HomeMy WebLinkAbout07.26.2017 City Council Agenda
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: July 26, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: September 13, 2017 Phone: (305) 914-9010 Fax: (305) 914-9033
Website: www.miamigardens-fl.gov Time: 7:00 p.m.
Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. City Manager Cameron Benson
City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC
Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all
lobbyists before engaging in any lobbying activities to register with the City
Clerk and pay a one-time annual fee of $250.00. This applies to all persons
who are retained (whether paid or not) to represent a business entity or
organization to influence “City” action. “City” action is broadly described to
include the ranking and selection of professional consultants, and virtually all-
legislative, quasi-judicial and administrative action. All not-for-profit
organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required.
(A) CALL TO ORDER/ROLL CALL
(B) INVOCATION
(C) PLEDGE OF ALLEGIANCE
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes – July 12, 2017
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Councilman David Williams Jr. – Special Presentation
F-2) Councilwoman Lillie Q. Odom – Special Presentation (G) PUBLIC COMMENTS
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(H) ORDINANCE(S) FOR FIRST READING:
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE EXISTING MORATORIUM ON THE SUBMISSION, PROCESSING AND
ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF
USE, BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR
AN ADDITIONAL 180-DAY PERIOD; PROVIDING FOR
EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAM JR.) (1ST READING-JULY 12, 2017)
(J) RESOLUTION(S)/PUBLIC HEARING(S)
None
(K) CONSENT AGENDA:
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RESCHEDULING THE CITY
COUNCIL MEETING OF WEDNESDAY, SEPTEMBER 13, 2017,
TO TUESDAY, SEPTEMBER 12, 2017; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK)
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 RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY AND OTHER
DADE COUNTY MUNICIPALITIES TO PROVIDE SERVICES TO
IDENTIFY AND CONTROL POLLUTANT DISCHARGES IN
MUNICIPAL STORMWATER SYSTEMS, IN ACCORDANCE WITH THE NATIONAL POLLUNTANTS DISCHARGE
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ELIMINATION SYSTEM STORMWATER PROGRAM, FOR A FIVE (5) YEAR TERM, IN THE ANNUAL AMOUNT OF
EIGHTEEN THOUSAND, FOUR HUNDRED SEVENTY
DOLLARS ($18,470.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS IN AN AMOUNT
NOT TO EXCEED ONE HUNDRED SIXTY-FIVE THOUSAND
NINE HUNDRED SIXTEEN DOLLARS AND SEVEN CENTS ($165.916.07), PER YEAR TO SHI INTERNATIONAL CORPORATION, FOR LICENSING SOLUTIONS PROVIDERS OF MICROSOFT SOFTWARE AND SERVICES BY RELYING ON
THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICE’S
CONTRACT NUMBER 43230000-15-02; 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, ACCEPTING THE REVISED LEGAL DESCRIPTION IN THE EXHIBIT “A” SKETCH AND DESCRIPTION OF EASEMENT, AND ACCEPTING THE DEDICATION OF AN EASEMENT ALONGSIDE THE CAROL
CITY CANAL FROM LE JEUNE GARDENS HOMEOWNERS
ASSOCIATION, INC., FOR THE CONSTRUCTION AND MAINTENANCE OF A MULTI-PURPOSE TRAIL.; 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, HEREBY APPROVES THE DEDICATION OF AN EASEMENT TO FLORIDA POWER AND
LIGHT FOR THE NEW ELECTRICAL SERVICE FOR THE
BUNCHE POOL SITE, A COPY OF THE EASEMENT AGREEMENT IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
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MANAGER TO EXECUTE THE ATTACHED CONTRACT WITH FIBERNET DIRECT, LLC., FOR THE PURCHASE OF A FIBER
CONNECTION SOLUTION, NOT TO EXCEED FIFTY-FOUR
THOUSAND ONE HUNDRED DOLLARS ($54,100.00), BY RELYING ON THE NORTH BROWARD HOSPITAL DISTRICT’S REQUEST FOR PROPOSALS FOR A REGIONAL NETWORK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST
RESPECTIVELY THAT CERTAIN RESTATEMENT AND AMENDMENT OF NON-RESTRICTED MORTGAGE AND COVENANT, AND AMENDMENT TO AMENDED DEVELOPER’S AGREEMENT FOR “THE COMMONS”; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF
THE SELECTION COMMITTEE FOR RFQ# 16-17-040, AGENT OF RECORD/INSURANCE BROKER FOR BROKERAGE SERVICES FOR GROUP EMPLOYEE BENEFITS SERVICES, AND AUTHORIZING THE CITY MANAGER TO PROCEED
WITH NEGOTIATIONS WITH THE FIRST RANKED FIRM, AND
IF NEGOTIATIONS FAIL TO NEGOTIATE WITH THE SECOND RANKED FIRM, AND SO ON UNTIL THE CITY MANAGER SUCCESSFULLY NEGOTIATES AND EXECUTES A CONTRACT WITH THE SUCCESSFUL BIDDER; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK: PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S)
L-1) A RESOLUTION OF THE CITY OF MIAMI GARDENS,
FLORIDA, ADOPTING A PROPOSED MILLAGE RATE TO BE
LEVIED FOR FISCAL YEAR 2017-18 FOR OPERATING PURPOSES; ESTABLISHING THE DEBT SERVICE MILLAGE RATE APPROVED BY THE ELECTORATE IN APRIL 2014;
SETTING THE DATE, TIME AND PLACE OF PUBLIC
HEARINGS TO CONSIDER THE PROPOSED MILLAGE RATE,
DEBT SERVICE MILLAGE RATE AND TENTATIVE BUDGET;
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PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE EXCELLENCE IN EDUCATION TEMPORARY AD HOC ADVISORY
COMMITTEE; PROVIDING FOR A SUNSET DATE; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.)
QUASI-JUDICIAL ZONING HEARINGS/JENNINGS
DISCLOSURE:
(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)
O-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AMENDING RESOLUTION NO. 4-ZAB-149-91 CONSENTING TO THE MODIFICATION OF THE HOURS OF OPERATION FOR A CHILD LEARNING CENTER
AND AFTER SCHOOL CARE CENTER LOCATED AT 18215
NORTHWEST 18TH AVENUE, MIAMI GARDENS, FLORIDA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
P-1) City Attorney’s Report – Special Magistrate’s Recommendation in the Sunbeam Case
P-2) MGPD Monthly Report – June 2017
(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
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(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.
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x
X Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source: General Fund Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Sponsor Name: Councilman David Williams Jr. Department:
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
EXTENDING THE EXISTING MORATORIUM ON THE SUBMISSION, PROCESSING AND
ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS
AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL
MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING
ORGANIZATIONS FOR AN ADDITIONAL 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR
PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Background On January 11, 2017 the City Council of the City of Miami Gardens adopted Ordinance No. 2017-1-365, in response to Amendment 2 of the Florida Constitution, legalizing medical
marijuana. As Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing
Organizations are new and unique uses which are not currently addressed by the City's Land
Agenda Item I-1
Extending Moratorium of Medical
Marijauna Dispensing Facilities
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Development Regulations or Code of Ordinances, the Ordinance called for a temporary moratorium on acceptance of applications permitting new Medical Marijuana Dispensing
Facilities or Medical Marijuana Dispensing Organizations for a period of 180-days. This would
have allowed the City time to review and study this unique use, and determine the scope of
measures for implementing any regulations. Current Situation
On June 9, 2017, the Florida Senate passed Senate Bill 8A and Senate Bill 6A, which allows
local governments to regulate the location of dispensing facilities and provides that a local
government may ban dispensaries within its borders. The proposed legislation also provides that if a local government permits dispensing facilities, it may not impose limits on the number of dispensing facilities. On June 23, 2017, the proposed legislation was approved by the
Governor.
Councilman David Williams, Jr., is recommending a 180-day extension of the temporary moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of the City of Miami
Gardens permitting or having the effect of permitting new Medical Marijuana Dispensing
Facilities and Medical Marijuana Dispensing Organizations. This will allow the City the
additional time needed to review, study, hold public hearings, and prepare and adopt amendment(s) to the Land Development Regulations and/or Code of Ordinances which do not conflict with State law or Department rule at such time as those rules or laws are enacted by the
State legislature per Section 381.986(8)(b), Florida Statutes.
During this 180-day extension period, the City will not take any action on any application for certificate of use, business tax receipts, development permits, issue any development order, or take other official action, which would have the effect of allowing, or permitting the development
of Medical Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations,
except as provided in this Ordinance.
Proposed Action:
That the City Council approves the proposed Ordinance.
Attachment:
Exhibit “A”- Previous Ordinance No. 2017-1-365
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ORDINANCE NO. 2017_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, EXTENDING THE EXISTING 4
MORATORIUM ON THE SUBMISSION, PROCESSING AND 5 ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF 6 USE, BUSINESS TAX RECEIPTS AND ALL OTHER 7
APPLICATIONS AND PERMITS FOR THE OPERATION OF 8
MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL 9
MARIJUANA DISPENSING ORGANIZATIONS FOR AN 10 ADDITIONAL 180-DAY PERIOD; PROVIDING FOR 11 EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS 12
TO THE CITY MANAGER; PROVIDING FOR PENALTIES; 13
PROVIDING FOR ADOPTION OF REPRESENTATIONS; 14
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A 15 SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN 16 CODE; PROVIDING AN EFFECTIVE DATE. 17
18
WHEREAS, on January 11, 2017, the City Council of the City of Miami Gardens 19
adopted Ordinance No. 2017-1-365, in response to Amendment 2 of the Florida 20
Constitution, which legalized medical marijuana, as approved by Florida voters on 21
November 8, 2016, and 22
WHEREAS, as Medical Marijuana Dispensing Facilities and Medical Marijuana 23
Dispensing Organizations are new and unique uses which are not currently addressed 24
by the City's Land Development Regulations or Code of Ordinances, the Ordinance 25
called for a temporary moratorium on acceptance of applications permitting new Medical 26
Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations for a 27
period of one hundred and eighty (180) days, and 28
WHEREAS, the purpose of the moratorium was to allow the City time to review 29
and study this unique use, and determine the scope of measures for implementing any 30
regulations, and 31
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WHEREAS, on June 9, 2017, the Florida Senate passed Senate Bill 8A and 32
Senate Bill 6A, which allows local governments to regulate the location of dispensing 33
facilities and provides that a local government may ban dispensaries within its borders, 34
and 35
WHEREAS, the proposed legislation also provides that if a local government 36
permits dispensing facilities, it may not impose limits on the number of dispensing 37
facilities, and 38
WHEREAS, on June 23, 2017, the proposed legislation was approved by the 39
Governor, and 40
WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and 41
Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and 42
required to protect the public health, safety and welfare of its citizens and has the power 43
and authority to enact regulations for valid governmental purposes that are not 44
inconsistent with general or special law, and 45
WHEREAS, the City needs time to research and study the nature and scope of 46
possible measures for regulating Medical Marijuana Dispensing Facilities and Medical 47
Marijuana Dispensing Organizations, 48
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 49
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 50
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 51
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 52
made a specific part of this Ordinance. 53
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Section 2. EXTENSION OF MORATORIUM: The moratorium approved in 54
accordance with Ordinance No. 2017-1-365 on the submission, processing and 55
issuance of development permits, certificates of use, business tax receipts and all other 56
applications and permits for he operations of medical marijuana dispensing facilities and 57
medical marijuana dispensing organizations for a one hundred and eighty (180) period 58
shall be extended for one hundred and eighty (180) additional days. During this one 59
hundred and eighty (180) day period, the City will not take any action on any 60
application for certificate of use, business tax receipts, development permits, issue any 61
development order, or take other official action, which would have the effect of 62
allowing, or permitting the development of Medical Marijuana Dispensing Facilities or 63
Medical Marijuana Dispensing Organizations, except as provided in this Ordinance. 64
In the event the State preempts local regulations, then State law will take 65
precedence. 66
Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning 67
in progress as it relates to the processing of any applications and permits relating to 68
Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations. 69
All affected property and business owners are placed on notice with respect to these 70
pending regulations and the actions being taken by the City. 71
Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith 72
are hereby repealed. 73
Section 5. SEVERABILITY: If any section, subsection, sentence, clause, 74
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 75
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any court of competent jurisdiction, such portion shall be deemed a separate, distinct 76
and independent provision and such holding shall not affect the validity of the remaining 77
portions of this Ordinance. 78
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 79
immediately upon its final passage. 80
PASSED ON FIRST READING ON THE 12TH DAY OF JULY, 2017. 81
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2017. 82
83
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 84
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 85
______________, 2017. 86
87
________________________________ 88
OLIVER GILBERT, III, MAYOR 89 90 91
92
ATTEST: 93
94 95 _________________________________ 96
RONETTA TAYLOR, MMC, CITY CLERK 97
98
99 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 100 101
102
SPONSORED BY: DAVID WILLIAMS, JR., COUNCILMAN 103
104 105 Moved by: __________________ 106
Second by: _________________ 107
108
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VOTE: _________ 109 110
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 111
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 112
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 113 Councilman Rodney Harris ____ (Yes) ____ (No) 114 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 115
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 116
Councilman David Williams Jr ____ (Yes) ____ (No) 117
118
119
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source: Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: N/A
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)X
Sponsor Name Ronetta Taylor, MMC, City Clerk
Department: OFFICE OF THE CITY CLERK
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, RESCHEDULING THE CITY COUNCIL MEETING OF WEDNESDAY, SEPTEMBER 13, 2017, TO TUESDAY, SEPTEMBER
12, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City Council meetings are held the second and fourth Wednesday of the month, except for the Month of August. The first meeting in September is scheduled for Wednesday, September
13th, which is also the date for the City of Miami Gardens’ first public hearing on the proposed
budget for FY 2017-2018.
