. Any person resident of this state or any person not a resident of, or located within, this state, whether or not authorized to transact business in this state, who contracts with any such public agency or legal entity, or both, in any manner relating to such electric project, may intervene in the validation proceedings at or before the time set for the validation hearing and assert any ground or objection to the validity and binding effect of such contract or agreement on his or her own behalf and on behalf of any such public agency and of all citizens, residents, and property owners of the state. No appeal may be taken by any person who was not a party of record in such proceedings at the time the judgment appealed from was rendered. An adjudication as to the validity of any such contract or agreement from which no appeal has been taken within the time permitted by law from the date of entry of the judgment of validation or, if an appeal is filed, which is confirmed on appeal shall be forever conclusive and binding upon such legal entity and all such parties who are made defendants and over whom the court acquires jurisdiction in such validation proceedings. (g) Each such public agency or legal entity, or both, which contracts with any other person or persons with respect to the ownership or operation of any electric project, and each such public agency which contracts with any legal entity for the support of, or supply of, power from an electric project, is authorized to pledge to such other person or persons or such legal entity, or both, for the benefit of such electric project all or any portion of the revenues derived or to be derived: 76of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 15/17 1. In the case of any such public agency, from the ownership and operation of its electric or other integrated utility system; and 2. In the case of a legal entity, from the provision of products and services by it; and to pledge to such other person or persons or such legal entity, or both, for the benefit of such electric project any securities, contract rights, and other property. Each such legal entity is also authorized to pledge to, or for the benefit of, the holders of any bonds, notes, or other evidences of indebtedness issued by such legal entity, as security for the payment thereof, any revenues, securities, contract rights, or other property. Any such pledge shall specify the priority and ranking of such pledge in respect of other pledges, if any, of the same revenues, securities, contract rights, or other property by such public agency or legal entity. Any pledge of revenues, securities, contract rights, or other property made by any such public agency or legal entity, or both, pursuant to this section shall be valid and binding from the date the pledge is made. The revenues, securities, contract rights, or other property so pledged and then held or thereafter received by such public agency or legal entity, or any fiduciary, or such other person or persons shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, in contract, or otherwise against the public agency or legal entity making such pledge, without regard to whether such parties have notice thereof. The resolution, trust indenture, security agreement, or other instrument by which a pledge is created need not be filed or recorded in any manner. (h) Any such legal entity is authorized and empowered to sue and be sued in its own name. In the event that any such public agency or legal entity enters into a contract or an agreement with respect to an electric project located in another state, or owns an interest in an electric project located in another state, an action against such public agency or legal entity may be brought in the federal or state courts located in such state. (i) The provisions of this subsection shall be liberally construed to effect the purposes hereof. The powers conferred by the provisions of this subsection shall be in addition and supplementary to the powers conferred by the other provisions of this section, by any other general, local, or special law, or by any charter of any public agency. When the exercise of any power conferred on any public agency or any legal entity by the provisions of this subsection would conflict with any limitation or requirement upon such public agency or such legal entity contained in the other provisions of this section, in any other general, local, or special law, except s. 361.14, or in the charter of such public agency, such limitation or requirement shall be superseded by the provisions of this subsection for the purposes of the exercise of such power pursuant to the provisions of this subsection. (j) While any bonds or other evidences of indebtedness issued by any such public agency or any such legal entity pursuant to the authority granted by paragraph (7)(c) or other applicable law remain outstanding, or while any such public agency or any such legal entity has any undischarged duties or obligations under any contract or agreement, including, but not limited to, obligations to any operator or joint owner of any electric project, the powers, duties, or existence of such public agency or such legal entity or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect materially and adversely the interests and rights of the owners of such bonds or other evidences of indebtedness or the persons to whom such duties or obligations are owed under such contract or agreement. The provisions of this subsection shall be for the benefit of the state, each such public agency, each such legal entity, every owner of the bonds of each such legal entity or public agency, and every other person to whom such public agency or such legal entity owes a duty or is obligated by contract or agreement; and, upon and after the earlier of the execution and delivery by any public agency or legal entity, pursuant to this section, of any contract or agreement to any person with respect to an electric project, or the issuance of such bonds or other evidences of indebtedness, the provisions of this subsection shall constitute an irrevocable contract by the state with the owners of the bonds or other evidences of indebtedness issued by such public agency or legal entity and with the other person or persons to whom any such public agency or legal entity owes a duty or is obligated by any such contract or agreement. (k) The limitations on waiver in the provisions of s. 768.28 or any other law to the contrary notwithstanding, the Legislature, in accordance with s. 13, Art. X of the State Constitution, hereby declares that any such legal entity or any public agency of this state that participates in any electric project waives its sovereign immunity to: 77of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 16/17 1. All other persons participating therein; and 2. Any person in any manner contracting with a legal entity of which any such public agency is a member, with relation to: a. Ownership, operation, or any other activity set forth in sub‐subparagraph (b)2.d. with relation to any electric project; or b. The supplying or purchasing of services, output, capacity, energy, or any combination thereof. (l) Notwithstanding the definition of “electric project” contained in paragraph (3)(d), or any other provision of this subsection or of part II of chapter 361 limiting the parties which may participate jointly in electric projects, any public agency of this state which is an electric utility, or any separate legal entity created pursuant to the provisions of this section, the membership of which consists only of electric utilities, and which exercises or proposes to exercise the powers granted by part II of chapter 361, may exercise any or all of the powers provided in this subsection jointly with any other person with respect to the acquisition, extraction, conversion, use, transportation, storage, reprocessing, disposal, or any combination thereof of any primary fuel or source thereof, as well as any other materials resulting therefrom, only when such primary fuel or source thereof is to be used for the generation of electrical energy in one or more electric projects by such legal entity, any member thereof, or any combination thereof; and, in connection therewith, any such public agency or legal entity shall be deemed to have all the additional powers, privileges, and rights provided in this subsection. (m) In the event that any public agency or any such legal entity, or both, should receive, in connection with its joint ownership or right to the services, output, capacity, or energy of an electric project, as defined in paragraph (3)(d), any material which is designated by the person supplying such material as proprietary confidential business information or which a court of competent jurisdiction has designated as confidential or secret shall be kept confidential and shall be exempt from the provisions of s. 119.07(1). As used in this paragraph, “proprietary confidential business information” includes, but is not limited to, trade secrets; internal auditing controls and reports of internal auditors; security measures, systems, or procedures; information concerning bids or other contractual data, the disclosure of which would impair the efforts of the utility to contract for services on favorable terms; employee personnel information unrelated to compensation, duties, qualifications, or responsibilities; and formulas, patterns, devices, combinations of devices, contract costs, or other information the disclosure of which would injure the affected entity in the marketplace. (16)(a) All of the additional powers and authority granted by chapter 82‐53, Laws of Florida, to a public agency as defined in paragraph (3)(b), a legal entity created pursuant to the provisions of this section, or both, respecting agreements for participation in electric projects shall apply to any agreement in existence as of March 25, 1982, as well as to any such agreement entered into thereafter; but no additional limitation provided in chapter 82‐53 upon any power or authority of any such public agency or legal entity, or both, respecting agreements for participation in electric projects shall apply to any such agreement entered into prior to March 25, 1982. (b) Chapter 82‐53, Laws of Florida, shall be deemed to be enacted for the purpose of further implementing the provisions of s. 10(d), Art. VII of the State Constitution, as amended. (17) In any agreement entered into pursuant to this section, any public agency or separate legal entity created by interlocal agreement may, in its discretion, grant, sell, donate, dedicate, lease or otherwise convey, title, easements or use rights in real property, including tax‐reverted real property, title to which is in such public agency or separate legal entity, to any other public agency or separate legal entity created by interlocal agreement. Any public agency or separate legal entity created by interlocal agreement is authorized to grant such interests in real property or use rights without consideration when in its discretion it is determined to be in the public interest. Real property and interests in real property granted or conveyed to such public agency or separate legal entity shall be for the public purposes contemplated in the interlocal agreement and may be made subject to the condition that in the event that said real property or interest in real property is not so used, or if used and subsequently its use for such purpose is abandoned, the interest granted shall cease as to such public agency or separate legal entity and shall automatically revert to the granting public agency or separate legal entity. 78of 167 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 17/17 (18) Any separate legal entity created under subsection (7) which has member public agencies located in at least five counties, of which at least three are not contiguous, may conduct public meetings and workshops by means of communications media technology. The notice for any such public meeting or workshop shall state that the meeting or workshop will be conducted through the use of communications media technology; specify how persons interested in attending may do so; and provide a location where communications media technology facilities are available. The participation by an officer, board member, or other representative of a member public agency in a meeting or workshop conducted through communications media technology constitutes that individual’s presence at such meeting or workshop. As used in this subsection, the term “communications media technology” means conference telephone, video conference, or other communications technology by which all persons attending a public meeting or workshop may audibly communicate. History.—ss. 1, 2, ch. 69‐42; ss. 11, 18, 35, ch. 69‐106; s. 1, ch. 79‐24; ss. 1, 2, ch. 79‐31; s. 61, ch. 79‐40; s. 68, ch. 81‐259; ss. 1, 7, 8, ch. 82‐53; s. 45, ch. 83‐217; s. 21, ch. 85‐55; s. 1, ch. 87‐9; s. 6, ch. 87‐237; s. 46, ch. 88‐130; ss. 33, 34, ch. 90‐360; s. 83, ch. 91‐45; s. 11, ch. 93‐51; s. 896, ch. 95‐147; s. 45, ch. 96‐406; s. 19, ch. 97‐236; s. 61, ch. 99‐2; s. 23, ch. 99‐251; s. 1, ch. 2001‐201; s. 72, ch. 2002‐295; s. 156, ch. 2003‐261; s. 10, ch. 2004‐5; s. 1, ch. 2004‐336; s. 6, ch. 2006‐218; s. 1, ch. 2006‐220; s. 1, ch. 2007‐1; s. 1, ch. 2007‐90; s. 1, ch. 2008‐43; s. 1, ch. 2012‐164. Copyright © 1995‐2017 The Florida Legislature • Privacy Statement • Contact Us 79of 167 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 10, 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: General Fund, Transportation Fund, Development Svc. Fund, Stormwater Fund. Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) Sponsor Name Cameron Benson Department: City Manager Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH KRONOS, INC., FOR THE PURCHASE OF WORKFORCE READY SOFTWARE BY RELYING UPON RFP NUMBER 14-JLR-003 ISSUED BY THE HARFORD COUNTY PUBLIC SCHOOLS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Agenda Item K-3 Agmnt w/ Kronos, Inc., for purchase of workforce ready software 80of 167 18605 NW 27th Avenue Miami Gardens, Florida 33056 Currently, all police personnel, school crossing guards and code enforcement staff are utilizing Telestaff as the timekeeping and scheduling for payroll purposes. All other employees in the City are utilizing either a time clock or manually tracking staff time and attendance. During the budget process in Fiscal Year (FY) 2017, the Finance Department has explored a time attendance system that will integrate with the City’s payroll system. With the implementation of a “time and attendance system”, there will be no manual input into the current payroll system, which will void clerical errors and reduce the risk of over or under paying an employee. This system will utilize a biometric time clock to record employee working hours. Harford County Public Schools is the acting “Lead Agent” for U.S. Communities solicitation Request For Proposals (RFP) Number 14-JLR-003, Workforce Management System Including Time, Attendance, Leave, Scheduling, Payroll Solutions and Related Products, Services and Systems. On September 23, 2013, Request For Proposal Number 14-JLR-003 for Workforce Management Systems was solicited. The Request For Proposal closed on November 7, 2013. Four (4) responses were received. The contract was awarded to the highest ranked proposer, Kronos Incorporated, based on price and the evaluation factors set forth in the solicitation. The initial term of the contract is for a three (3) year period, with an option to renew for one (1), one (1) year periods. The contract was renewed through March 17, 2018 (Exhibit 1). Staff is estimating a purchase of fifteen (15) time clocks for a total amount of fifty two thousand five hundred five dollars ($52,505). The cost per month for time keeping is three dollars seventy-eight cents ($3.78) per employee. Staff is also proposing to move school crossing guards, non-sworn personnel at the Police Department and Code Enforcement staff, currently utilizing Telestaff, to Kronos Workforce timekeeping system. The annual costs based on three hundred eighty five (385) employees will be approximately seventeen thousand four hundred sixty-three dollars ($17,463). Kronos will also charge a one-time set up cost of four thousand dollars ($4,000), and a Depot Exchange support service for the equipment for eight thousand one hundred dollars ($8,100) annually. The total costs of the project for the first year will be approximately eighty-two thousand sixty - eight dollars ($82,068). This request to piggyback Request For Proposal (RFP) Number 14-JLR-003, Workforce Management System Including Time, Attendance, Leave, Scheduling, Payroll Solutions and Related Products, Services and Systems, is pursuant to the City of Miami Gardens, FL Code of Ordinance Section 2-757(b)(2). Fiscal Impact The funding of this project is budgeted in FY 2017 from General Fund, Transportation Fund, Stormwater Fund and Development Service Fund. Proposed Action: Approve the implementation of Workforce Ready and continue renewal of the software and maintenance on an annual basis. Attachment: 81of 167 18605 NW 27th Avenue Miami Gardens, Florida 33056 Exhibit 1 – Contract Number 14-JLR-003, Contract Renewal 82of 167 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 ENTER INTO AN AGREEMENT WITH KRONOS, 5 INC., FOR THE PURCHASE OF WORKFORCE READY 6 SOFTWARE BY RELYING UPON RFP NUMBER 14-JLR-003 7 ISSUED BY THE HARFORD COUNTY PUBLIC SCHOOLS; 8 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 9 PROVIDING FOR AN EFFECTIVE DATE. 10 11 WHEREAS, currently, all of the City of Miami Gardens’ police personnel, school 12 crossing guards and Code Enforcement staff are utilizing Telestaff software for payroll 13 purposes, and 14 WHEREAS, during the budget process in Fiscal Year (FY) 2017, the Finance 15 Department explored a time attendance system that will integrate with the City’s payroll 16 system, and 17 WHEREAS, Harford County Public Schools is the acting “Lead Agent” for U.S. 18 Communities, and solicitated Request For Proposals (RFP) Number 14-JLR-003, 19 Workforce Management System Including Time, Attendance, Leave, Scheduling, 20 Payroll Solutions and Related Products, Services and Systems, and 21 WHEREAS, on September 23, 2013, RFP 14-JLR-003 for Workforce 22 Management Systems was solicited, and 23 WHEREAS, the RFP closed on November 7, 2013, four (4) responses were 24 received, and 25 WHEREAS, the contract was awarded to the highest ranked proposer, Kronos 26 Incorporated (Kronos), based on price and the evaluation factors set forth in the 27 solicitation, and 28 WHEREAS, the initial term of the contract is for a three (3) year period, with an 29 option to renew for one (1), one (1) year periods, and 30 83of 167 2 WHEREAS, the contract was renewed through March 17, 2018, as seen in 31 Exhibit “1” attached hereto, and 32 WHEREAS, Staff is estimating a purchase of fifteen (15) time