Mayor Gilbert has indicated a scheduling conflict with the September 13th City Council meeting date; therefore to ensure the presence of a super majority of the Council, this resolution
proposes to reschedule the Wednesday, September 13, 2017, City Council meeting to Tuesday,
September 12, 2017, at 7:00 PM.
Item K-1
Rescheduling City Council
Meeting
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The rescheduling of this City Council meeting date, will in no way conflict with Miami-Dade
County or Miam-Dade Public School Board budget hearings.
Proposed Action:
Recommend City Council to approve this resolution rescheduling the City Council meeting of
Wednesday, September 13, 2017, to Tuesday, September 12, 2017.
Attachment:
N/A
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, RESCHEDULING THE CITY 4 COUNCIL MEETING OF WEDNESDAY, SEPTEMBER 13, 2017, 5
TO TUESDAY, SEPTEMBER 12, 2017; PROVIDING FOR THE 6
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7
EFFECTIVE DATE. 8 9 WHEREAS, the City Council meetings are held the second and fourth 10
Wednesday of the month, except for the Month of August, and 11
WHEREAS, the first meeting in September is scheduled for Wednesday, 12
September 13, 2017, which is also the date for the City of Miami Gardens’ first public 13
hearing on the proposed budget for Fiscal Year 2017-2018, and 14
WHEREAS, Mayor Oliver Gilbert has indicated a scheduling conflict with the 15
September 13, 2017, City Council meeting date, and 16
WHEREAS, to ensure the presence of a super majority of the Council, this 17
resolution proposes to reschedule the Wednesday, September 13, 2017, City Council 18
meeting to Tuesday, September 12, 2017, at 7:00 p.m., and 19
WHEREAS, the rescheduling of this City Council meeting date, will in no way 20
conflict with Miami-Dade County or Miami-Dade Public School Board budget hearings, 21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25
made a specific part of this Resolution. 26
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27
hereby reschedules the Wednesday, September 13, 2017 City Council meeting to 28
Tuesday, September 12, 2017, at 7:00 p.m. 29
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Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 30
upon its final passage. 31
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 32
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 33
34
___________________________________ 35
OLIVER GILBERT, III, MAYOR 36
37 38 ATTEST: 39
40
41
__________________________________ 42 RONETTA TAYLOR, MMC, CITY CLERK 43 44
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 45
46
SPONSORED BY: RONETTA TAYLOR, MMC, CITY CLERK 47 48 Moved by: __________________ 49
Seconded by: ________________ 50
51
VOTE: _________ 52 53 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 54
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 55
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 56
Councilman Rodney Harris ____ (Yes) ____ (No) 57 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 58 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 59
Councilman David Williams Jr ____ (Yes) ____ (No) 60
61
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source: Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Sponsor Name Cameron D. Benson, City Manager Department: Public Works
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY AND
OTHER DADE COUNTY MUNICIPALITIES TO PROVIDE SERVICES TO
IDENTIFY AND CONTROL POLLUTANT DISCHARGES IN MUNICIPAL
STORMWATER SYSTEMS, IN ACCORDANCE WITH THE NATIONAL
POLLUNTANTS DISCHARGE ELIMINATION SYSTEM STORMWATER PROGRAM, FOR A FIVE (5) YEAR TERM, IN THE ANNUAL AMOUNT OF
EIGHTEEN THOUSAND, FOUR HUNDRED SEVENTY DOLLARS
($18,470.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT
"A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background:
The National Pollutants Discharge Elimination System (NPDES) Stormwater Program regulates
stormwater discharges from three potential sources: municipal separate storm sewer systems (MS4s),
construction activities, and industrial activities. Most stormwater discharges are considered point
sources, and operators of these sources may be required to receive an NPDES permit before they can
Item K-2
NPDES-/Stormwater Program
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discharge. This permitting mechanism is designed to prevent stormwater runoff from washing harmful
pollutants into local surface waters such as streams, rivers, lakes or coastal waters. Stormwater
Management is important to our City and neighboring communities. The Miami Gardens Public Works
Department is working hard to keep our system maintained and operating to the maximum potential
which protects our waterways.
The State of Florida Department of Environmental Protection is authorized by the Environmental
Protection Agency (EPA) to administer the program through permits. The permits are issued for (5) five
years and the City of Gardens was named as a co-permittee through Miami-Dade County in 2012. At that
time, Council passed a resolution to approve the first 5-year interlocal water monitoring interlocal
agreement expiring this year.
As part of being co-permittee and since we have the Stormwater Utility, Miami Dade County performs
special services to identify and control these pollutants discharges; therefore, these EPA required
services will be done by the County for an annual fee.
Current Situation
This interlocal agreement with Miami Dade County is the annual cost for Miami Dade County to provide
two activities that are essential to the EPA NPDES Requirements. These two activities shall involve
testing and monitoring of stormwater discharges into surface waters (Activity #1) and the Best
Management Practices (Activity #2) mandated by EPA regulations. After five years, the fees have
increased from $18,470 to $22,309.
Fiscal Impact
The budget for FY 2017 for these services is $17,000; however, there is enough funding from other line
items to cover the additional costs.
Proposed Action:
Recommend Council to approve the proposed resolution approving the County’s 5 Year Interlocal
Agreement for providing the professional services to identify and control pollutants discharges in the
shared municipal separate stormwater sewer system through Miami Dade County in the amount of
$22,309 annually.
Attachments:
Attachment #A: FY18-22 NPDES-5 Year Water Monitoring Interlocal Agreement
Attachment #B: Resolution #2012-128-1723-NPDES Water Monitoring –5 Year Interlocal Agreement
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5
RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT 6
WITH MIAMI-DADE COUNTY AND OTHER DADE COUNTY 7
MUNICIPALITIES TO PROVIDE SERVICES TO IDENTIFY AND 8 CONTROL POLLUTANT DISCHARGES IN MUNICIPAL 9 STORMWATER SYSTEMS, IN ACCORDANCE WITH THE 10
NATIONAL POLLUNTANTS DISCHARGE ELIMINATION SYSTEM 11
STORMWATER PROGRAM, FOR A FIVE (5) YEAR TERM, IN 12
THE ANNUAL AMOUNT OF EIGHTEEN THOUSAND, FOUR 13 HUNDRED SEVENTY DOLLARS ($18,470.00), A COPY OF 14 WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING 15
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR 16
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 17
EFFECTIVE DATE. 18 19 WHEREAS, the National Environmental Protection Agency (EPA) administers 20
the National Pollutants Discharge Elimination System (NPDES) Stormwater Program 21
which regulates stormwater discharge, and 22
WHEREAS, the NPDES issues permits and requires control of pollutants which 23
are discharged into stormwater systems through interlocal agreements, and 24
WHEREAS, the City of Miami Gardens has been designated as a co-permittee 25
with Miami-Dade County, and 26
WHEREAS, on September 12, 2012, the City Council adopted Resolution 27
Number 2012-128-1723, authorizing the City Manager and the City Clerk to execute 28
and attest respectively, that certain lnterlocal Agreement with Miami-Dade County to 29
provide services to identify and control pollutants discharges in municipal stormwater 30
systems in accordance with the National Pollutants Discharge Elimination System 31
Stormwater Program, and 32
WHEREAS, the initial term of the Agreement was five (5) years, and expires this 33
year, and 34
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WHEREAS, Staff recommends the City Council renew the Interlocal Agreement 35
with Miami-Dade County for an additional five (5) year term, and 36
WHEREAS, the cost of this renewal is Twenty-Two Thousand Three Hundred 37
Nine Dollars ($22,309.00) annually, 38
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 39
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 40
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 41
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 42
made a specific part of this Resolution. 43
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 44
hereby authorizes the City Manager and the City Clerk to execute and attest 45
respectively, that certain lnterlocal Agreement with Miami-Dade County to provide 46
services to identify and control pollutants discharges in municipal stormwater systems in 47
accordance with the National Pollutants Discharge Elimination System Stormwater 48
Program for a five (5) year, term in the amount of Twenty-Two Thousand Three 49
Hundred Nine Dollars ($22,309.00) annually, a copy of which is attached hereto as 50
Exhibit "A". 51
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 52
upon its final passage. 53
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
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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: CAMERON D. BENSON, CITY MANAGER 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
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1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
September 12, 2012 Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes
No Ordinance Reading:
1st Reading 2nd Reading
X Public Hearing:
Yes No Yes No
Funding Source:
Stormwater Advertising Requirement:
Yes No
X
Contract/P.O. Required:
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Dr. Danny O. Crew,
City Manager
Department:
Public Works/Stormwater
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING
THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT
CERTAIN INTERLOCAL AGREEMENT WITH MIAMI‐DADE COUNTY AND OTHER DADE COUNTY
MUNICIPALITIES TO PROVIDE SERVICES TO IDENTIFY AND CONTROL POLLUTANT DISCHARGES IN
MUNICIPAL STORMWATER SYSTEMS, IN ACCORDANCE WITH THE NATIONAL POLLUNTANTS
DISCHARGE ELIMINATION SYSTEM STORMWATER PROGRAM, FOR A FIVE (5) YEAR TERM, IN THE
ANNUAL AMOUNT OF EIGHTEEN THOUSAND, FOUR HUNDRED SEVENTY DOLLARS ($18,470.00),
A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR INSTRUCTIONS TO
THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE
Staff Summary:
Background
The National Pollutants Discharge Elimination System (NPDES) Stormwater Program regulates
stormwater discharges from three potential sources: municipal separate storm sewer systems (MS4s),
construction activities, and industrial activities. Most stormwater discharges are considered point
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1515 NW 167 Street, Building 5 Suite 200
Miami Gardens, Florida 33169
sources, and operators of these sources may be required to receive an NPDES permit before they can
discharge. This permitting mechanism is designed to prevent stormwater runoff from washing harmful
pollutants into local surface waters such as canals, rivers, or lakes. Stormwater Management is
important to our City and neighboring communities.
The Florida Department of Environmental Protection is authorized by the Environmental Protection
Agency (EPA) to administer the NPDES program through permits. The permits are issued for (5) five
years and the City of Miami Gardens has been named as a co‐permitee through Miami‐Dade County.
As co‐permitees Miami Dade County performs special EPA required services for an annual fee.
Current Situation
This proposed interlocal agreement covers the annual cost ($18,470) for Miami Dade County to provide
two activities that are essential to the EPA NPDES Requirements. These two activities shall involve
testing and monitoring of stormwater discharges into surface waters (Activity #1) and the Best
Management Practices (Activity #2) mandated by EPA regulations.
Proposed Action:
It is recommended that City Council authorize the City Manager to execute the Five Year Interlocal
Agreement with Miami Dade County to provide services to identify and control pollutants discharges in
the shared municipal separate stormwater sewer system per EPA NPDES requirements.
Attachment:
Attachment A – Miami Dade County 5‐Year NPDES Co‐Permittee Interlocal Agreement
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INTERLOCAL AGREEMENT BETWEEN ALL CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000003-003 AND MIAMI-DADE COUNTY PROVIDING
FOR PERFORMANCE OF PROFESSIONAL SERVICES BY
MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO-PERMITTEES PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND TO
NEGOTIATE AND EXECUTE CHANGES TO THE
SELECTION OF ACTIVITY PARTICIPATION BY CO-PERMITTEES
This Interlocal Agreement ("Agreement") is made and entered into by, and between, all CO-PERMITTEES
named in Florida Department of Environmental Protection Permit Number FLS000003-003, Authorization to
Discharge under the National Pollutant Discharge Elimination System. This Agreement provides for identification and control of discharges from any and all Municipal Separate Storm Sewer Systems (MS4s) that
may be shared by any of the parties to this Agreement, as required by the State of Florida Department of
Environmental Protection (hereinafter referred to as DEP) pursuant to Section 403.0885, Florida Statutes, and
DEP Rule 62-624, Florida Administrative Code, and the Environmental Protection Agency (hereinafter
referred to as the "EPA") National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") Permit Regulations for Storm Water Discharges Final Rule (hereinafter referred to as "NPDES
Final Rule"). This Agreement further provides for the professional services required to accomplish the tasks set
forth in the NPDES Final Rule and the NPDES MS4 Operating Permit that may be initiated and performed by
Miami-Dade County on behalf of both the CO-PERMITTEES and MIAMI-DADE COUNTY. This Agreement also provides for the negotiation and execution of changes to the selection of activity participation by CO-PERMITTEES.
Section I
Definitions For purposes of this Agreement, the following terms shall apply:
AGREEMENT shall mean this document, including any written amendments thereto, and other written
documents or parts thereof which are expressly incorporated herein by reference. CO-PERMITTEE or CO-PERMITTEES shall mean the following municipalities and agencies named in
NPDES Permit No. FLS000003-003 as CO-PERMITTEES: City of Aventura, Bal Harbour Village, Town of
Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, Town of
Golden Beach, City of Hialeah Gardens, City of Homestead, Indian Creek Village, Village of Key Biscayne, Town of Medley, City of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach,
City of Opa-locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles
Beach, Town of Surfside, Village of Virginia Gardens, City of West Miami, Florida Department of
Transportation (FDOT) District VI, Florida Department of Transportation (FDOT) Turnpike Enterprise, Miami-Dade Expressway Authority (MDX), and Miami-Dade County.