clocks for a total 33 amount of Fifty-Two Thousand Five Hundred Five Dollars ($52,505.00), and 34 WHEREAS, the cost per month for timekeeping is Three Dollars and Seventy-35 Eight Cents ($3.78) per employee, and 36 WHEREAS, the annual costs based on three hundred eighty-five (385) 37 employees will be approximately Seventeen Thousand Four Hundred Sixty-Three 38 Dollars ($17,463.00), and 39 WHEREAS, Kronos will also charge a one-time set up cost of Four Thousand 40 Dollars ($4,000.00), and a Depot Exchange support service for the equipment for Eight 41 Thousand One Hundred Dollars ($8,100.00) annually, and 42 WHEREAS, the total costs of the project for the first year will be approximately 43 Eighty-Two Thousand Sixty-Eight Dollars ($82,068.00), and 44 WHEREAS, City Staff recommends the City Council authorizes the City Manager 45 to enter into an Agreement with Kronos for the purchase of the Workforce Ready 46 software by relying upon RFP Number 14-JLR-003, Workforce Management System 47 Including Time, Attendance, Leave, Scheduling, Payroll Solutions and Related 48 Products, Services and Systems, and 49 WHEREAS, this request for reliance upon RFP Number 14-JLR-003 is made as 50 pursuant to the City of Miami Gardens’ Code of Ordinance Section 2-757(b)(2), 51 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 52 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 53 84of 167 3 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 54 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 55 made a specific part of this Resolution. 56 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 57 does hereby authorizes the City Manager to enter into an Agreement with Kronos, Inc., 58 for the purchase of Workforce Ready software by relying upon RFP Number 14-JLR-59 003, issued by Harford County Public Schools. 60 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 61 upon its final passage. 62 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 63 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 64 65 ___________________________________ 66 OLIVER GILBERT, III, MAYOR 67 68 69 ATTEST: 70 71 72 __________________________________ 73 RONETTA TAYLOR, MMC, CITY CLERK 74 75 76 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 77 78 79 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 80 81 Moved by: __________________ 82 83 VOTE: _________ 84 85 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 86 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 87 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 88 Councilman Rodney Harris ____ (Yes) ____ (No) 89 85of 167 4 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 90 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 91 Councilman David Williams Jr ____ (Yes) ____ (No) 92 93 86of 167 87of 167 88 o f 16 7 89 o f 16 7 90 o f 16 7 91 o f 16 7 92 o f 16 7 93 o f 16 7 94 o f 16 7 95 o f 16 7 96 o f 16 7 97 o f 16 7 98 o f 16 7 99 o f 16 7 10 0 o f 16 7 10 1 o f 16 7 10 2 o f 16 7 10 3 o f 16 7 10 4 o f 16 7 10 5 o f 16 7 10 6 o f 16 7 10 7 o f 16 7 10 8 o f 16 7 10 9 o f 16 7 11 0 o f 16 7 11 1 o f 16 7 11 2 o f 16 7 11 3 o f 16 7 11 4 o f 16 7 11 5 o f 16 7 11 6 o f 16 7 11 7 o f 16 7 11 8 o f 16 7 11 9 o f 16 7 12 0 o f 16 7 12 1 o f 16 7 12 2 o f 16 7 12 3 o f 16 7 12 4 o f 16 7 12 5 o f 16 7 12 6 o f 16 7 12 7 o f 16 7 12 8 o f 16 7 12 9 o f 16 7 13 0 o f 16 7 13 1 o f 16 7 13 2 o f 16 7 13 3 o f 16 7 13 4 o f 16 7 13 5 o f 16 7 13 6 o f 16 7 13 7 o f 16 7 13 8 o f 16 7 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 10, 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- Information Technology Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name: Cameron 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 IN THE AMOUNT OF FIFTY-SEVEN THOUSAND SEVENTY-FIVE DOLLARS AND TWENTY CENTS ($57,075.20), TO AIP US, LLC. FOR NETWORK SECURITY AND SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens utilizes AIP US, LLC, for our Network Security Solutions. On November 9, 2009, City staff prepared specifications and issued Invitation To Bid Number 09-10-023 for the purchase and delivery of Cisco Network equipment, computer hardware and servers for the City of Miami Gardens Community Center. A broadcast notice was sent to three hundred twenty four (324) suppliers and twenty four (24) bid packages were requested. Agenda Item K-4 AIP for network security & and Services 139of 167 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 Four (4) bids were received; three (3) complete bids and one (1) “no bid” proposal was received. Bid submittals from AIP US, LLC; CDW GOV; and En Pointe Tech was received and publicly read. The City staff evaluated the bids for compliance with the specifications. AIP US, LLC, was the lowest, responsive, responsible bidder. On December 9, 2009, City Council approved Resolution Number 2009-235-1181, authorizing the City Manager to issue a purchase order for the purchase and delivery of Cisco Network equipment to AIP US, LLC, in the amount of eighty seven thousand one hundred forty seven dollars and ninety six cents ($87,147.96). The contract commenced after date of award by City Council and remained in effect until acceptance and successful installation of all network equipment was completed. Additionally, on March 11, 2013, City staff prepared specifications and issued Invitation To Bid Number 12-13-032 from authorized dealers, for the purchase of Cisco brand switch and routing equipment. A broadcast notice was sent to three hundred eleven (311) suppliers and twenty eight (28) bid packages were requested. Three (3) bids were received. Bid submittals from AIP US, LLC, Waveguide Communications Inc., and Ronco Communication was received and publicly read. The City staff evaluated the bids for compliance with the specifications. AIP US, LLC, was the lowest, responsive, responsible bidder. On April 24, 2013, City Council approved Resolution Number 2013-108-1904, authorizing the City Manager to issue a purchase order for the purchase of switch and routing equipment to AIP US, LLC, in the amount of four hundred thirty seven thousand five hundred eighty dollars ($437,580.00). The contract commenced after the date of award by City Council and remained in effect until such time as all items purchased in conjunction with this invitation to bid, was delivered, and accepted by, the City’s authorized representative, and upon completion of the expressed and/or implied warranty periods. AIP US, LLC, has designed, installed and provided support services solutions for the City of Miami Gardens Police Department and City Hall overall Network Solutions and Cisco telephone voice Internet Protocol (IP) System. AIP US, LLC, has Criminal Justice clearance to work on the police network and has helped the Police Department pass the Florida Department of Law Enforcement (FDLE) Audit. AIP US, LLC, implemented network security by installing firewall security for both City Hall and the PD and segmented the network between both locations which is a requirement by FDLE. Current Situation AIP US, LLC, currently manages and maintains the City’s network, voice and wireless infrastructure presently with 24 hours/day and 7 days/week support. The City relies on the expertise from the AIP US, LLC, and their experienced Cisco engineers for support when configuring or implementing new switches or firewalls into the City’s network environment. AIP US, LLC, recently implemented Cisco switches for the Real Time Crime Center and the firewall in the City Hall Complex. 140of 167 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 The City of Miami Gardens Office of Information Technology requires AIP US, LLC, to provide ongoing project management, network operations, security operations, voice operations, network security and voice architecture and engineering, on an as needed basis, to the City, for an annual amount of fifty seven thousand, seventy-five dollars and twenty cents ($57,075.20). This Agreement shall commence on May 8, 2017, or upon the execution by both parties, whichever is sooner, and shall continue for a period of one (1) year. Said Agreement shall be automatically renewable for an additional one (1) year period, subject to the City Council budgeting and appropriating funds for that purpose. AIP US, LLC, initially install the City’s Cisco Network equipment, computer hardware and servers, Cisco brand switch and routing equipment, upgraded the Cisco phone voice over Internet Protocol (IP) System in the City Hall location, while servicing the City’s Network Security Solutions. Therefore, AIP US, LLC, is the only reasonable source to provide ongoing Network Security Solutions and Services for the maintenance of the City’s currently installed Network and telephone data services. Fiscal Impact For Fiscal Year 2017, the budget for AIP US, LLC is in the amount of $57,078. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing the City Manager to issue a purchase order to AIP US, LLC, to provide Network Security Solutions and Services in the amount of fifty seven thousand, seventy-five dollars and twenty cents ($57,075.20). Attachments: Exhibit 1 – AIP US, LLC Invoice Exhibit 2 – Draft AIP US, LLC Agreement 141of 167 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 IN THE AMOUNT 5 OF FIFTY-SEVEN THOUSAND SEVENTY-FIVE DOLLARS AND 6 TWENTY CENTS ($57,075.20), TO AIP US, LLC. FOR NETWORK 7 SECURITY AND SERVICES; PROVIDING FOR THE ADOPTION 8 OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 9 DATE. 10 11 WHEREAS, since 2009, the City has utilized AIP US, LLC., for network security 12 solutions and services, and 13 WHEREAS, City staff performed a cost analysis and determined that AIP US, 14 LLC., offers the most competitive rates for network security solutions and services, and 15 WHEREAS, AIP US, LLC., is the only reasonable source to provide ongoing 16 Network Security Solutions and Services for the maintenance of the City’s currently 17 installed network and telephone data services, and 18 WHEREAS, the City of Miami Gardens Office of Information Technology requires 19 AIP US, LLC, to provide ongoing project management, network operations, security 20 operations, voice operations, network security and voice architecture and engineering, 21 on an as needed basis, to the City, and 22 WHEREAS, City staff is recommending that the City Councill authorize the City 23 Manage to issue a purchase order in the amount of Fifty-Seven Thousand Seventy-Five 24 Dollars and Twenty Cents ($57,075.20) to AIP US, LLC., for that purpose, 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 142of 167 2 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31 does hereby authorize the City Manager to issue a purchase order in the amount of 32 Fifty-Seven Thousand Seventy-Five Dollars and Twenty Cents ($57,075.20), to AIP US, 33 LLC. for network security and services. 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 ATTEST: 44 45 46 __________________________________ 47 RONETTA TAYLOR, MMC, CITY CLERK 48 49 50 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 51 52 53 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 54 55 Moved by: __________________ 56 57 VOTE: _________ 58 59 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 61 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 62 Councilman Rodney Harris ____ (Yes) ____ (No) 63 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 64 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 65 Councilman David Williams Jr ____ (Yes) ____ (No) 66 67 143of 167 AIP US, LLC27 Bleeker Street Suite 236 Millburn, NJ 07041 United States Ship To: Date: 4/19/2017 Quote Number: 170419 Account Number:8001 Contact: Tristan Lattibeaudiere Contact: Tristan Lattibeaudiere Sales Support: Min Wang Phone: 3054741651 Phone: 3054741651 Phone: 7038616427 Fax Number: Fax Number: Fax Number: 9735330890 Email: tlattibeaudiere@miamigardens-fl.gov Email: tlattibeaudiere@miamigardens- fl.gov Email: mwang@aip-us.com Quote Status: In Process Quote Name: CMG170419 Shipping Method: Ground Ordering Country: United States Delivery Country: United States Install Country: United States Expiration Date: 5/19/2017 Currency: US Dollar Payment Terms: 30 days Item Ext Price Professional Service $57,075.20 $57,075.20 $0.00 $0.00 $57,075.20 CANCELLATION OF ORDERS. Any Customer request to cancel or modify a Customer Order will be subject to and Customer agrees to pay all costs, expenses and fees incurred by AIP US, LLC from the manufacturer, the supplier and/or its shippers as a direct result of any such cancellation or modification. Customer may be required to pay the full Product purchase price if the applicable manufacturer and/or supplier will not permit cancellation and/or modification of a corresponding order issued by AIP US, LLC. SHIPPING, DELIVERY, AND WAREHOUSING. Customer shall be responsible for all freight, handling and insurance charges. AIP US, LLC shall select the carrier unless otherwise instructed by Customer. In no event shall AIP US, LLC have any liability in connection with shipment, nor shall the carrier be considered an agent of AIP US, LLC. AIP US, LLC shall not be liable for damage or penalty for delay in delivery or for failure to give notice of any delay. All freight charges for drop shipments via surface or airfreight will be prepaid by the manufacturer or AIP US, LLC, unless paid in advance by Customer or otherwise agreed by AIP US, LLC. Any prepaid freight charges for such shipments shall be added to the charges listed on the applicable invoice and Customer agrees to reimburse AIP US, LLC for such freight charges. Unless expressly specified otherwise in the applicable Quote, Customer shall accept and pay for partial shipments of goods. Unless otherwise specified by AIP US, LLC or as applicable under the International Delivery terms below, title and risk of loss to hardware shall pass to Customer upon delivery to the common carrier (F.O.B. origin). AIP US, LLC retains a purchase money security interest in all hardware and such security interest is released when payment in full for such hardware is received by AIP US, LLC. Customer agrees to pay a warehousing fee equal to one percent (1%) per month (or portion of a month) of the list price for any Product(s) purchased hereunder and held in a warehouse either at Customer’s request or due to Customer’s failure to take delivery. Warehousing fees will be calculated from date Products are delivered to the warehouse. EXPEDITED DELIVERY. Customer may request and AIP US, LLC may agree to provide Expedited Delivery of Products. If AIP US, LLC accepts such request AIP US, LLC will assess an Expedited Delivery fee equal to two percent (2%) of the unit list price for the Product(s) for which Expedited Delivery is requested, unless otherwise specified on the applicable Quote. As used herein, “Expedited Delivery” shall mean shipment to a Customer-designated location within a time frame that is sooner than the earliest date of availability from the manufacturer, such delivery is typically within forty-eight (48) hours of Customer’s written request for expedited delivery. Products ordered in response to a Customer request for Expedited Delivery may have distributor part numbers that do not match the manufacturer part numbers as quoted by AIP US, LLC. Products delivered will be at the standard operating system revision level as supplied by the distributor. PAYMENT TERMS. Subject to Customer maintaining a credit status acceptable to AIP US, LLC, Payment of all invoices is due thirty (30) days from date of invoice. Invoices are issued upon shipment of Products from the manufacturer or at the start of any service. After written notice from AIP US, LLC, AIP US, LLC has the right to charge Customer a late payment charge of 1.5% of the outstanding balance per month for each month, or partial month, any invoice remains unpaid beyond its due date. Customer will pay collection and legal fees incurred by AIP US, LLC to effect settlement of any past due invoice. Items sent to a AIP US, LLC facility for staging, warehousing and/or pre-configuration purposes will be invoiced to the Customer upon shipment from the manufacturer. If Customer secures a leasing arrangement with a third party leasing company (“Customer Lessor”) and AIP US, LLC deems evidence of such leasing arrangement to be sufficient, AIP US, LLC will work with Customer and the Customer Lessor to facilitate payment from Customer Lessor. Notwithstanding the foregoing, Customer shall remain primarily responsible and liable for complete and timely payment of all invoices issued hereunder. “Quote” ” means that document issued by AIP US, LLC to Customer for the sale of third party hardware and/or third party software and any associated installation, configuration or other services as described therein. "Customer" means the purchaser of goods and/or services from AIP US, LLC identified in the Quote referencing this Agreement. "AIP US, LLC" means AIP US, LLC, a Delaware limited liability company, unless otherwise specified in the Quote. “Product” means any hardware, software, installation or third party-provided maintenance service purchased hereunder. PRICES, TAXES AND TRADE-INS. All prices are subject to change without notice prior to receipt of Customer's acceptance of a AIP US, LLC Quote (hereinafter referred to as “Customer’s Order”). All invoice prices are those in effect on date of shipment, unless otherwise agreed to by AIP US, LLC in writing. All pricing information in published or printed material is provided for general information and estimation purposes only, and is neither a quotation nor offer to sell. Prices do not include applicable federal, state or local taxes and, unless expressly identified and itemized, do not include freight, handling or insurance. All taxes applicable to Products ordered shall be paid by Customer, or in lieu thereof, Customer shall provide AIP US, LLC with a tax exemption certificate acceptable to the taxing authorities. If a quoted and/or ordered price includes a trade-in allowance based upon Customer’s trade-in of goods then Customer shall comply with the return requirements of the applicable manufacturer’s trade in agreement. Any such trade-in goods must be received by the applicable manufacturer on or before the date specified in the manufacturer’s trade in agreement or, if no such agreement exists, by the sooner of the date specified in a Quote or thirty (30) days from delivery of the replacement goods. If Customer fails to return such trade-in goods as required the trade-in allowance shall be forfeited and AIP US, LLC shall invoice Customer for the amount of the trade-in allowance and Customer will pay such invoice. THE TERMS AND CONDITIONS SET FORTH BELOW CONSTITUTE THE ENTIRE AGREEMENT (THE “AGREEMENT”) BETWEEN AIP US, LLC AND CUSTOMER WITH RESPECT TO THE PRODUCT(S) IDENTIFIED IN THE ATTACHED QUOTE PROVIDED THAT IF A VALID WRITTEN AGREEMENT FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES (“MASTER AGREEMENT”) IS IN EFFECT BETWEEN THE PARTIES AT THE TIME THAT A PURCHASE ORDER IS ISSUED THEN SUCH MASTER AGREEMENT SHALL SUPERSEDE THIS AGREEMENT TO THE EXTENT THE MASTER AGREEMENT IS APPLICABLE TO THE PRODUCTS OR SERVICES QUOTED. IF CUSTOMER ISSUES ANY FORM OF ORDER TO AIP US, LLC AUTHORIZING THE PURCHASE OF PRODUCT(S), IT IS AGREED SUCH ORDER IS ISSUED SOLELY TO ACCEPT AIP US, LLC’S OFFER AND TO CONFIRM CUSTOMER’S PURCHASE OF THE SPECIFIED ITEM(S) AND THE PRICE(S) THEREOF. NO OTHER TERMS AND CONDITIONS SPECIFIED OR PREPRINTED ON ANY SUCH CUSTOMER FORM SHALL ADD TO OR MODIFY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE MASTER AGREEMENT AND/OR ANY RELATED DOCUMENTATION PROVIDED WITH THE ITEMS PURCHASED, NOR SHALL ANY SUCH CUSTOMER FORM TERMS AND CONDITIONS AFFECT EITHER PARTY’S RESPONSIBILITY TO THE OTHER PARTY AS DEFINED HEREIN. A CUSTOMER PURCHASE ORDER SHALL CONSTITUTE ACCEPTANCE OF AIP US, LLC’S OFFER AS SPECIFIED IN A VALID QUOTE. Sub Total: Estimated Florida Sales Tax: STANDARD TERMS AND CONDITIONS OF SALE Description Estimated Shipping Charge: Grand Total: Annual Network, Security, Voice Operations Support Services City of Miami Gardens 1515 N.W. 167th Street, Bldg 5, Suite 200 Miami Gardens, FL 33169 Price Quotation - City of Miami Gardens Bill To: City of Miami Gardens 1515 N.W. 167th Street, Bldg 5, Suite 200 Miami Gardens, FL 33169 144of 167 Signature Print Name Title This quote is Proprietary to AIP US, LLC and shall not be shared outside the party for which the quote was prepared without prior permission from AIP US, LLC Please contact your sales representative should you have any questions By signing below you agree to AIP US, LLC's "Standard Terms & Conditions" SERVICE. All service prices are based on work being performed during normal business hours (Monday through Friday) and at Customer locations, or as otherwise agreed to by AIP US, LLC in writing. Security arrangements and access for AIP US, LLC at the Customer’s location is the responsibility of Customer. Customer will accompany any AIP US, LLC employee or agent while on-site at a Customer location. Installation service prices are based on AIP US, LLC being provided with a complete list of the installation sites at least two (2) weeks prior to the commencement of the project and flexibility to build and control the schedule of site implementations. Customer will notify AIP US, LLC in writing of cancellations of scheduled site visits no less than five (5) business days prior to such scheduled site visit. Customer will notify AIP US, LLC in writing of cancellations of scheduled site visits no less than five (5) business days prior to such scheduled site visit. If Customer requests a change to the scope of work or the number of devices/office locations to be implemented from that specified in the applicable Customer Order, AIP US, LLC reserves the right to adjust terms of the Customer Order impacted by the requested change, including, without limitation, pricing and any delivery requirements. THIRD PARTY MAINTENANCE. Any third party maintenance or support services resold by AIP US, LLC hereunder, including but not limited to Cisco SMARTNet, are subject to the terms and conditions for such services, as identified by the third party provider. AIP US, LLC is not a party to any such third party terms and conditions. GOVERNING LAW. All transactions made under this Agreement will be governed by the applicable state laws for the AIP US, LLC location specified in the applicable Quote, excluding any conflict of laws rules that may apply in such state. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of the applicable court in the aforementioned AIP US, LLC location and each party submits to the jurisdiction thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement or any Customer Order issued under this Agreement. Each Party agrees to comply with the U.S. Foreign Corrupt Practices Act (15 U.S.C. 78(dd)(i) et seq., as the same may be amended) and with the anti-bribery laws and regulations of any other country having jurisdiction over the transactions contemplated hereby. Customer waives any defense to the validity or enforceability of this Agreement arising from any electronic submission of it to Customer. Customer acknowledges and agrees that it has the ability to access each URL referenced in any Quote. SOFTWARE. Any software provided under these terms is subject to the license terms that are provided with it. All software license terms are established directly between the Customer and the owner or licensor of the software. Unless AIP US, LLC is identified as the owner or licensor of the software, AIP US, LLC is not a party to any such software license and AIP US, LLC makes no warranties or representations related to the ownership, use or operation of the software. WARRANTY. All Products provided under these terms are subject to the warranties provided by the manufacturer as legally and contractually permissible for AIP US, LLC to pass onto, resell or assign to Customer. AIP US, LLC warrants that its services hereunder will be performed by qualified individuals in a professional and workmanlike manner conforming to generally accepted industry standards and practices, and in strict accordance with all applicable laws, regulations, codes and standards of government agencies or authorities having jurisdiction. AIP US, LLC services hereunder are supported against defects in workmanship for thirty (30) days after installation. AIP US, LLC MAKES NO WARRANTY AS TO THE RESULTS OF ANY SERVICES PROVIDED. EXCEPT AS SET FORTH IN THIS PARAGRAPH, AIP US, LLC DISCLAIMS ANY AND ALL WARRANTIES AND REMEDIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE HEREIN, ALL LIABILITY OF AIP US, LLC UNDER THIS AGREEMENT OR OTHERWISE SHALL BE LIMITED TO MONEY PAID TO AIP US, LLC UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY AND IN THE CASE OF DAMAGES RELATING TO ANY ALLEGEDLY DEFECTIVE OR INFRINGING PRODUCT, SHALL, UNDER ANY LEGAL OR EQUITABLE THEORY, BE FURTHER LIMITED TO THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT. IN NO EVENT SHALL AIP US, LLC BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, OR ANY OTHER INDIRECT DAMAGES EVEN IF AIP US, LLC HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. EXPORT ADMINISTRATION. Each Party shall comply with all relevant export and sanctions laws and regulations of the United States to assure that neither any software deliverable, if any, nor any direct product thereof is (1) exported or re-exported, directly or indirectly, in violation of any export laws, or (2) is intended to be used for any purposes prohibited by any export laws, including without limitation, nuclear, chemical, or biological weapons proliferation, or (3) is made available to any prohibited person or entity, as such terms are defined under applicable laws and regulations administered by the U.S. Office of Foreign Assets Control. RETURN POLICY. Customer’s right to return hardware and software is subject to the return policies and fees imposed by the applicable manufacturer. Credit for items delivered to Customer may be issued by AIP US, LLC only upon prior written approval from AIP US, LLC. Any such approval must be in the form of a written Return Material Authorization (RMA), which must accompany the returned items. An RMA must be requested by Customer from AIP US, LLC within the period required by the applicable manufacturer. Items returned pursuant to the foregoing procedure may be subject to a manufacturer restock fee which AIP US, LLC shall invoice and Customer agrees to pay in full. Items returned due to a AIP US, LLC shipping error are not subject to restocking fees. Returned items must be in the original shipping cartons, undamaged, unused and unaltered. AIP US, LLC shall have the right to reject return of items and/or impose additional charges which Customer agrees to pay for any equipment received without an RMA and/or in a condition other than described. Opened software is not returnable. All shipments of returned items must be shipped prepaid by Customer to the warehouse location specified in the RMA. AIP US, LLC will reimburse shipping costs for Products returned due to a shipping error. AIP US, LLC will inspect returned items upon receipt for compliance with the foregoing conditions. A credit for properly returned items will be entered against the original invoice for the ordered items. All RMA’s issued are valid for the period of time allowed by the applicable manufacturer after which time the RMA will be cancelled. 145of 167 1 of 11 Agreement with AIP US, LLC NETWORK, SECURITY, AND VOICE OPERATIONS SUPPORT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ___________, 2017 by and between the CITY of Miami Gardens, a Florida municipal corporation (hereinafter referred to as “CITY”), and AIP US, LLC, a Delaware Corporation, (hereinafter referred to as “Consultant”) and jointly referred to as the Parties. WITNESSETH WHEREAS, the City would like to engage the services of Consultant to provide network, security, and voice operations support services to the City, and WHEREAS, Consultant has agreed to provide said services and the parties would like to consummate their agreement in writing, NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as follows: Article 1 Scope of Work Consultant shall provide services as outlined in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by reference. Article 2 Qualifications CONSULTANT and the individual executing this Agreement on behalf of the CONSULTANT warrant to the CITY that the CONSULTANT is authorized to do business in the State of Florida, is in good standing and that CONSULTANT possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perform the work herein described. Article 3 Personnel Consultant agrees that the person that will be providing the Services to the City will be Min Wang and other Consultant’s staff. The parties also recognize and agree that all services to be provided to the City shall be conducted remotely and that Consultant shall not appear personally at the City to provide any services. Article 4 Compensation/Expenses The person assigned to this Agreement shall work a maximum of sixteen (16) hours per week for two (2) years. 