COUNTY shall mean Miami-Dade County
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FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane,
flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or
restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement.
MS4 shall mean municipal separate storm sewer system, as set forth in 40C.F.R.122.26.
In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124.
Section II
Term of Agreement
This Agreement shall become effective, and supersede the current interlocal agreement, on October 1, 2012.
This Agreement shall expire on September 30, 2017, or until a replacement interlocal agreement is executed,
whichever is later.
Section III
Scope of Work
The parties hereto agree that the EPA is requiring as part of the NPDES MS4 Operating Permit the sampling, monitoring, and analysis of a variety of storm sewer systems throughout Miami-Dade County. The parties
hereby agree that the water monitoring annual costs (Activity 1) attributable to this operating permit shall be
shared by those CO-PERMITTEES who elect to participate in this Activity, and the costs shall be based on a
percentage rate obtained by dividing the number of outfalls which drain to United States bodies of water existing in the geographical boundaries of each CO-PERMITTEE by the total number of outfalls existing within the geographic boundaries of all CO-PERMITTEES.
The parties further agree that the best management practices (BMP) (Activity 2) and basin management action
plan (BMAP/WTW) (Activity 3) costs attributable to this operating permit shall be shared by those CO-PERMITTEES who elect to participate in these Activities, and the costs shall be based on a percentage rate obtained by dividing the roadway MS4 drainage area existing in the geographical boundaries of each CO-
PERMITTEE by the total roadway MS4 drainage area existing within the geographic boundaries of all CO-
PERMITTEES. These costs are included in Attachment “A” of this Agreement.
Furthermore, 40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements, making each NPDES CO-PERMITTEE responsible for discharges from their MS4 to the MS4 of another NPDES
CO-PERMITTEE or to the waters of the United States. This Agreement sets forth the agreement of the CO-
PERMITTEES and the COUNTY and between all of the CO-PERMITTEES with respect to shared
responsibilities in the identification and control of discharges from one MS4 to another.
Section IV
COUNTY's Obligations
1. Compliance with NPDES MS4 Operating Permit The COUNTY shall perform monitoring and sampling activities as required in Miami-Dade County's NPDES MS4 Operating Permit.
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2. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the
exception of permits and approvals required by CO-PERMITTEES, if any, which shall be obtained by the
respective CO-PERMITTEE), which are required to perform activities under the NPDES MS4 Operating Permit.
3. Report The COUNTY shall provide the CO-PERMITTEES with a report, on an annual basis, with the
results of the monitoring and sampling activities required under the NPDES Operating Permit.
4. Notice of COUNTY Meeting The COUNTY shall provide the CO-PERMITTEES with oral or written
notice of all regular meetings held by COUNTY staff for the purpose of reviewing the compliance status
with the NPDES MS4 Operating Permit.
Section V
CO-PERMITTEES' Obligations
1. Prevention of Theft of COUNTY Equipment The CO-PERMITTEES shall take reasonable steps to
prevent theft or vandalism of COUNTY equipment located within the CO-PERMITTEE'S geographic
boundary. The CO-PERMITTEES agree that such equipment may be placed within each CO-
PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling
and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit.
2. Compensation Each CO-PERMITTEE will reimburse the COUNTY for costs of activities performed
over the preceding fiscal year in accordance with Attachment “A”, and as specified in the Execution in
Counterparts form for that fiscal year. The COUNTY will bill each CO-PERMITTEE annually, within six (6) months after the end of the fiscal year, for actual amounts expended during the prior fiscal year. Payment by the CO-PERMITTEE is to be made not later than forty-five (45) days after the bill
presentation. Failure to pay the agreed-upon costs to the COUNTY in accordance with this Agreement
shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement. The
expenditures for the final fiscal year that this Agreement is valid will be invoiced by the COUNTY and paid by the CO-PERMITTEES during the following fiscal year.
3. Access The CO-PERMITTEES shall provide the COUNTY with reasonable access at all times as
necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems
which may be located within the CO-PERMITTEE'S geographic boundary.
Section VI
Indemnification
The CO-PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney’s fees and costs of
defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Agreement by the CO-PERMITTEE or its employees, agents, servants, partners, principals or subcontractors. The CO-PERMITTEE shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements
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and attorney’s fees which may issue thereon. Provided, however, this indemnification shall only be to the
extent of and within the limitations of Section 768.28 Fla Stat., and subject to the provisions of that Statute
whereby the CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or judgement by any one person which exceeds the sum of $200,000, or any claim or judgement or portions
thereof, which, when totaled with all other claims or judgement paid by the CO-PERMITTEE arising out of
the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property
damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO-PERMITTEE, provided further that any CO-PERMITTEE’s liability hereunder shall be based on that CO-PERMITEE’s performance of this Agreement only, and no CO-PERMITTEE shall be liable for
indemnification based on another CO-PERMITTEE’s performance of this Agreement.
The COUNTY shall indemnify and hold harmless the CO-PERMITTEE and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney’s fees and costs of defense, which the CO-PERMITTEE or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating
to or resulting from the performance of this Agreement by the COUNTY or its employees, agents, servants,
partners, principals or subcontractors. The COUNTY shall pay all claims and losses in connection therewith
and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CO-PERMITTEE, where applicable, including appellate proceedings, and shall pay all costs, judgements and
attorney’s fees which may issue thereon. Provided, however, this indemnification shall only be to the extent
and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the
COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by any one
person which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the COUNTY arising out of the same incident or occurrence,
exceed the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise as a result of the negligence of the COUNTY.
Section VII
County Event of Default
Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of
Default".
If a COUNTY event of default should occur, the CO-PERMITTEE shall have all of the following rights and remedies which it may exercise singly or in combination:
1. The right to declare that this Agreement together with all rights granted to COUNTY hereunder are
terminated, effective upon such date as is designated by the CO-PERMITTEE;
2. Any and all rights provided under federal laws and the laws of the State of Florida.
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Section VIII Co-Permittee Event of Default
Without limitation, the failure by the CO-PERMITTEE to substantially fulfill any of its material obligations
in accordance with this Agreement, unless justified by Force Majeure, shall constitute a " CO-PERMITTEE
Event of Default".
If a CO-PERMITTEE Event of Default should occur, the COUNTY shall have all of the following rights and
remedies which it may exercise singularly or in combination:
1. The right to declare that this Agreement together with all rights granted to CO-PERMITTEE hereunder are terminated, effective upon such date as is designated by the COUNTY;
2. Any and all rights provided under federal laws and the laws of the State of Florida.
Section IX General Provisions
1. Authorization to Represent the CO-PERMITTEE in NPDES MS4 Operating Permit The CO-PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: the activities
under this Agreement; and compliance with requirements of those monitoring, sampling, BMP, and
BMAP portions under the NPDES MS4 Operating Permit.
2. Attendance at COUNTY Permit Review Meetings. The CO-PERMITTEE may, but is not required to, attend any or all regular meetings held by COUNTY staff for the purpose of reviewing the status of
the NPDES MS4 Operating Permit.
3. Responsibility for Discharges The CO-PERMITTEES shall each be responsible for the control, investigation of and remedial activities relating to discharges of pollutants from within their respective MS4 or boundaries to the municipal separate storm sewer system of another NPDES MS4 CO-
PERMITTEE, pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D).
4. Identification of Discharges Both the CO-PERMITTEE whose stormwater system generates a pollutant discharge that impacts another CO-PERMITEE’S system and the impacted CO-PERMITTEE agree to cooperate by providing the staff and equipment necessary to identify the source
of pollutant discharges emanating from the separate storm sewer system of one CO-PERMITTEE to
the separate storm sewer system of another CO-PERMITTEE.
5. Notification When pollutant discharges to a shared separate storm sewer system are discovered, the CO-PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the
discharge(s) agree to report said discharges to the other affected parties sharing the particular MS4. The
COUNTY shall assist, as needed, in any investigation and identification of a source of the discharge. If
the COUNTY discovers a discharge in the separate storm sewer system of a CO-PERMITTEE or the COUNTY, the COUNTY will investigate the source of the discharge and report its findings to the affected NPDES CO-PERMITTEES. When an investigation specifically identifies a NPDES CO-
PERMITTEE as the source of a pollutant discharge, then that CO-PERMITTEE shall be responsible
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for ceasing the discharge and remediating the effects of the discharge by restoring the affected MS4 in
accordance with applicable standards. 6. Dispute Resolution When the parties sharing a MS4 cannot agree on the source of a discharge to their
shared MS4, the State of Florida Department of Environmental Protection, Bureau of Watershed
Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of
discharge, remediation, and final resolution.
7. Termination Each party may terminate that particular party's participation in this Agreement without
cause by providing sixty (60) days prior written notice of termination to the other parties to this
Agreement. CO-PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY
only in the event of termination without cause by the COUNTY, and the CO-PERMITTEE shall then
be entitled to such reimbursement only to the extent that services providing information useful to the NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by any party, the
NPDES MS4 Operating Permit status of that party shall be the sole responsibility of that party.
8. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement
incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this Agreement that are
not contained in this Agreement, and that this Agreement contains the entire agreement between the
parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no
force or effect, and that this Agreement may be modified, altered or amended only by a written
amendment duly executed by the parties hereto or their representatives.
9. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein.
10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be
written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties listed in Section I of this Agreement.
11. Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute
arising over the provisions of this Agreement, the parties shall proceed with the timely performance of
their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. 12. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person
other than the parties hereto any rights or remedies under or by reason of this Agreement.
13. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement.
14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida and the United States. The COUNTY and the CO-PERMITTEE agree to submit
to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh
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Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the
Southern District of Florida, in Miami-Dade County, Florida.
15. Severability The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in
this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the
material purposes of this Agreement can be determined and effectuated.
16. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such
right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so
waived and shall not be deemed a waiver of the same right at a later time, or of any other right under
this Agreement.
17. Number of Outfalls The COUNTY will review and adjust on an annual basis the number of outfalls
and MS4 drainage area of each CO-PERMITTEE during the month of March for each fiscal year the
Agreement is in effect. Adjustments made, if any, will be in effect for the upcoming fiscal year, to
recalculate each CO-PERMITTEE’S share of the total annual costs. CO-PERMITTEES may submit
relevant outfall information to be included in the review during a two month period, from January1st to February 28th of the year immediately preceding the start of the fiscal year of the intended changes. An
updated Attachment “A” shall be provided to CO-PERMITTEES annually by March 31st for
budgetary purposes.
18. Maximum Annual Costs Each CO-PERMITTEE’S maximum (not to exceed) financial commitment under this Agreement is shown in Attachment “A”. It should be noted that the CO-PERMITTEE’s
cost share may change (+/-) based on any changes made to the Number of Outfalls or Drainage Area
during the annual reviews. Such changes shall be reflected in an updated Attachment “A”. Actual
annual expenditures invoiced by the COUNTY for water monitoring, sampling, BMP, and BMAP activities performed, will not exceed the CO-PERMITTEE’S total annual cost shown in Attachment “A” for that fiscal year.
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Execution in Counterparts
This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, _____________________________________________________, FLORIDA,
by its Commission / Council attest, that this Agreement be executed in its name by the Manager or his
designee, attested by the Clerk or Legal Representative.
Co-Permittee selection of Activities detailed in Attachment “A”:
Activity 1 (Water Monitoring)
[ X ] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
Activity 2 (Best Management Practices, BMP) [ X ] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
Activity 3 (Basin Management Action Plan/Walk the WBID, BMAP/WTW)
[ ] Yes, we wish to participate [ X ] No, but we reserve the right to request participation in subsequent fiscal years
The Co-Permittee selections shown above remain in effect for the duration of the Agreement unless otherwise
modified by the Co-Permittee. Each Co-Permittee may elect to modify their selections shown above every fiscal year the Agreement remains in place. These modifications must be formally requested between January 1 and February 28 in order to become effective for the following fiscal year and for the duration of the
Agreement unless further modifications are made by executing a new “Execution in Counterparts” form
_____________________________________________ Name of Manager (print)
_____________________________________________ Signature Date
_____________________________________________ Name of Clerk / Legal Representative (print)
_____________________________________________ Signature Date
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Execution in Counterparts
This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its
name by the County Mayor or his designee, attested by the Clerk of the Board of County Commissioners and
has caused the seal of the Board of County Commissioners to be hereto attached.
MIAMI-DADE COUNTY
Stephen P. Clark Center
111 N.W. 1 Street
Miami, FL 33128
___________________________________________________
Mayor or Mayor’s Designee Date
HARVEY RUVIN, CLERK
Attest:
____________________________________________________ Deputy Clerk Date
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26 , 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing: (Enter X in box) Yes No Yes No X
Funding Source: General Fund- Information Technology
Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: City of Miami Gardens Contract
No. 16-17-001(P)
State of Florida Contract No.43230000-1502 Licensing
Solutions Providers (LSP) of Microsoft Software and Services
X
Sponsor Name Cameron D. Benson, City Manager Department: Information Technology
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE
PURCHASE ORDERS IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED SIXTY-FIVE THOUSAND NINE HUNDRED SIXTEEN
DOLLARS AND SEVEN CENTS ($165.916.07), PER YEAR TO SHI INTERNATIONAL CORPORATION, FOR LICENSING SOLUTIONS
PROVIDERS OF MICROSOFT SOFTWARE AND SERVICES BY
RELYING ON THE FLORIDA DEPARTMENT OF MANAGEMENT
SERVICE’S CONTRACT NUMBER 43230000-15-02; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Item K-3
SHI International for
Licensing Solutions
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BACKGROUND
In 2008, the City of Miami Gardens entered into in an agreement with SHI International Corp. to provide the
licenses for all Microsoft Products used by the City, in accordance with the Florida Department of Management
Services Contract Number 252-001-09-1.