146of 167 2 of 11 Agreement with AIP US, LLC The first year (from May 8, 2017 to May 6, 2018) shall be paid at an hourly rate of sixty-eight dollars sixty cents ($68.60) per hour. The first year total contract value shall not exceed fifty seven thousand, seventy-five dollars and twenty cents ($57,075.20.) The second year (from May 7, 2018 to May 5, 2019) shall be paid at an hourly rate of sixty-eight dollars sixty cents ($68.60) per hour. The second year total contract value shall not exceed fifty seven thousand, seventy-five dollars and twenty cents ($57,075.20.) The total contract value for 2 years shall not exceed the sum of one hundred and fourteen thousand, one hundred and fifty dollars and forty cents ($114,150.40.) CONSULTANT will invoice City of Miami Gardens at the end of each calendar month. All payments shall be due within thirty (30) days of receipt of an invoice. In the event there is a dispute on an invoice, the City agrees to pay the undisputed sums within the thirty (30) day period. Article 5 Term This Agreement shall commence on May 8, 2017, or upon the execution by both parties, whichever is sooner, and shall continue for a period of one year. Said Agreement shall be automatically renewable for an additional one (1) year period, subject to the City Council budgeting and appropriating funds for that purpose. The Term shall not start until all insurance required as stated herein has been obtained and approved copy provided to the City. Article 6 Indemnification CONSULTANT shall, at CONSULTANT's sole cost and expense, defend, indemnify, and hold the CITY and all of its elected officials, officers, agents, or employees, harmless from and against any and all losses, demands, claims, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with CONSULTANT’s performance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between CONSULTANT and third parties made pursuant to this Agreement. CONSULTANT shall reimburse the CITY for all of its expenses including reasonable attorney fees and costs incurred in connection with the defense of any such claim or investigation, throughout the appeals process. Nothing contained herein shall be deemed a waiver of sovereign immunity by the CITY. 147of 167 3 of 11 Agreement with AIP US, LLC INDEMNIFICATION: Subject to the limitations of Section 768.28 Florida Statutes, PROPOSER shall protect, defend, indemnify, and hold harmless the CITY and its officials, officers, members, agents, representatives and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way connected with the performance or non‐performance of any provision of this Agreement required of the PROPOSER, by or on behalf of the PROPOSER, or resulting from any violation by the PROPOSER or its employees of any statute law, ordinance, regulation or other legal requirement pertaining to a safe place of employment for workers, minimum hours and wages, and fair employment practices. However, nothing herein shall be deemed to indemnify CITY for any liability or claim arising solely out of the negligent performance of CITY. The City does hereby agree to indemnify and hold harmless PROPOSER, from any and all personal injury or property damage claims, liabilities, losses, and causes of action which may arise solely as a result of City’s performance of this Agreement. This agreement is subject to the provisions of Section 768.28 Florida Statutes, such that the City shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $200,000, or any claim or judgments or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities losses and causes of action which may arise solely as a result of the performance of this Agreement. However, nothing herein shall be deemed to indemnify PROPOSER from any liability or claim arising out of the negligent performance or failure of performance of PROPOSER or any unrelated third party. Nothing contained herein shall be deemed a waiver of sovereign immunity. One percent (1%) of the contract amount shall represent the consideration to be provided for this indemnification. Article 7 Insurance CONSULTANT shall provide and maintain general liability insurance coverage, for personal injury and property damage in the minimum amount of Two Million ($2,000,000.00) Dollars, per incident, for personal injury, and Five Hundred Thousand ($500,000.00) Dollars, per incident, for property damage. Such liability policy of insurance shall designate the CITY as an additional insured and CONSULTANT shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day cancellation power. The parties acknowledge and agree that since all services to be provided by CONSULTANT shall be provided remotely, from the state of New Jersey. CONSULTANT shall comply with the worker’s compensation laws of the state of New Jersey. 148of 167 4 of 11 Agreement with AIP US, LLC CONSULTANT shall not commence work pursuant to this Agreement until all insurance required as stated herein has been obtained and the CITY has approved such insurance. Article 8 Termination Either party may, for its convenience and without cause, terminate this Agreement by giving the other party thirty (30) days notice prior to the effective date of the termination. Upon written notice of termination, CONSULTANT shall provide only those services and incur only those expenses specifically approved or directed in writing by the CITY Manager or his designee. In the event of termination or expiration of this Agreement, CONSULTANT and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from CONSULTANT to the CITY or to any other person or entity the CITY may designate, and to maintain during such period of transition that same services provide to the CITY pursuant to the terms of this Agreement. CONSULTANT will take all reasonable and necessary actions to transfer all records, etc. and data of the CITY in its possession in an orderly fashion to either the CITY or its designee in a hard copy and computer format. If either party terminates this Agreement, the CITY shall only pay CONSULTANT for the services provided through the date of termination. Article 11 Ownership All documents and/or forms originated or prepared by either party pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the CITY. Article 12 Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 149of 167 5 of 11 Agreement with AIP US, LLC Article 13 Severability If any term or provision of this Agreement shall to any extent be held invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 14 Governing Law This Agreement shall be construed in accordance with and governing by the laws of the State of Florida, with venue lying in Miami-Dade County, Florida. Article 15 Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the CITY of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by CONSULTANT of the same, or any other provision or the enforcement thereof. The CITY’s consent to or approval of any act by CONSULTANT requiring the CITY’s consent or approval shall not be deemed to render unnecessary the obtaining of the CITY’s consent to or approval of any subsequent consent or approval of CONSULTANT, whether or not similar to the act so consented to or approved. Article 16 Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the parties at the following address: CITY: CONSULTANT: Cameron Benson, CITY Manager Min Wang CITY of Miami Gardens AIP US, LLC 18605 NW 27th Avenue 19 Beech Ter Miami Gardens, FL 33056 Millburn, NJ 07041 With a copy to: Sonja K. Dickens, Esq. CITY Attorney Arnstein & Lehr LLP 150of 167 6 of 11 Agreement with AIP US, LLC 200 East Las Olas Blvd., Suite 1700 Ft. Lauderdale, FL 33301 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Article 17 Independent Contractor CONSULTANT is and shall remain an independent contractor not an employee or agent of the CITY. Services provided by CONSULTANT shall be by employees of CONSULTANT and nothing in this Agreement shall in any way be interpreted or construed to deem said employees to be agents, employees, or representatives of the CITY. CONSULTANT shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with CONSULTANT. Article 18 Assignment This Agreement is not assignable by either party. Article 19 Prohibition Against Contingent Fees CONSULTANT warrants that it has no employees or retained any CONSULTANT or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), CONSULTANT, corporation, individual or firm, other than a bond fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 20 Attorneys' Fees Should any dispute arise hereunder, the prevailing party shall be entitled to recover all costs, expenses and attorney’s fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney’s fees through all appeals or other actions. Article 21 Non-Discrimination CONSULTANT agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975. 