Microsoft products are used on over six hundred (600) computers, servers, and other Information Technology (IT)
devices throughout City offices. The Information Technology (IT) Department is required to perform an annual
reconciliation and pay the cost of the licenses currently being used for Informational devices.
Contract Number 252-001-09-1 expired on January 29, 2016. This initial contract Number 252-001-09-1, between
the Florida Department of Management Services and SHI International Corp. for Licensing Solutions Providers of
Microsoft Software and Services has been replaced.
CURRENT SITUATION
The Office of Procurement Management (OPM) did not apply the City of Miami Gardens Business and Resident
Economic Growth Plan (CMG-BREP) preference, Ordinance No. 2015-06-341, to this project because the City is
piggybacking on an established Florida Department of Management Services contract.
The City of Miami Gardens Information Technology Department currently has Microsoft software installed in City
offices. The City is required to pay SHI International Corp. annual fees to obtain software licenses, software and
support services.
The Information Technology (IT) Department desires to piggyback the Florida Department of Management
Services’ competitively solicited Invitation To Negotiate (ITN) 07-43230000-L (contract number 43230000-15-02)
for Licensing Solutions Providers of Microsoft Software and Services with SHI International Corp., which was
solicited on December 17, 2014, ended February 24, 2015, and resulted in responses from four (4) vendors.
Invitation To Negotiate (ITN) 07-43230000-L (contract number 43230000-15-02) for Licensing Solutions Providers
of Microsoft Software was awarded to SHI International Corp. based on the evaluation factors set forth in the
solicitation (Exhibit 1).
On January 29, 2016, the contract between Florida Department of Management Services, and SHI International
Corp. was executed. The initial term of contract number 43230000-15-02 is for three (3) years, effective February
1, 2016 through January 31, 2019. The contract may be renewed for a renewal term not to exceed three (3) years
under the same terms and conditions in place at the time of renewal and with the approved renewal pricing
specified in the contractor’s response to the solicitation. The City’s estimated contract value is one hundred and
sixty five thousand nine hundred sixteen and seven (7/100) cents ($165,916.07), per year (Exhibit 2).
Florida Department of Management Services’, State term contract Number 43230000-15-02, for Licensing
Solutions Providers of Microsoft Software and Services indicates that Microsoft determines pricing levels for its
products. If Microsoft lowers prices or pricing levels at any time, SHI International Corp. shall immediately adjust
the contract pricing to reflect the lower prices. SHI International Corp. will monitor Microsoft pricing and if at any
time additional discounts become available, the vendor will incorporate the discounts into this contract without
delay.
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This request to piggyback contract Number 43230000-15-02 for Licensing Solutions Providers of Microsoft
Software and Services is pursuant to the City of Miami Gardens, FL, Code of Ordinance Section 2-757(b)(2).
FISCAL IMPACT
The amount budgeted for this service is $156,363 for FY 2017, which is short by $9,553. However, there
are other line item surpluses in that the department can cover the shortfall.
Proposed Action:
It is recommended that the City Council approve accessing/piggybacking the competitively solicited contract
number 43230000-15-02, which was awarded by the Florida Department of Management Services, for Licensing
Solutions Providers of Microsoft Software and Services, and authorize the City Manager to issue purchase order(s)
for a total not to exceed one hundred and sixty five thousand nine hundred sixteen and seven 7/100 cents
($165,916.07), per year to SHI International Corp. The award of this contract is contingent upon receipt and
approval of insurance.
Attachments:
Exhibit 1 - State of Florida Department of Management Services Term Contract Number 43230000-15-02
Exhibit 2 - SHI International Corp. Price Proposal
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RESOLUTION NO.___________ 1 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4
MANAGER TO ISSUE PURCHASE ORDERS IN AN AMOUNT 5 NOT TO EXCEED ONE HUNDRED SIXTY-FIVE THOUSAND 6 NINE HUNDRED SIXTEEN DOLLARS AND SEVEN CENTS 7
($165.916.07), PER YEAR TO SHI INTERNATIONAL 8
CORPORATION, FOR LICENSING SOLUTIONS PROVIDERS OF 9
MICROSOFT SOFTWARE AND SERVICES BY RELYING ON 10 THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICE’S 11 CONTRACT NUMBER 43230000-15-02; PROVIDING FOR THE 12
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 13
EFFECTIVE DATE. 14
15 WHEREAS, in 2008, the City of Miami Gardens entered into in an agreement 16
with SHI International Corporation (SHI), for the provision of licenses for all Microsoft 17
Products used by the City, in accordance with the Florida Department of Management 18
Services contract number 252-001-09-1, and 19
WHEREAS, that contract expired on January 29, 2016, and 20
WHEREAS, on December 17, 2014, the Florida Department of Management 21
Services competitively solicited Invitation To Negotiate (ITN) 07-43230000-L for 22
Licensing Solutions Providers of Microsoft Software, and 23
WHEREAS, on January 29, 2016, the Florida Department of Management 24
Services entered into contract number 43230000-15-02 with SHI for Licensing Solutions 25
Providers of Microsoft Software and Services, and 26
WHEREAS, the initial term of the contract number is for three (3) years, effective 27
February 1, 2016, and may be renewed for a three (3) year term under the same terms 28
and conditions, and 29
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WHEREAS, the City’s Information Technology (IT) Department desires to rely on 30
the Florida Department of Management Service’s contract number 43230000-15-02, for 31
Licensing Solutions Providers of Microsoft Software and Services with SHI, and 32
WHEREAS, the City’s estimated contract value is One Hundred Sixty-Five 33
Thousand Nine Hundred Sixteen Dollars and Seven Cents ($165.916.07), per year, and 34
WHEREAS, City Staff recommends the City Council authorize the reliance on 35
contract number 43230000-15-02, for Licensing Solutions Providers of Microsoft 36
Software and Services, and authorize the City Manager to issue purchase orders for a 37
total not to exceed One Hundred Sixty-Five Thousand Nine Hundred Sixteen Dollars 38
and Seven Cents ($165.916.07), per year to SHI, 39
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 40
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 41
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 42
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 43
made a specific part of this Resolution. 44
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 45
hereby authorizes the City Manager to issue purchase orders in an amount not to 46
exceed One Hundred Sixty-Five Thousand Nine Hundred Sixteen Dollars and Seven 47
Cents ($165.916.07), per year to SHI International Corporation, for Licensing Solutions 48
Providers of Microsoft Software and Services by relying on the Florida Department of 49
Management Service’s contract number 43230000-15-02. 50
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 51
upon its final passage. 52
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53
54
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 55
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 56
57
___________________________________ 58 OLIVER GILBERT, III, MAYOR 59 60
61
62
ATTEST: 63 __________________________________ 64 RONETTA TAYLOR, MMC, CITY CLERK 65
66
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 67
68 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 69 70
Moved by: __________________ 71
72
VOTE: _________ 73 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 74 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 75
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 76
Councilman Rodney Harris ____ (Yes) ____ (No) 77
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 78 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 79 Councilman David Williams Jr ____ (Yes) ____ (No 80
Page 58 of 297
This State Term Contract (Contract) is between the State of Florida, Department of
Management Services (Department), Division of State Purchasing, an agency of the State of
Florida with offices at 4050 Esplanade Way, Tallahassee, FL 32399-0950, and SHI International
Corp. (Contractor) with offices at 290 Davidson Ave. Somerset, NJ 08873.
The Department entered into overarching agreements with Microsoft Corporation (Microsoft), to
standardize the use of Microsoft products and services in the State of Florida (State). Based on
those agreements the Department issued Invitation to Negotiate (ITN), No. 07-43230000-L,
Licensing Solutions Providers of Microsoft Software and Services, to identify a Microsoft
Licensing Solutions Provider (LSP) to provide Microsoft licenses and services to the State.
The Contractor submitted a Responsive reply to the ITN. After negotiations the Department
determined that the Contractor’s reply is the most advantageous to the State and has decided to
enter into this Contract.
Accordingly, and in consideration of the mutual assurances contained in the Contract, the
Department and Contractor agree as follows:
I. Scope of Work
The Contractor shall provide Microsoft software licenses and maintenance with optional
support offerings in accordance with the ITN. The Contractor will coordinate with Customers regarding Microsoft required enrollment agreements which may be a condition of purchasing licenses off of this contract. Those enrollment agreements may further
define the scope of services.
II. Contract Term
The initial term of this Contract will be three years. The initial contract shall begin on
February 1, 2016 or on the last date in which it is signed by all parties, whichever is later.
III. Renewal Terms
Upon satisfactory performance by the Contractor and written mutual agreement of the
parties, the Contract may be renewed for a renewal term not to exceed three years under
the same terms and conditions in place at the time of renewal and with the approved
renewal pricing specified in the Contractor’s response to the ITN.
IV. Florida Price
The Contractor shall provide the Florida Price on the Contractor Florida Price
Spreadsheets (Attachments A-D) that are posted on the Department’s website.
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Contingent upon approval by the Department Contract Manager, updates to the Contractor Florida Price Spreadsheets shall be posted on the Department’s website. The Department
reserves the right to remove products or services from the Contractor Florida Price
Spreadsheets as needed in the best interest of the State.
Microsoft determines pricing levels and ERP pricing for its products. If Microsoft lowers
prices, or pricing levels at any time, the Contractor shall immediately adjust the Florida pricing to reflect the lower prices. The Contractor will monitor Microsoft pricing and if at
any time additional discounts become available to the state, Contractor will incorporate the discounts into this contract without delay. Contractor will continually provide the best available pricing to the state.
V. Contract
This document, together with the following exhibits set forth the entire understanding of the parties and supersedes all prior agreements, whether written or oral.
All exhibits listed below are incorporated in their entirety, and form part of this Contract.
The Contract has the following exhibits: Exhibit A: Special Contract Conditions
Exhibit B: General Contract Conditions, Form PUR 1000 (10/06) Exhibit C: Contract Forms Exhibit D: ITN No. 07-43230000-L
Exhibit E: Contractor’s Response to ITN No. 07-43230000-L
In case of conflict, the documents shall have priority in the following order as listed:
a) This document
b) Exhibit D: ITN No. 07-43230000-L
c) Exhibit A: Special Contract Conditions d) Exhibit B: General Contract Conditions
e) Exhibit C: Contract Forms
f) Exhibit E: Contractor’s Response to ITN No. 07-43230000-L
VI. Amendments
No oral modifications to this Contract are permitted. All modifications to this Contract must
be in writing and signed by both parties.
Notwithstanding the order listed in section V, amendments executed after the Contract is
executed may expressly change the provisions of the Contract. If they do so expressly, then the most recent amendment will take precedence over anything else that is part of
the Contract.
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EXHIBIT A: SPECIAL CONTRACT CONDITIONS
1. ELECTRONIC INVOICE
The Contractor may supply electronic invoices in lieu of paper-based invoices for those
transactions processed through the MyFloridaMarketPlace (MFMP). Electronic invoices
may be submitted to the Customer through the Ariba Network (AN), whose usage is not
mandatory. Contractor may incur a fee for use of the AN. If Contractor chooses to
participate in the AN, electronic invoices shall be submitted to the Customer in one of
three mechanisms as listed below.
a) COMMERCE EXTENSIBLE MARKUP LANGUAGE (CXML)
This standard establishes the data contents required for invoicing via cXML within
the context of an electronic environment. This transaction set can be used for
invoicing via the AN for catalog and non-catalog goods and services. The cXML
format is the Ariba preferred method for electronic invoicing.
b) ELECTRONIC DATA INTERCHANGE (EDI)
This standard establishes the data contents of the Invoice Transaction Set (810) for
use within the context of an EDI environment. This transaction set can be used for
invoicing via the AN for catalog and non-catalog goods and services.
c) PURCHASE ORDER (P.O.) FLIP VIA ARIBA NETWORK (AN)
The online process allows suppliers to submit invoices via the AN for catalog and
non-catalog goods and services. Contractors have the ability to create an invoice
directly from their Inbox in their AN account by simply “flipping” the P.O. into an
invoice. This option does not require any special software or technical capabilities.
For the purposes of this section, the Contractor warrants and represents that it is
authorized and empowered to and hereby grants the State and the third party provider of
MFMP, a State Contractor, the right and license to use, reproduce, transmit, distribute,
and publicly display within the system the information outlined above. In addition, the
Contractor warrants and represents that it is authorized and empowered to and hereby
grants the State and the third party provider the right and license to reproduce and
display within the system the Contractor’s trademarks, system marks, logos, trade dress,
or other branding designation that identifies the products made available by the
Contractor under the Contract.
The Contractor may work with the MFMP management team to obtain specific
requirements for the Electronic Invoicing upon contract award.
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2. PRODUCT AND CATALOG SPECIFICATIONS (SERVICES INCLUDED, IF
APPLICABLE)
The Contractor shall submit all Catalog changes to the Department for review. Once
approved in writing by the Department, the product Catalog submitted will be
incorporated into the Contract. Any additional terms and conditions contained in the
product Catalog language will not be included in the Contract.
3. PURCHASING CARD PROGRAM
Contractor must accept the Universal card format Purchasing Cards (e.g., American
Express, MasterCard, and Visa). However, the Purchasing Card is not the exclusive
method of payment (e.g., Purchase Order). The method of ordering and payment (e.g.,
Purchase Order, Purchasing Card) shall be selected by the Eligible User.
4. COMPLIANCE WITH LAWS
The Contractor shall comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
Federal, State, and local agencies having jurisdiction and authority. For example,
Chapter 287, of the Florida Statutes and Rule 60A of the Florida Administrative Code
govern the Contract. The Contractor shall comply with section 274A of the Immigration
and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against
discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital
status, or veteran’s status. Violation of any such applicable laws, roles, codes,
ordinances and licensing requirements, shall be grounds for Contract termination.
5. LIABILITY AND WORKER’S COMPENSATION INSURANCE
During the Contract term, the Contractor at its sole expense shall provide commercial
insurance of such a type and with such terms and limits as may be reasonably
associated with the Contract, which, at a minimum, shall be: workers’ compensation and
employer’s liability insurance per Florida statutory limits (currently $100,000 per
accident, $100,000 per person, and $500,000 policy aggregate) covering all employees
engaged in any Contract work; commercial general liability coverage on an occurrence
basis in the minimum amount of $500,000 (defense cost shall be in excess of the limit of
liability), naming the State as an additional insured; and automobile liability insurance
covering all vehicles, owned or otherwise, used in the Contract work, with minimum
combined limits of $500,000, including hired and non-owned liability, and $5,000 medical
payment. Providing and maintaining adequate insurance coverage is a material
obligation of the Contractor and is of the essence of the Contract. The Contract shall not
limit the types of insurance Contractor may desire to obtain or be required to obtain by
law. The limits of coverage under each policy maintained by the Contractor shall not be
interpreted as limiting the Contractor’s liability and obligations under the Contract. All
insurance policies shall be through insurers authorized to write policies in Florida.
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6. DETAIL OF BILLS
Contractor shall submit bills for fees or other compensation for services or expenses in
detail sufficient enough for a proper pre-audit and post-audit. The Department reserves
the right to request additional documentation.
7. PAYMENT TIMEFRAME
Section 215.422, Florida Statutes (F.S.), provides that agencies have five (5) working
days to inspect and approve commodities or contractual services. Items may be tested
for compliance with specifications. Items delivered not conforming to specifications may
be rejected and returned at the Contractor’s expense. Interest penalties for late payment
are also provided for in section 215.422, F.S. A Vendor Ombudsman, whose duties
include acting as an advocate for Vendors who may be experiencing problems obtaining
timely payment(s) from an Agency, may be contacted at 850-413-5516, or Vendors may
call the State Comptroller’s Hotline at 1-800-848-3792.
8. MYFLORIDAMARKETPLACE FEES
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), Florida Statutes. Payments issued by Agencies or Eligible Users to
Vendors for purchases of commodities or contractual services are subject to Transaction
Fees, as prescribed by rule 60A-1.031, Florida Administrative Code, or as may
otherwise be established by law.
Effective November 1st, 2015, through July 1st, 2016, in accordance with Senate Bill
2502-A, the Transaction Fees imposed for use of the State of Florida’s eProcurement
systems will change from one percent (1%) to seven-tenths of one percent (.70%) of the
payment issued. The Transaction Fees imposed shall be based upon the date of
issuance of the payment.
Any questions regarding the Transaction Fees should be directed to the MFMP
Customer Service Desk, at 866-352-3776, BuyerHelp@myfloridamarketplace.com or
VendorHelp@myfloridamarketplace.com.
Vendors shall submit monthly reports required by the rule. All reports shall be subject to
audit. Failure to pay Transaction Fees or submit reports shall constitute grounds for
default and exclusion from business with the State of Florida.
9. PAYMENT AUDIT
Records of costs incurred under terms of the Contract shall be maintained and made
available to the Agency upon request at all times during the period of the Contract, and
for a period of three years thereafter. Records of costs incurred shall include the
Contractor’s general accounting records, together with supporting documents and
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records of the Contractor and all subcontractors performing work, and all other records
of the Contractor and subcontractors considered necessary by the Agency for audit.
10. BILLS FOR TRAVEL
Travel expenses are not reimbursable unless specifically authorized in writing and shall
be reimbursed only in accordance with section 112.061, Florida Statutes.
11. PUBLIC RECORDS
Access to Public Records
To the extent required by the Florida Public Records Act, Chapter 119, F.S., the
Contractor shall maintain and allow access to public records made or received in
conjunction with the Contract.
(a)The Department may unilaterally cancel the Contract for refusal by the Contractor to
allow access to all public records, including documents, papers, letters, or other material
made or received by the Contractor in conjunction with the Contract, unless the records
are exempt from s. 24(a) of Art. I of the State Constitution and section 119.07(1), Florida
Statutes.
(b) If, under this Contract, the Contractor is providing services and is acting on behalf of
a public agency as provided by section 119.0701(1)(b), Florida Statutes, the Contractor
shall:
(1) Keep and maintain public records that ordinarily and necessarily would be
required by the public agency in order to perform the service.
(2) Provide the public with access to public records on the same terms and
conditions that the public agency would provide the records and at a cost that does
not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(4) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the Contractor upon termination of
the Contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible
with the information technology systems of the public agency.
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Protection of Trade Secrets or Other Confidential Information
(a) If the Contractor considers any portion of materials made or received in the course of
performing the Contract (“contract-related materials”) to be trade secret under section
812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as “confidential” when
submitted to the Department.
(b) If the Department receives a public records request for contract-related materials
designated by the Contractor as “confidential,” the Department will provide only the
portions of the contract-related materials not designated as “confidential.” If the
requester asserts a right to examine contract-related materials designated as
“confidential,” the Department will notify the Contractor. The Contractor will be
responsible for responding to and resolving all claims for access to contract-related
materials it has designated “confidential.”
(c) If the Department is served with a request for discovery of contract-related materials
designated “confidential,” the Department will promptly notify the Contractor about the
request. The Contractor will be responsible for filing the appropriate motion or objection
in response to the request for discovery. The Department will provide materials
designated “confidential” only if the Contractor fails to take appropriate action, within
timeframes established by statute and court rule, to protect the materials designated as
“confidential” from disclosure.
(d) The Contractor shall protect, defend, and indemnify the Department for claims, costs,
fines, and attorney’s fees arising from or relating to its designation of contract-related
materials as “confidential.”
12. RETENTION OF RECORDS
Contractor shall retain sufficient documentation to substantiate claims for payment under
the Contract, and all other records made in relation to the Contract, for five (5) years
after expiration or termination of the Contract.
13. COMMUNICATIONS AND CONFIDENTIALITY
The Contractor agrees that it shall make no statements, press releases, or publicity
releases concerning the Contract or its subject matter or otherwise disclose or permit to
be disclosed any of the data or other information obtained or furnished in compliance
with the Contract, or any particulars thereof, during the period of the Contract, without
first notifying the Department’s Contract Manager or the Department’s designated
contact person and securing prior written consent. The Contractor shall maintain
confidentiality of all confidential data, files, and records related to the services and/or
commodities provided pursuant to the Contract and shall comply with all state and
federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057,
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F.S. The Contractor’s confidentiality procedures shall be consistent with the most recent
version of the Customer’s security policies, protocols, and procedures. The Contractor
shall also comply with any applicable professional standards with respect to
confidentiality of information.
14. INTELLECTUAL PROPERTY
The parties do not anticipate that any Intellectual Property will be developed or created
as a result of the Contract. However, in such case as it is developed or created, any
Intellectual Property developed or created as a result of the Contract will belong to and
be the sole property of the State of Florida. This provision will survive the termination or
expiration of the Contract.
15. PREFERRED PRICE AFFIDAVIT REQUIREMENT
The Department will provide the Preferred Pricing Affidavit, incorporated by reference,
for completion by an authorized representative of the Contractor attesting that the
Contractor is in compliance with the preferred pricing provision in section 4(b) of the
PUR 1000 form. The Contractor agrees to submit to the Department, at least annually,
the completed Preferred Pricing Affidavit.
16. EMPLOYMENT VERIFICATION (E-VERIFY)
In accordance with Executive Order Number 11-116, the Contractor agrees to utilize the
U.S. Department of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp,
to verify the employment of all new employees hired by the Contractor during the
Contract term for the services specified in the Contract. Also, Contractor shall include in
related subcontracts a requirement that subcontractors performing work or providing
services pursuant to the Contract utilize the E-Verify system to verify employment of all
new employees hired by the subcontractor during the Contract term.
17. SCRUTINIZED COMPANY LIST
In accordance with subsection 287.135(5), Florida Statutes, the Contractor certifies that
it is not listed on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created
pursuant to section 215.473, Florida Statutes.
In accordance with 287.135, the Department may unilaterally terminate this contract if it
determines that the Contractor has submitted a false certification as provided under
subsection 287.135 (5), or that it is placed on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List.
18. CONVICTED AND DISCRIMINATORY VENDOR LISTS
In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on
the Convicted Vendor List or the Discriminatory Vendor List may not perform work as a
contractor, supplier, subcontractor, or consultant under the Contract.
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19. TERMINATION FOR CONVENIENCE
The Contract may be terminated by the Department in whole or in part at any time in the
best interest of the State. If the Contract is terminated before performance is completed,
the Contractor shall be paid only for that work satisfactorily performed for which costs
can be substantiated. Such payment, however, may not exceed an amount which is the
same percentage of the Contract price as the amount of work satisfactorily performed.
20. TERMINATION FOR CAUSE
If the Department determines that the performance of the Contractor is not satisfactory,
the Department shall have the option of (a) immediately terminating the Contract, or (b)
notifying the Contractor of the deficiency with a requirement that the deficiency be
corrected within a specified time, otherwise the Contract will be terminated at the end of
such time, or (c) take other action deemed appropriate by the Department.
21. COMMITMENT TO DIVERSITY IN GOVERNMENT CONTRACTING
The State of Florida is committed to supporting its diverse business industry and
population through ensuring participation by minority-, women-, wartime-, and service-
disabled veteran business enterprises in the economic life of the State. The State of
Florida Mentor Protégé Program connects minority-, women-, wartime-, and service-
disabled veteran business enterprises with private corporations for business
development mentoring. We strongly encourage firms doing business with the State of
Florida to consider this initiative. For more information on the Mentor Protégé Program,
please contact the Office of Supplier Diversity at (850) 487-0915 or
osdhelp@dms.myflorida.com.
Upon request, the Contractor shall report to the Department spend with certified and
other minority business enterprises. These reports will include the period covered, the
name, minority code and Federal Employer Identification Number of each minority
vendor utilized during the period, commodities and services provided by the minority
business enterprise, and the amount paid to each minority vendor on behalf of each
purchasing agency ordering under the terms of this Contract.
22. BUSINESS REVIEW MEETINGS
The Department reserves the right to schedule business review meetings as frequently
as necessary. The Department will provide the format for the Contractor’s agenda. Prior
to the meeting, the Contractor shall submit the completed agenda to the Department for
review and acceptance. The Contractor shall address the agenda items and any of the
Department’s additional concerns at the meeting. Failure to comply with this section
may result in the Contractor being found in default and contract termination.
23. ETHICAL BUSINESS PRACTICES
Contractors shall work in partnership with the State to ensure a successful and valuable
Contract. Ethical practices are required of State employees, Contractors, and all parties
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representing the Contractor. All work performed under this Contract will be subject to
review by the Inspector General of the State of Florida, and any findings suggesting
unethical business practices may be cause for termination or cancellation.
24. GRATUITIES
The Contractor shall not, in connection with this or any other agreement with the State,
directly or indirectly (1) offer, give, or agree to give anything of value to anyone as
consideration for any State officer or employee’s decision, opinion, recommendation,
vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or
agree to give to anyone anything of value for the benefit of, or at the direction or request
of, any State officer or employee.
25. LOBBYING
In accordance with sections 11.062 and 216.347, F.S., the Contract funds are not for the
purpose of lobbying the Legislature, the judicial branch, or an Agency. Pursuant to
subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying
the executive or legislative branch concerning the scope of services, performance, term,
or compensation regarding the Contract, after the Contract’s execution and during the
Contract’s term.
26. COOPERATION WITH INSPECTOR GENERAL
Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the
Contractor, understand and will comply with their duty to cooperate with the Inspector
General in any investigation, audit, inspection, review, or hearing. Upon request of the
Inspector General or any other authorized State official, the Contractor shall provide any
type of information the Inspector General deems relevant to the Contractor's integrity or
responsibility. Such information may include, but shall not be limited to, the Contractor's
business or financial records, documents, or files of any type or form that refer to or
relate to the Contract. The Contractor shall retain such records for three (3) years after
the expiration of the Contract, or the period required by the General Records Schedules
maintained by the Florida Department of State (available at:
http://dos.myflorida.com/library-archives/records-management/general-records-
schedules/), whichever is longer. The Contractor agrees to reimburse the State for the
reasonable costs of investigation incurred by the Inspector General or other authorized
State official for investigations of the Contractor's compliance with the terms of this or
any other agreement between the Contractor and the State which results in the
suspension or debarment of the Contractor. Such costs shall include, but shall not be
limited to: salaries of investigators, including overtime; travel and lodging expenses; and
expert witness and documentary fees.