151of 167 7 of 11 Agreement with AIP US, LLC CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status or status with regard to public assistance. CONSULTANT will take affirmative action to insure that all employment practices are free from such discrimination. Article 22 Conflict of Interest CONSULTANT agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, which is incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Article 23 Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. Article 24 Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 25 Entire Agreement No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. Article 26 Captions and Paragraph Headings Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. Article 27 Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties that the other. It is the 152of 167 8 of 11 Agreement with AIP US, LLC parties’ further intention that this Agreement be construed liberally to achieve its intent. Article 28 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Article 29 Exhibits are Inclusionary All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. Article 30 Retention of Records CONSULTANT shall keep its books, records and accounts as may be necessary in order to record complete and correct entries related to this Agreement. CONSULTANT shall allow access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by CONSULTANT in conjunction with this Agreement. CONSULTANT's failure to grant such access shall be grounds for immediate termination of this Agreement by the CITY. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 153of 167 9 of 11 Agreement with AIP US, LLC IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. CITY OF MIAMI GARDENS _____________________________ Oliver Gilbert III, Mayor Date:______________________ ATTEST: _______________________ CITY Clerk Ronetta Taylor, CMC Approved as to form and legal sufficiency: ______________________________ Sonja Dickens, CITY Attorney AIP US, LLC By: ____________________________ __________________________ Signature Date ____________________________ Print name 154of 167 10 of 11 Agreement with AIP US, LLC SCOPE OF WORK 1. Activities and Services CONSULTANT will assign a resource person (Min Wang) who will be responsible for the following activities under the directive of City of Miami Gardens. 1.1 Project Management (on-going): - Schedule at least one (or more) weekly call(s) to discuss weekly status and tasks - Attend other conference calls on an as-needed basis - Provide other project management activities on an as-needed basis 1.2 Network Operations (on-going): - Provide network configuration, migration, cut-over, and change support - Provide network troubleshooting / issue resolution support - Provide new device installation support - Provide network devices software upgrade (when needed) and maintenance support - Provide network Quality of Services (QoS) configuration support for the VoIP system - Monitor weekly LAN/WAN usage and performance (including Cisco LMS) 1.3 Security Operations (on-going): - Provide network security configuration, migration, cut-over, and change support - Provide security troubleshooting / issue resolution support - Upgrade network security devices (e.g. IPS, Firewall, MARS) on an on-going basis for new signature files, patches, upgrades, etc. and other maintenance support - Provide device hardening support to follow industry best practices on network/security hardening configurations - Monitor MARS and IPS status on an on-going basis; provide remediation recommendations for any major threats detected. And implement remediation recommendations after being approved 1.4 Voice Operations (on-going): - Provide voice configuration, Move, Add, Change, Deletion (MACD) support - Provide voice troubleshooting / issue resolution support - Provide on-going voice environment maintenance and escalation support 155of 167 11 of 11 Agreement with AIP US, LLC 1.5 Network / Security / Voice Architecture and Engineering (as needed) - Recommend best practice network / security / voice architecture based on needs and requirements - Recommend architecture based on principles such as redundancy / high-availability, capacity planning, security - Provide new architecture design and/or upgrade path documentation, and the corresponding Bill of Material (BOM) - Support new installation and migrating activities 2. Deliverables - Provide weekly status update - Provide architecture / configuration documentation as needed 156of 167 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 10, 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: City of Miami Gardens General Obligation Bond Funds Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP No. 15-16-048 Scott Park and AJ King Park Improvements X Sponsor Name: Cameron D. Benson, City Manager Department: Capital Improvement Project (CIP) Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL NUMBER 15-16-048, SCOTT PARK AND A.J. KING PARK, STEP TWO, TO MBR CONSTRUCTION, INC.; AUTHORIZING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: BACKGROUND In April 2014, the City of Miami Gardens’ residents approved a General Obligation Bond in the amount of sixty million dollars ($60,000,000) for the construction of and improvements to the City’s parks and related facilities. The City Council subsequently approved a Bond Implementation Plan that lists and details the proposed improvements at each park facility or municipal property. Agenda Item K-5 Awarding RFP for Scott Lake and AJ King Parks, Step 2 157of 167 18605 NW 27th Avenue Miami Gardens, Florida 33056 On March 21, 2016, staff issued Request For Qualifications (RFQ) Number 15-16-033 for Scott Park and A.J King Park Improvements, Step One, inviting Design-Build firms or teams to provide qualifications for a future design-build contract for the development of an expanded recreation building, replaced playground, resurfaced and refurbished basketball courts, reconditioned baseball diamond and related facility improvements, technical, schedule and cost proposals to implement an overall improvement project at Scott Park and A.J King Park. A broadcast notice was sent to one thousand fifty-six (1,056) vendors. Sixty-five (65) proposals were requested. The RFQ opened on May 4, 2016 and eight (8) proposals were received and publicly read. The RFQ was prepared in accordance with Florida Statue 287.055 Consultants Competitive Negotiation Act (CCNA). On May 16, 2016, the Selection Committee short-listed three (3) firms: Gulf Building, LLC; MBR Construction, Inc.; and Recreational Design & Construction, Inc. CURRENT SITUATION On January 30, 2017, Request For Proposal (RFP) Number 15-06-048, Step Two for Scott Park and A.J King Park Improvements was issued to the three (3) short-listed vendors. The RFP opened on March 16, 2017. One (1) proposal from MBR Construction, Inc. was received and publicly read. The Office of Procurement Management (OPM) applied the City of Miami Gardens Business and Resident Economic Growth Plan (CMG-BREP) preference to this project. MBR Construction, Inc., was compliant to the City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) (Exhibit 1). An Evaluation Committee meeting was held on March 27, 2017. MBR Construction, Inc., was deemed responsive and responsible to the requirements of the RFP. After evaluation and scoring, the Evaluation Committee ranked MBR Construction, Inc., as the first-ranked firm. A copy of the proposal document and submittals are available at the Assistant to the Mayor and Council’s Office for review. FISCAL IMPACT The funding is derived from the General Obligation Bond and the amount listed in the RFP as the maximum bid amount is available for this project. Proposed Action: It is recommended that the City Council approve the Evaluation Committee’s Recommendation For Award to MBR Construction, Inc., for RFP Number 15-16-048, Scott Park and A.J King Park, Step Two, and authorize the City Manager to proceed with negotiations. Attachments: Exhibit 1 – City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) Memorandum Exhibit 2 – Scott Park - Bid Tabulation Exhibit 3 - A.J King Park – Bid Tabulation 158of 167 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR 4 PROPOSAL NUMBER 15-16-048, SCOTT PARK AND A.J. KING 5 PARK, STEP TWO, TO MBR CONSTRUCTION, INC.; 6 AUTHORIZING THE CITY MANAGER TO PROCEED WITH 7 NEGOTIATIONS; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, in April 2014, the City of Miami Gardens’ residents approved a 11 General Obligation Bond in the amount of Sixty Million Dollars ($60,000,000) for the 12 construction of and improvements to the City’s parks and related facilities, and 13 WHEREAS, on March 21, 2016, City staff issued Request For Qualifications 14 (RFQ) Number 15-16-033 for Scott Park and A.J. King Park Improvements, Step One, 15 inviting Design-Build firms or teams to provide qualifications for a future design-build 16 contract for the development of an expanded recreation building, replaced playground, 17 resurfaced and refurbished basketball courts, reconditioned baseball diamond and 18 related facility improvements, technical, schedule and cost proposals to implement an 19 overall improvement project at both parks, and 20 WHEREAS, the RFQ opened on May 4, 2016, eight (8) proposals were received 21 and publicly read, and 22 WHEREAS, the RFQ was prepared in accordance with Florida Statue 287.055 23 Consultants Competitive Negotiation Act (CCNA), and 24 WHEREAS, on May 16, 2016, the Selection Committee short-listed three (3) 25 firms: Gulf Building, LLC; MBR Construction, Inc.; and Recreational Design & 26 Construction, Inc., and 27 WHEREAS, on January 30, 2017, Request For Proposal (RFP) Number 15-06-28 048, Step Two for Scott Park and A.J. King Park Improvements was issued to the three 29 (3) short-listed vendors, and 30 159of 167 2 WHEREAS, the RFP opened on March 16, 2017, one (1) proposal, from MBR 31 Construction, Inc., was received and publicly read, and 32 WHEREAS, an Evaluation Committee meeting was held on March 27, 2017, and 33 MBR Construction, Inc., was deemed responsive and responsible to the requirements of 34 the RFP, and 35 WHEREAS, after evaluation and scoring, the Evaluation Committee ranked MBR 36 Construction, Inc., as the first-ranked firm, and 37 WHEREAS, City staff is recommending that the City Council approve the 38 Evaluation Committee’s Recommendation For Award to MBR Construction, Inc., for 39 RFP Number 15-16-048, Scott Park and A.J. King Park, Step Two, and authorize the 40 City Manager to proceed with negotiations, 41 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 42 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 43 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 44 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 45 made a specific part of this Resolution. 