27. PRODUCT VARIATIONS/CUSTOM ORDERS
New variations, substitutions, including custom orders of existing software licenses,
maintenance and services awarded under the Contract will be considered by the
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Department if it is in the best interest of the State. All modifications and special requests
must receive prior written approval from the Department or Customer before execution
of the purchase. Proposed changes are not to compromise the integrity of the software
licenses, maintenance or services performance.
28. DELAYS AND COMPLAINTS
Delivery delays and service complaints will be monitored on a continual basis.
Documented inability to perform under the conditions of the Contract (via the established
Complaint to Vendor process (PUR 7017 form) may result in default proceedings and
cancellation.
29. SALES AND USE TAX
It is the responsibility of the Contractor to determine how work accomplished under this
Contract would be subject to a Use Tax as written in the "Sales and Use Tax" Rule 12A-
1, Florida Administrative Code. Any questions concerning the Use Tax as it relates to
this contract shall be directed to the Taxpayer Assistance section at the Department of
Revenue (DOR) (800) 352-3671, Monday through Friday, 8 a.m. to 7 p.m. (ET). For
more information visit the DOR website at http://dor.myflorida.com/dor/businesses.
30. INSURANCE, LOSS DEDUCTIBLE
The Department and Customer shall be exempt from, and in no way liable for, any sums
of money which may represent a deductible in any insurance policy. The payment of
such deductible shall be the sole responsibility of the contractor providing such
insurance. Upon request, the Contractor shall furnish the Department or Customer an
insurance certificate proving appropriate coverage is in full force and effect.
31. INSURANCE, SUBCONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE
The Contractor shall require each of its subcontractors to secure and maintain during the
life of the subcontract, insurance of the type specified in section 5, Liability and Workers
Compensation Insurance, or the Contractor may insure the activities of its
subcontractors in the Contractor’s policy, as specified in the Liability and Workers
Compensation Insurance Section of this contract.
32. INDEMNITY
The Contractor agrees to indemnify, defend, and hold the State of Florida, its officers,
employees and agents harmless from all fines, claims, assessments, suits, judgments,
or damages, consequential or otherwise, including court costs and attorney’s fees,
arising out of any acts, actions, breaches, neglect or omissions of the Contractor, its
employees, agents, subcontractors, assignees or delegates related to the Contract, as
well as for any determination arising out of or related to the Contract, that the Contractor
or Contractor’s employees, agents, subcontractors, assignees or delegates are not
independent contractors in relation to the Agency. The Contract does not constitute a
waiver of sovereign immunity or consent by the Agency or the State of Florida or its
subdivisions to suit by third parties.
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33. PAYMENT FOR CLAIMS
The Contractor guarantees the payment of all just claims for materials, supplies, tools, or
labor and other just claims against the Contractor or any employee, agent,
subcontractor, assignee or delegate in connection with the Contract.
34. PERFORMANCE AND PAYMENT BONDS
The authority and responsibility for requesting performance and payment bonds shall
rest with the Customer. Under this contract, the Customer issuing the purchase order
may request a performance and payment bond as deemed necessary by the size of the
job. Inability to provide a bond shall result in the Contractor being found in default of the
contract.
35. WARRANTY
The Microsoft standard warranty shall cover all software and the Contractor’s warranty
shall cover Value-added services provided under this the Contract. The Microsoft
standard warranty is required to provide coverage against defective software,
workmanship, and failure to perform in accordance with the specifications and required
performance criteria. The Microsoft and Contractor warranty coverage must be identical
to or exceed the most inclusive of those normally provided for the commodities and
contractual services specified herein that are sold to any State or local governments.
Should the Microsoft or Contractor warranty conflict with any requirements,
specifications, terms, or conditions of the Contract, the Contract terms and conditions
shall prevail.
36. CONTRACT REVISIONS
Notwithstanding General Contract Conditions, section 42 of the PUR 1000 Form, the
following types of revisions can be made to the Contract upon written authorization by
the Department:
a) Contractor’s Company Information and Contacts
b) Contract Administrator
c) Contract Forms
d) Catalog Revisions
The Contractor shall use the appropriate form to request changes to the items listed
above and shall submit the form to the Department for review and approval. Only the
above listed provisions can be made without a formal Contract amendment. General
Contract Conditions, section 42 of the PUR 1000, apply to all other modifications to the
Contract.
37. FINANCIAL CONSEQUENCES
The Contract Administrator shall periodically review the Contractor’s Compliance with
the responsibilities and deliverables in the Contract. If the Contractor fails to meet and
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comply with the responsibilities and deliverables established in the Contract, Contractor
will be subject to damages. See Exhibit C, section 18 for additional information.
38. THIRD PARTY AUDITS AND REPORTING REQUIREMENTS
At no additional cost to the State, the Contractor is to contract with an independent third
party firm (to be approved by the Department) to conduct, at a minimum, at least one
random sampling of the Contractor’s price list per quarter in accordance with Section
6.23 of the ITN.
The Contractor’s failure to comply with this requirement may result in financial
consequences and may also result in the Contractor’s immediate removal from the
Contract.
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EXHIBIT B: GENERAL CONTRACT CONDITIONS
State of Florida
PUR 1000
General Contract Conditions
Contents
1. Definitions.
2. Purchase Orders.
3. Product Version.
4. Price Changes Applicable only to Term Contracts.
5. Additional Quantities.
6. Packaging.
7. Inspection at Contractor’s Site.
8. Safety Standards.
9. Americans with Disabilities Act.
10. Literature.
11. Transportation and Delivery.
12. Installation.
13. Risk of Loss.
14. Transaction Fee.
15. Invoicing and Payment.
16. Taxes.
17. Governmental Restrictions.
18. Lobbying and Integrity.
19. Indemnification.
20. Limitation of Liability.
21. Suspension of Work.
22. Termination for Convenience.
23. Termination for Cause.
24. Force Majeure, Notice of Delay, and No Damages for Delay.
25. Changes.
26. Renewal.
27. Purchase Order Duration.
28. Advertising.
29. Assignment.
30. Antitrust Assignment
31. Dispute Resolution.
32. Employees, Subcontractors, and Agents.
33. Security and Confidentiality.
34. Contractor Employees, Subcontractors, and Other Agents.
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35. Insurance Requirements.
36. Warranty of Authority.
37. Warranty of Ability to Perform.
38. Notices.
39. Leases and Installment Purchases.
40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
41. Products Available from the Blind or Other Handicapped.
42. Modification of Terms.
43. Cooperative Purchasing.
44. Waiver.
45. Annual Appropriations.
46. Execution in Counterparts.
47. Severability.
1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement.
The following additional terms are also defined:
(a) “Contract” means the legally enforceable agreement that results from a successful
solicitation. The parties to the Contract will be the Customer and Contractor.
(b) “Customer” means the State agency or other entity identified in a contract as the party to
receive commodities or contractual services pursuant to a contract or that orders commodities
or contractual services via purchase order or other contractual instrument from the Contractor
under the Contract. The “Customer” may also be the “Buyer” as defined in the PUR 1001 if it
meets the definition of both terms.
(c) “Product” means any deliverable under the Contract, which may include commodities,
services, technology or software.
(d) “Purchase order” means the form or format a Customer uses to make a purchase under the
Contract (e.g., a formal written purchase order, electronic purchase order, procurement card,
contract or other authorized means).
2. Purchase Orders. In contracts where commodities or services are ordered by the Customer
via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a
purchase order. All purchase orders shall bear the Contract number, shall be placed by the
Customer directly with the Contractor, and shall be deemed to incorporate by reference the
Contract terms and conditions. Any discrepancy between the Contract terms and the terms
stated on the Contractor’s order form, confirmation, or acknowledgement shall be resolved in
favor of terms most favorable to the Customer. A purchase order for services within the ambit
of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the
requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract
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manager and a contract administrator as required by subsections 287.057(15) and (16) of the
Florida Statutes.
3. Product Version. Purchase orders shall be deemed to reference a manufacturer’s most
recently release model or version of the product at the time of the order, unless the Customer
specifically requests in writing an earlier model or version and the contractor is willing to provide
such model or version.
4. Price Changes Applicable only to Term Contracts. If this is a term contract for
commodities or services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery
of large single orders. Customers should seek to negotiate additional price concessions on
quantity purchases of any products offered under the Contract. State Customers shall
document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better
pricing offered by the Contractor for substantially the same or a smaller quantity of a product
outside the Contract, but upon the same or similar terms of the Contract, then at the discretion
of the Customer the price under the Contract shall be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due
to a change in market conditions, a Contractor may conduct sales promotions involving price
reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist
documentation identifying the proposed (1) starting and ending dates of the promotion, (2)
products involved, and (3) promotional prices compared to then-authorized prices. Promotional
prices shall be available to all Customers. Upon approval, the Contractor shall provide
conspicuous notice of the promotion.
(d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A
trade-in shall be negotiated between the Customer and the Contractor. Customers are
obligated to actively seek current fair market value when trading equipment, and to keep
accurate records of the process. For State agencies, it may be necessary to provide
documentation to the Department of Financial Services and to the agency property custodian
pursuant to Chapter 273, F.S.
(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable
adjustment in the Contract terms or pricing if pricing or availability of supply is affected by
extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all
the following criteria: (1) the volatility is due to causes wholly beyond the Contractor’s control,
(2) the volatility affects the marketplace or industry, not just the particular Contract source of
supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so
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affects the Contractor that continued performance of the Contract would result in a substantial
loss.
5. Additional Quantities. For a period not exceeding ninety (90) days from the date of Contract
award, the Customer reserves the right to acquire additional quantities up to the amount shown
on the Contract but not to exceed the threshold for Category Two at the prices submitted in the
response to the solicitation.
6. Packaging. Tangible product shall be securely and properly packed for shipment, storage,
and stocking in appropriate, clearly labeled, shipping containers and according to accepted
commercial practice, without extra charge for packing materials, cases, or other types of
containers. All containers and packaging shall become and remain Customer’s property.
7. Inspection at Contractor’s Site. The Customer reserves the right to inspect, at any
reasonable time with prior notice, the equipment or product or plant or other facilities of a
Contractor to assess conformity with Contract requirements and to determine whether they are
adequate and suitable for proper and effective Contract performance.
8. Safety Standards. All manufactured items and fabricated assemblies subject to operation
under pressure, operation by connection to an electric source, or operation involving connection
to a manufactured, natural, or LP gas source shall be constructed and approved in a manner
acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum,
identification marking of the appropriate safety standard organization, where such approvals of
listings have been established for the type of device offered and furnished, for example: the
American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories
and/or National Electrical Manufacturers’ Association for electrically operated assemblies; and
the American Gas Association for gas-operated assemblies. In addition, all items furnished
shall meet all applicable requirements of the Occupational Safety and Health Act and state and
federal requirements relating to clean air and water pollution.
9. Americans with Disabilities Act. Contractors should identify any products that may be
used or adapted for use by visually, hearing, or other physically impaired individuals.
10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the
product offered, for example, user manuals, price schedules, catalogs, descriptive brochures,
etc.
11. Transportation and Delivery. Prices shall include all charges for packing, handling,
freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to
any point within thirty (30) days after the Customer places an Order. A Contractor, within five
(5) days after receiving a purchase order, shall notify the Customer of any potential delivery
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delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and
Contractor suspension.
12. Installation. Where installation is required, Contractor shall be responsible for placing and
installing the product in the required locations at no additional charge, unless otherwise
designated on the Contract or purchase order. Contractor’s authorized product and price list
shall clearly and separately identify any additional installation charges. All materials used in the
installation shall be of good quality and shall be free of defects that would diminish the
appearance of the product or render it structurally or operationally unsound. Installation
includes the furnishing of any equipment, rigging, and materials required to install or replace the
product in the proper location. Contractor shall protect the site from damage and shall repair
damages or injury caused during installation by Contractor or its employees or agents. If any
alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall
promptly restore the structure or site to its original condition. Contractor shall perform
installation work so as to cause the least inconvenience and interference with Customers and
with proper consideration of others on site. Upon completion of the installation, the location and
surrounding area of work shall be left clean and in a neat and unobstructed condition, with
everything in satisfactory repair and order.
13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S.
Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall
be responsible for filing, processing, and collecting all damage claims. To assist the Contractor
with damage claims, the Customer shall: record any evidence of visible damage on all copies of
the delivering carrier’s Bill of Lading; report damages to the carrier and the Contractor; and
provide the Contractor with a copy of the carrier’s Bill of Lading and damage inspection report.
When a Customer rejects a product, Contractor shall remove it from the premises within ten
days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-
conforming product shall remain with the Contractor. Rejected product not removed by the
Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer
shall have the right to dispose of it as its own property. Contractor shall reimburse the
Customer for costs and expenses incurred in storing or effecting removal or disposition of
rejected product.
14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide
eProcurement System (“System”). Pursuant to section 287.057(23), Florida Statutes (2002), all
payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor
shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee
shall, when possible, be automatically deducted from payments to the Contractor. If automatic
deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-
1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor
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certifies their correctness. All such reports and payments shall be subject to audit by the State
or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase
of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of
the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an
item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply with
specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor
in default and recovering reprocurement costs from the Contractor in addition to all outstanding
fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT
TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES’ VENDOR
LIST AS PROVIDED IN RULE 60A-1.006, F.A.C.
15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order
number if applicable, and the appropriate vendor identification number. The State may require
any other information from the Contractor that the State deems necessary to verify any
purchase order placed under the Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to
guidelines of the Department of Management Services. Current guidelines require that
Contractor supply electronic invoices in lieu of paper-based invoices for those transactions
processed through the system. Electronic invoices shall be submitted to the Customer through
the Ariba Supplier Network (ASN) in one of the following mechanisms – EDI 810, cXML, or web-
based invoice entry within the ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida
Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a
Contractor due to preparation errors will result in a delay in payment. Contractors may call
(850) 413-7269 Monday through Friday to inquire about the status of payments by State
Agencies. The Customer is responsible for all payments under the Contract. A Customer’s
failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not
relieve the Contractor of its obligations to the Department or to other Customers.
16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible
personal property. The State will not pay for any personal property taxes levied on the
Contractor or for any taxes levied on employees’ wages. Any exceptions to this paragraph shall
be explicitly noted by the Customer in the special contract conditions section of the solicitation
or in the Contract or purchase order.
17. Governmental Restrictions. If the Contractor believes that any governmental restrictions
have been imposed that require alteration of the material, quality, workmanship or performance
of the products offered under the Contract, the Contractor shall immediately notify the Customer
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in writing, indicating the specific restriction. The Customer reserves the right and the complete
discretion to accept any such alteration or to cancel the Contract at no further expense to the
Customer.
18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and
section 216.347, F.S. The Contractor shall not, in connection with this or any other agreement
with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on
anyone as consideration for any State officer or employee’s decision, opinion, recommendation,
vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to
give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer
or employee. For purposes of clause (2), “gratuity” means any payment of more than nominal
monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans,
subscriptions, advances, deposits of money, services, employment, or contracts of any kind.
Upon request of the Customer’s Inspector General, or other authorized State official, the
Contractor shall provide any type of information the Inspector General deems relevant to the
Contractor’s integrity or responsibility. Such information may include, but shall not be limited to,
the Contractor’s business or financial records, documents, or files of any type or form that refer
to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three
years after the expiration of the Contract or (2) the period required by the General Records
Schedules maintained by the Florida Department of State (available at:
http://dlis.dos.state.fl.us/barm/genschedules/gensched.htm). The Contractor agrees to
reimburse the State for the reasonable costs of investigation incurred by the Inspector General
or other authorized State official for investigations of the Contractor’s compliance with the terms
of this or any other agreement between the Contractor and the State which results in the
suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to:
salaries of investigators, including overtime; travel and lodging expenses; and expert witness
and documentary fees. The Contractor shall not be responsible for any costs of investigations
that do not result in the Contractor’s suspension or debarment.
19. Indemnification. The Contractor shall be fully liable for the actions of its agents,
employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the
State and Customers, and their officers, agents, and employees, from suits, actions, damages,
and costs of every name and description, including attorneys’ fees, arising from or relating to
personal injury and damage to real or personal tangible property alleged to be caused in whole
or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however,
that the Contractor shall not indemnify for that portion of any loss or damages proximately
caused by the negligent act or omission of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and
Customers from any suits, actions, damages, and costs of every name and description,
including attorneys’ fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret or intellectual property right, provided, however, that the
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foregoing obligation shall not apply to a Customer’s misuse or modification of Contractor’s
products or a Customer’s operation or use of Contractor’s products in a manner not
contemplated by the Contract or the purchase order. If any product is the subject of an
infringement suit or in the Contractor’s opinion is likely to become the subject of such a suit, the
Contractor may at its sole expense procure for the Customer the right to continue using the
product or to modify it to become non-infringing. If the Contractor is not reasonably able to
modify or otherwise secure the Customer the right to continue using the product, the Contractor
shall remove the product and refund the Customer the amounts paid in excess of a reasonable
rental for past use. The customer shall not be liable for any royalties.
The Contractor’s obligations under the preceding two paragraphs with respect to any legal
action are contingent upon the State or Customer giving the Contractor (1) written notice of any
action or threatened action, (2) the opportunity to take over and settle or defend any such action
at Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s sole
expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or
made by the State or Customer in any legal action without the Contractor’s prior written consent,
which shall not be unreasonably withheld.
20. Limitation of Liability. For all claims against the Contractor under any contract or purchase
order, and regardless of the basis on which the claim is made, the Contractor’s liability under a
contract or purchase order for direct damages shall be limited to the greater of $100,000, the
dollar amount of the contract or purchase order, or two times the charges rendered by the
Contractor under the purchase order. This limitation shall not apply to claims arising under the
Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall
be liable to another for special, indirect, punitive, or consequential damages, including lost data
or records (unless the contract or purchase order requires the Contractor to back-up data or
records), even if the party has been advised that such damages are possible. No party shall be
liable for lost profits, lost revenue, or lost institutional operating savings. The State and
Customer may, in addition to other remedies available to them at law or equity and upon notice
to the Contractor, retain such monies from amounts due Contractor as may be necessary to
satisfy any claim for damages, penalties, costs and the like asserted by or against them. The
State may set off any liability or other obligation of the Contractor or its affiliates to the State
against any payments due the Contractor under any contract with the State.
21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities
under the Contract or purchase order, at any time, when in the best interests of the State to do
so. The Customer shall provide the Contractor written notice outlining the particulars of
suspension. Examples of the reason for suspension include, but are not limited to, budgetary
constraints, declaration of emergency, or other such circumstances. After receiving a
suspension notice, the Contractor shall comply with the notice and shall not accept any
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purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the
Customer shall either (1) issue a notice authorizing resumption of work, at which time activity
shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not
entitle the Contractor to any additional compensation.
22. Termination for Convenience. The Customer, by written notice to the Contractor, may
terminate the Contract in whole or in part when the Customer determines in its sole discretion
that it is in the State’s interest to do so. The Contractor shall not furnish any product after it
receives the notice of termination, except as necessary to complete the continued portion of the
Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost
profits.
23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to
(1) deliver the product within the time specified in the Contract or any extension, (2) maintain
adequate progress, thus endangering performance of the Contract, (3) honor any term of the
Contract, or (4) abide by any statutory, regulatory, or licensing requirement.
Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The
Contractor shall continue work on any work not terminated. Except for defaults of
subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to
perform the Contract arises from events completely beyond the control, and without the fault or
negligence, of the Contractor. If the failure to perform is caused by the default of a
subcontractor at any tier, and if the cause of the default is completely beyond the control of both
the Contractor and the subcontractor, and without the fault or negligence of either, the
Contractor shall not be liable for any excess costs for failure to perform, unless the
subcontracted products were obtainable from other sources in sufficient time for the Contractor
to meet the required delivery schedule. If, after termination, it is determined that the Contractor
was not in default, or that the default was excusable, the rights and obligations of the parties
shall be the same as if the termination had been issued for the convenience of the Customer.
The rights and remedies of the Customer in this clause are in addition to any other rights and
remedies provided by law or under the Contract.
24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be
responsible for delay resulting from its failure to perform if neither the fault nor the negligence of
the Contractor or its employees or agents contributed to the delay and the delay is due directly
to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly
beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or
suppliers if no alternate source of supply is available to the Contractor. In case of any delay the
Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay
or potential delay and describe the cause of the delay either (1) within ten (10) days after the
cause that creates or will create the delay first arose, if the Contractor could reasonably foresee
that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5)
days after the date the Contractor first had reason to believe that a delay could result. THE
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FOREGOING SHALL CONSTITUTE THE CONTRACTOR’S SOLE REMEDY OR EXCUSE
WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a
condition precedent to such remedy. No claim for damages, other than for an extension of time,
shall be asserted against the Customer. The Contractor shall not be entitled to an increase in
the Contract price or payment of any kind from the Customer for direct, indirect, consequential,
impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause
whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the
causes described in this paragraph, after the causes have ceased to exist the Contractor shall
perform at no increased cost, unless the Customer determines, in its sole discretion, that the
delay will significantly impair the value of the Contract to the State or to Customers, in which
case the Customer may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers with respect to products
subjected to allocation, or (2) purchase from other sources (without recourse to and by the
Contractor for the related costs and expenses) to replace all or part of the products that are the
subject of the delay, which purchases may be deducted from the Contract quantity, or (3)
terminate the Contract in whole or in part.
25. Changes. The Customer may unilaterally require, by written order, changes altering,
adding to, or deducting from the Contract specifications, provided that such changes are within
the general scope of the Contract. The Customer may make an equitable adjustment in the
Contract price or delivery date if the change affects the cost or time of performance. Such
equitable adjustments require the written consent of the Contractor, which shall not be
unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit
separate bids to satisfy them.
26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the
Contract, in whole or in part, for a period that may not exceed 3 years or the term of the
contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in
the solicitation response. The renewal must be in writing and signed by both parties, and is
contingent upon satisfactory performance evaluations and subject to availability of funds.
27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency
contract must be received by the Contractor no later than close of business on the last day of
the contract’s term to be considered timely. The Contractor is obliged to fill those orders in
accordance with the contract’s terms and conditions. Purchase orders received by the
contractor after close of business on the last day of the state term or agency contract’s term
shall be considered void.
Purchase orders for a one-time delivery of commodities or performance of contractual services
shall be valid through the performance by the Contractor, and all terms and conditions of the
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state term or agency contract shall apply to the single delivery/performance, and shall survive
the termination of the Contract.
Contractors are required to accept purchase orders specifying delivery schedules exceeding the
contracted schedule even when such extended delivery will occur after expiration of the state
term or agency contract. For example, if a state term contract calls for delivery 30 days after
receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO
and after expiration of the state term contract, the Contractor will accept the order. However, if
the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days
of receipt of the purchase order that Contractor will not accept the extended delivery terms
beyond the expiration of the state term contract, then the purchase order will either be amended
in writing by the ordering entity within ten (10) calendar days of receipt of the contractor’s notice
to reflect the state term contract delivery schedule, or it shall be considered withdrawn.
The duration of purchase orders for recurring deliveries of commodities or performance of
services shall not exceed the expiration of the state term or agency contract by more than
twelve months. However, if an extended pricing plan offered in the state term or agency
contract is selected by the ordering entity, the contract terms on pricing plans and renewals
shall govern the maximum duration of purchase orders reflecting such pricing plans and
renewals.
Timely purchase orders shall be valid through their specified term and performance by the
Contractor, and all terms and conditions of the state term or agency contract shall apply to the
recurring delivery/performance as provided herein, and shall survive the termination of the
Contract.
Ordering offices shall not renew a purchase order issued pursuant to a state term or agency
contract if the underlying contract expires prior to the effective date of the renewal.
28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly
disseminate any information concerning the Contract without prior written approval from the
Customer, including, but not limited to mentioning the Contract in a press release or other
promotional material, identifying the Customer or the State as a reference, or otherwise linking
the Contractor’s name and either a description of the Contract or the name of the State or the
Customer in any material published, either in print or electronically, to any entity that is not a
party to Contract, except potential or actual authorized distributors, dealers, resellers, or service
representative.
29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or
obligations under the Contract, or under any purchase order issued pursuant to the Contract,
without the prior written consent of the Customer. In the event of any assignment, the
Contractor remains secondarily liable for performance of the contract, unless the Customer
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expressly waives such secondary liability. The Customer may assign the Contract with prior
written notice to Contractor of its intent to do so.
30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual
economic practice, overcharges resulting from antitrust violations are in fact usually borne by
the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all
claims for such overcharges as to goods, materials or services purchased in connection with the
Contract.
31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided
by the Customer's designated contract manager, who shall reduce the decision to writing and
serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty
one (21) days from the date of receipt, the Contractor files with the Customer a petition for
administrative hearing. The Customer’s decision on the petition shall be final, subject to the
Contractor’s right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of
administrative remedies is an absolute condition precedent to the Contractor's ability to pursue
any other form of dispute resolution; provided, however, that the parties may employ the
alternative dispute resolution procedures outlined in Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises
out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in
any such action, Florida law shall apply and the parties waive any right to jury trial.
32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or
agents performing work under the Contract shall be properly trained technicians who meet or
exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of
technical certification or other proof of qualification. All employees, subcontractors, or agents
performing work under the Contract must comply with all security and administrative
requirements of the Customer and shall comply with all controlling laws and regulations relevant
to the services they are providing under the Contract. The State may conduct, and the
Contractor shall cooperate in, a security background check or otherwise assess any employee,
subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require
replacement of, any personnel for cause, including, but not limited to, technical or training
qualifications, quality of work, change in security status, or non-compliance with a Customer’s
security or other requirements. Such approval shall not relieve the Contractor of its obligation to
perform all work in compliance with the Contract. The State may reject and bar from any facility
for cause any of the Contractor’s employees, subcontractors, or agents.
33. Security and Confidentiality. The Contractor shall comply fully with all security
procedures of the United States, State of Florida and Customer in performance of the Contract.
The Contractor shall not divulge to third parties any confidential information obtained by the
Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the
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course of performing Contract work, including, but not limited to, security procedures, business
operations information, or commercial proprietary information in the possession of the State or
Customer. The Contractor shall not be required to keep confidential information or material that
is publicly available through no fault of the Contractor, material that the Contractor developed
independently without relying on the State’s or Customer’s confidential information, or material
that is otherwise obtainable under State law as a public record. To insure confidentiality, the
Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The
warranties of this paragraph shall survive the Contract.