46 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 47 does hereby award Request for Proposal Number 15-16-048, Scott Park and A.J. King 48 Park, Step Two to MBR Construction, Inc., and authorizes the City Manager to proceed 49 with negotiations. 50 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 51 upon its final passage. 52 53 160of 167 3 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 54 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 55 56 ___________________________________ 57 OLIVER GILBERT, III, MAYOR 58 59 60 ATTEST: 61 62 63 __________________________________ 64 RONETTA TAYLOR, MMC, CITY CLERK 65 66 67 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 68 69 70 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 71 72 Moved by: __________________ 73 74 VOTE: _________ 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 161of 167 Exhibit 1 Page 1 of 2 162of 167 Exhibit 1 Page 2 of 2 163of 167 Date Bid Opened: March 16, 2017 Bid Submittals: 1 Unit Cost Comments 173,305.13$ 245,721.16$ 20,000.00$ 31,206.59$ 307,151.44$ Asbestos and Lead Based Paint Abatement 3,570.00$ Teen Recreation Building Demolition 10,500.00$ Other Site Demolition 10,500.00$ 26,250.00$ Power Rake / Lute rakes 11,550.00$ Note Quantity:1 Templates, slope gauges, wet/dry line markers 2,310.00$ Note Quantity:1 Bases, plates and rubbers 525.00$ Note Quantity:1 Tamps and rag mats 577.50$ Note Quantity:1 2,100.00$ Note Quantity:1 Trash and Litter Receptors 10,237.50$ Note Quantity:15 6,079.50$ Note Quantity:5 6,300.00$ Note Quantity:1 Expand Existing Recreation Building 151,102.35$ Baseball Field Renovation 393,186.74$ Resurface Basketball Courts; New Backboards/Rims 41,475.00$ Playground 157,795.28$ Dumpster Enclosure with Gates 7,875.00$ Parking Lot Lighting (New)66,150.00$ Lightning Protection/Detection/Prediction 17,850.00$ Parks Video Surveillance 2,625.00$ Coordination Only Public WIFI 2,625.00$ Coordination Only Division 13 - Special Construction Division 26 - Electrical Division 28 - Electronic Safety and Security Division 31 - Earthwork Fort Lauderdale, FL MBR Construction, Inc. Purchasing Agent: Latora Francis Description SCOTT PARK General Conditions Design Fees RFP No. 15-16-048 Design Build Scott Park and AJ King Park Agency: Capital Improvements Division 01 - General Requirements Seating, Benches and Tables Bicycle Racks Traffic and Site Signage Division 11 - Equipment Division 12 - Furnishings Permit Allowance Bonds and Insurance OH&Profit Division 02 - Existing Conditions Division 10 - Specialties Drinking Fountain Exhibit 2 Page 1 of 2 164of 167 Clearing and Grubbing 55,198.50$ Fine Grading 23,100.00$ Asphalt Paving: Mill & resurface existing parking lot 27,930.00$ Note Quantity (SY): Asphalt Paving: New parking and drives 55,220.55$ Note Quantity of New Spaces: Concrete Paving / Walks 88,200.00$ Note Quantity (SF): Curbs and Gutters 30,072.00$ Note Quantity (LF): Chain Link Fence 68,670.00$ Note Quantity (LF): Estate Style Fence 65,100.00$ Note Quantity (LF): Irrigation System - Complete 103,950.00$ Irrigation Meter and Backflow Preventer 5,250.00$ Sod 144,060.00$ Note Quantity: Sod: New Bermuda Grass Multi-purpose field at Scott Park 67,200.00$ Note Quantity: Shrubs 72,450.00$ Note Quantity: Trees Shade Trees 9,528.75$ Note Quantity: Palms 9,240.00$ Note Quantity: Flowering And Small Trees 787.50$ Note Quantity: Tree Protection Fencing 6,405.00$ Tree Pruning 1,575.00$ 63,000.00$ -$ FPL, Comcast, ATT (Power, Telecommunications, TV)26,250.00$ 2,631,755.49$ (A) Add Alternates: 1. Musco Sports Lighting (Baseball & Basketball)337,164.80$ 2. New Batting Cage 21,960.00$ 3. Fencing Add Alternate 1 (Division 13)14,640.00$ 4. Fencing Add Alternate 2 (Division 13)42,700.00$ 5. Fencing Add Alternate 3 (Division 13)86,620.00$ 6. Fencing Add Alternate 4 (Division 32)152,500.00$ 7. Renovation of Maintenance Building 69,601.00$ 8. Turf Infield (Division 13)18,300.00$ 9. Recreation Building Rehabilitation Add Alternate 1 30,927.00$ 10. Recreation Building Rehabilitation Add Alternate 2 6,100.00$ 11. Recreation Building Rehabilitation Add Alternate 3 12,200.00$ 12. Recreation Building Rehabilitation Add Alternate 4 48,800.00$ 13. Replace existing parking lot and pedestrian pathway lighting with LED fixtures.51,240.00$ 13a. Cost of additional pole with fixture if needed (existing parking lot)8,540.00$ NOTES: ALL QUANTITIES LISTED ARE FOR INFORMATION ONLY AND NOT TO BE UTILIZED FOR ARITHMETICAL CALCULATIONS. THE POINTS AWARDED FOR PRICE WILL BE CALCULATED BASED UPON THE TOTAL DESIGN BUILD BASE BID PRICE ACCORDING TO THE FORMULA LISTED IN THE EVALUATION CRITERIA SECTION. THE OWNER, AT ITS SOLE DISCRETION, MAY MODIFY QUANTITIES OR ELIMINATE LINE ITEMS IN THEIR ENTIRETY DURING CONTRACT NEGOTIATIONS. ALL AREAS OF THE BID FORM MUST BE FILLED IN WITH A DOLLAR FIGURE. IF IT IS THE INTENT OF THE VENDOR TO PERFORM OR PROVIDE ANY SERVICES OR COMMODITIES REFERENCED AT NO COST TO THE CITY, THEN $0.00 (ZERO) DOLLARS SHOULD BE REFERENCED IN THE APPROPRIATE FIELD. DO NOT USE “N/A”, “— “, OR ANY OTHER SYMBOLS OR ATTACHED CONDITIONS TO THE BID PRICE PROPSOAL. FAILURE TO USE THE CITY’S BID FORM AND PROVIDE ALL COSTS AS REQUESTED IN THIS RFP MAY DEEM YOUR PROPOSAL NON-RESPONSIVE. CONDITIONS SHALL NOT BE ATTACHED TO THE BID PRICE PROPOSAL. Division 32 - Exterior Improvements Division 33 - Site Utilities Offsite Water & Sewer, Drainage TOTAL DESIGN BUILD BASE BID PRICE: Onsite Water & Sewer, Drainage Exhibit 2 Page 2 of 2 165of 167 Date Bid Opened: March 16, 2017 Bid Submittals: 1 Division 01 - General Requirements Unit Cost Comments General Conditions 141,865.50$ 128,156.41$ Permit Allowance 21,000.00$ Allowance Bonds and Insurance 16,275.86$ OH&Profit 160,195.52$ Division 02 - Existing Conditions Site Demolition 10,500.00$ Division 10 - Specialties Traffic and Site Signage 3,150.00$ Division 12 - Furnishings Bicycle Racks 2,100.00$ Note Quantity: Trash and Litter Receptors 6,142.50$ Note Quantity: Seating, Benches and Tables 9,704.10$ Note Quantity: 6,300.00$ Note Quantity: Division 13 - Special Construction Baseball Field Renovation 247,163.49$ Pavilion 25,835.25$ Dumpster Enclosure with Gates 7,875.00$ Division 26 - Electrical Lightning Protection/Detection/Prediction 18,375.00$ Division 28 - Electronic Safety and Security Parks Video Surveillance 2,625.00$ Coordination Only Public WIFI 2,625.00$ Coordination Only Division 31 - Earthwork Clearing and Grubbing 17,850.00$ Fine Grading 17,850.00$ Division 32 - Exterior Improvements Asphalt Paving: Mill & resurface existing parking lot 16,327.50$ Note Quantity (SY): Asphalt Paving: New parking and drives 1,680.00$ Note Quantity of New Spaces: Concrete Paving / Walks 42,840.00$ Note Quantity (SF): Curbs and Gutters 17,020.50$ Note Quantity (LF): Drinking Fountain Fort Lauderdale, FL RFP No. 15-16-048 Design Build Scott Park and AJ King Park Agency: Capital Improvements Purchasing Agent: Latora Francis MBR Construction, Inc.AJ KING PARK Description Design Fees Exhibit 3 Page 1 of 2 166of 167 Chain Link Fence 30,943.50$ Note Quantity (LF): Estate Style Fence 64,947.75$ Note Quantity (LF): Irrigation System - Complete 141,750.00$ Irrigation Meter and Backflow Preventer 5,250.00$ Sod 68,253.78$ Note Quantity: Shrubs 73,500.00$ Note Quantity: Trees Shade Trees 13,734.00$ Note Quantity: Palms 8,982.75$ Note Quantity: Flowering And Small Trees 2,929.50$ Note Quantity: Tree Protection Fencing 3,675.00$ Tree Pruning 1,575.00$ Division 33 - Site Utilities 23,100.00$ -$ 10,500.00$ $1,372,597.91 (A) Add Alternate: 330,400.00$ 21,960.00$ 17,080.00$ 3a. Cost of additional pole with fixture if needed (existing lot)4,270.00$ 4. Fencing Add Alternate 1 (Division 13)14,640.00$ 5. Fencing Add Alternate 2 (Division 13)42,700.00$ 6. Turf Infield (Division 13)18,300.00$ 7. Fencing Add Alternate 3 (Division 13)86,620.00$ 3,660.00$ 2. Batting Cage 3. Parking Lot Lighting-Replace existing with LED Fixtures 8. Recreation Building Renovations TOTAL DESIGN BUILD BASE BID PRICE: Onsite Water & Sewer, Drainage Offsite Water & Sewer, Drainage FPL, Comcast, ATT (Power, Telecommunications, TV) 1. Musco Sports Lighting Exhibit 3 Page 2 of 2 167of 167