34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the
State shall take all actions necessary to ensure that Contractor's employees, subcontractors
and other agents are not employees of the State of Florida. Such actions include, but are not
limited to, ensuring that Contractor's employees, subcontractors, and other agents receive
benefits and necessary insurance (health, workers' compensations, and unemployment) from
an employer other than the State of Florida.
35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall
provide commercial insurance of such a type and with such terms and limits as may be reasonably
associated with the Contract. Providing and maintaining adequate insurance coverage is a
material obligation of the Contractor. Upon request, the Contractor shall provide certificate of
insurance. The limits of coverage under each policy maintained by the Contractor shall not be
interpreted as limiting the Contractor’s liability and obligations under the Contract. All insurance
policies shall be through insurers authorized or eligible to write policies in Florida.
36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly
authorized to do so and to bind the respective party to the Contract.
37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge,
there is no pending or threatened action, proceeding, or investigation, or any other legal or
financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to
satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is
currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida
Statutes, or on any similar list maintained by any other state or the federal government. The
Contractor shall immediately notify the Customer in writing if its ability to perform is
compromised in any manner during the term of the Contract.
38. Notices. All notices required under the Contract shall be delivered by certified mail, return
receipt requested, by reputable air courier service, or by personal delivery to the agency
designee identified in the original solicitation, or as otherwise identified by the Customer.
Notices to the Contractor shall be delivered to the person who signs the Contract. Either
designated recipient may notify the other, in writing, if someone else is designated to receive
notice.
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39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as
defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any
lease or installment-purchase agreement in excess of the Category Two amount established by
section 287.017 of the Florida Statutes.
40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section
946.515(2), F.S. requires the following statement to be included in the solicitation: "It is
expressly understood and agreed that any articles which are the subject of, or required to carry
out, the Contract shall be purchased from the corporation identified under Chapter 946 of the
Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in
section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person,
firm, or other business entity carrying out the provisions of the Contract shall be deemed to be
substituted for the agency insofar as dealings with such corporation are concerned." Additional
information about PRIDE and the products it offers is available at http://www.pridefl.com.
41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S.
requires the following statement to be included in the solicitation: "It is expressly understood and
agreed that any articles that are the subject of, or required to carry out, this contract shall be
purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is
qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same
procedures set forth in section 413.036(1) and (2), Florida Statutes; and for purposes of this
contract the person, firm, or other business entity carrying out the provisions of this contract
shall be deemed to be substituted for the State agency insofar as dealings with such qualified
nonprofit agency are concerned." Additional information about the designated nonprofit agency
and the products it offers is available at http://www.respectofflorida.org.
42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by
the parties, which terms and conditions shall govern all transactions between the Customer and
the Contractor. The Contract may only be modified or amended upon mutual written agreement
of the Customer and the Contractor. No oral agreements or representations shall be valid or
binding upon the Customer or the Contractor. No alteration or modification of the Contract
terms, including substitution of product, shall be valid or binding against the Customer. The
Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to
product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product
literature, “shrink wrap” terms accompanying or affixed to a product, whether written or
electronic) or by incorporating such terms onto the Contractor’s order or fiscal forms or other
documents forwarded by the Contractor for payment. The Customer's acceptance of product or
processing of documentation on forms furnished by the Contractor for approval or payment shall
not constitute acceptance of the proposed modification to terms and conditions.
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43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the
agreement of the Contractor, other entities may be permitted to make purchases at the terms
and conditions contained herein. Non-Customer purchases are independent of the agreement
between Customer and Contractor, and Customer shall not be a party to any transaction
between the Contractor and any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the
provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management
Services to determine that the requestor's use of the contract is cost-effective and in the best
interest of the State.
44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under
this Contract shall not constitute or be deemed a waiver of the Customer’s right thereafter to
enforce those rights, nor shall any single or partial exercise of any such right preclude any other
or further exercise thereof or the exercise of any other right.
45. Annual Appropriations. The State’s performance and obligation to pay under this contract
are contingent upon an annual appropriation by the Legislature.
46. Execution in Counterparts. The Contract may be executed in counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
47. Severability. If a court deems any provision of the Contract void or unenforceable, that
provision shall be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable and all other provisions shall remain in full force and effect.
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EXHIBIT C: CONTRACT FORMS
Forms included in this Contract:
Quarterly Reporting (Excel File)
Contact Information Worksheet
Ordering Instructions
Savings / Price Reductions
Preferred Pricing Affidavit
Product Update (Excel File)
Quarterly Report (Excel file)
Quarterly Report
Form.xlsx Contractor Information Worksheet
Contractor_Informati
on_Worksheet.doc Ordering Instructions
Ordering
Instructions.doc Savings / Price Reductions
Savings-Reduction
Verification.doc Preferred Pricing Affidavit
Preferred Pricing
Affidavit.docx Product Update
Product Update
Form.xls
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EXHIBIT C: ITN NO. 07-43230000-L
ITN No. 07-43230000-L
Microsoft LSP ITN-FINAL- FINAL--Revised.pdf
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Pricing Proposal
Quotation #: 13535718
Created On: May-25-2017
Valid Until: Jun-24-2017
City of Miami Gardens FL Inside Account Manager
Tristan Lattibeaudiere
Phone:
Fax:
Email:tlattibeaudiere@miamigardens-fl.gov
Shaina Chinchilla
290 Davidson Avenue
Somerset, NJ 08873
Phone: 800-543-0432
Fax:732-868-6055
Email:Shaina_Chinchilla@shi.com
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 CoreCALBridgeO365FromSA ALNG SubsVL MVL Pltfrm PerUsr
MICROSOFT - Part#: AAA-12417
Note: Year 1 of 3
400 $15.48 $6,192.00
2 EOArchExchOnln ShrdSvr ALNG SubsVL MVL PerUsr
MICROSOFT - Part#: 4DS-00001
Note: Year 1 of 3
100 $24.60 $2,460.00
3 O365E1FromSA ShrdSvr ALNG SubsVL MVL PerUsr
MICROSOFT - Part#: 7R7-00002
Note: Year 1 of 3
100 $58.92 $5,892.00
4 O365ExtraFileStorage ShrdSvr ALNG SubsVL MVL AddOn XtraStrg1GB
MICROSOFT - Part#: 6WT-00001
Note: Year 1 of 3
500 $3.00 $1,500.00
5 O365E3FromSA ShrdSvr ALNG SubsVL MVL PerUsr
MICROSOFT - Part#: AAA-10758
Note: Year 1 of 3
400 $166.92 $66,768.00
6 PrjctPro ALNG SA MVL w1PrjctSvrCAL
MICROSOFT - Part#: H30-00238
Note: Year 1 of 3
28 $175.05 $4,901.40
7 VisioStd ALNG SA MVL
MICROSOFT - Part#: D86-01253
Note: Year 1 of 3
200 $46.63 $9,326.00
8 WINE3perDVC ALNG SA MVL Pltfrm
MICROSOFT - Part#: KV3-00353
Note: Year 1 of 3
450 $40.64 $18,288.00
9 WinSvrDCCore ALNG SA MVL 2Lic CoreLic
MICROSOFT - Part#: 9EA-00278
Note: Year 1 of 3
96 $124.34 $11,936.64
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10 WinSvrSTDCore ALNG SA MVL 2Lic CoreLic
MICROSOFT - Part#: 9EM-00270
Note: Year 1 of 3
120 $18.00 $2,160.00
11 SQLCAL ALNG SA MVL UsrCAL
MICROSOFT - Part#: 359-00961
Note: Year 1 of 3
200 $33.54 $6,708.00
12 SQLSvrEnt ALNG SA MVL
MICROSOFT - Part#: 810-04760
Note: Year 1 of 3
1 $1,379.15$1,379.15
13 SQLSvrStdCore ALNG LicSAPk MVL 2Lic CoreLic
MICROSOFT - Part#: 7NQ-00302
Note: Year 1 of 3
18 $1,343.16 $24,176.88
14 Microsoft Windows Server - License & software assurance - 1 user CAL - Select,
Select Plus - Single Language
Microsoft - Part#: R18-00130
100 $42.28 $4,228.00
Total $165,916.07
Additional Comments
Thank you for choosing SHI International Corp! The pricing offered on this quote proposal is valid through the expiration date listed
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable Contract
Number when submitting a Purchase Order. For any additional information including Hardware, Software and Services Contracts,
please contact an SHI Inside Sales Representative at (888) 744-4084.
SHI International Corp. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3009648; DUNS# 61-1429481; CCR# 61-243957G; CAGE 1HTF0
The Products offered under this proposal are subject to the SHI Return Policy posted at www.shi.com/returnpolicy, unless there is
an existing agreement between SHI and the Customer.
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 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: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A
X
Sponsor Name: City Manager,
Cameron D. Benson
Department: Public Works
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
ACCEPTING THE REVISED LEGAL DESCRIPTION IN THE EXHIBIT “A” SKETCH AND
DESCRIPTION OF EASEMENT, AND ACCEPTS THE DEDICATION OF AN EASEMENT
ALONGSIDE THE CAROL CITY CANAL FROM LE JEUNE GARDENS HOMEOWNERS
ASSOCIATION, INC., FOR THE CONSTRUCTION AND MAINTENANCE OF A MULTI-PURPOSE
TRAIL.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
Background
On April 26, 2017, the City Council approved an easement as a requirement for construction of the multi-purpose
trail alongside of the Carol City Canal, which abuts the aforementioned property an easement to allow the City the
right to construct and maintain this trail. The property owner, Le Jeune Gardens Homeowners Association, Inc. is
dedicating a portion of as described in Exhibit “A” Sketch and Description Easement to the City of Miami Gardens
for this purpose. The corrected Exhibit “A” Sketch and Legal Description of the easement is required to correct an
error in the original Exhibit “A” approved by the City Council on April 26, 2017.
Current Situation
The corrected trail easement has been reviewed and approved by the Public Works Department and requires City
Council approval for the acceptance and execution for the recordation in the Public Records of Miami-Dade
County.
Item K-4
LeJeune Gardens Easement
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Proposed Action:
It is recommended that the City Council approve the proposed Resolution with the revised Exhibit “A” accepting
the dedication of the multi-purpose trail Easement alongside the Carol City Canal from Le Jeune Gardens
Homeowners Association, Inc.
Attachments:
• Easement Agreement Executed 4/26/17
• Revised Easement for Signature with Revised EXHIBIT “A” Sketch and Description of Easement
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACCEPTING THE REVISED LEGAL 4 DESCRIPTION IN THE EXHIBIT “A” SKETCH AND 5
DESCRIPTION OF EASEMENT, AND ACCEPTING THE 6
DEDICATION OF AN EASEMENT ALONGSIDE THE CAROL CITY 7
CANAL FROM LE JEUNE GARDENS HOMEOWNERS 8 ASSOCIATION, INC., FOR THE CONSTRUCTION AND 9 MAINTENANCE OF A MULTI-PURPOSE TRAIL.; PROVIDING 10
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 11
FOR AN EFFECTIVE DATE. 12
13 WHEREAS, on April 26, 2017, the City Council approved an Easement 14
Agreement between the City and the Le Jeune Gardens Homeowners Association, for 15
property located alongside of the Carol City Canal, and 16
WHEREAS, the Easement Agreement granted the City the right to construct and 17
maintain a multi-purpose trail alongside of the Canal, and 18
WHEREAS, the portion of land that is the subject of the Agreement was 19
inaccurately described in Exhibit “A” Sketch and Description of Easement to the City of 20
Miami Gardens for this purpose, and 21
WHEREAS, the error in the legal description has since been corrected, and 22
WHEREAS, the corrected legal description has been reviewed and approved by 23
the Public Works Department, and requires City Council approval for execution, and 24
recordation in the Public Records of Miami-Dade County, and 25
WHEREAS, Staff recommends the City Council accepts the revised legal 26
description in the Exhibit “A” Sketch and Description of Easement, and accept the 27
dedication of an easement alongside the Carol City Canal from Le Jeune Gardens 28
Homeowners Association, Inc., for the construction and maintenance of a multi-purpose 29
trail, 30
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 32
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 33
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 34
made a specific part of this Resolution. 35
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 36
hereby accepts the revised legal description in the Exhibit “A” Sketch and Description of 37
Easement, and accepts the dedication of an easement alongside the Carol City Canal 38
from Le Jeune Gardens Homeowners Association, Inc., for the construction and 39
maintenance of a multi-purpose trail. 40
Section 3: EFFECTIVE DATE: This Resolution shall take effect 41
immediately upon its final passage. 42
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 43
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 44
45
___________________________________ 46
OLIVER GILBERT, III, MAYOR 47
48 49 ATTEST: 50
51
52
__________________________________ 53 RONETTA TAYLOR, MMC, CITY CLERK 54 55
56
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57
58 59 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 60
61
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Moved by: __________________ 62
63
VOTE: _________ 64 65 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 66
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 68
Councilman Rodney Harris ____ (Yes) ____ (No) 69 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 70 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 71
Councilman David Williams Jr ____ (Yes) ____ (No) 72
73
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 2017 Item Type: Resolution Ordinance Other
X
Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading
X Public Hearing: Yes No Yes No
X
Funding Source: City of Miami Gardens General Obligation Bond
Advertising Requirement: Yes No X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related: Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev
Public Safety Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)X
Sponsor Name: Cameron D.
Benson, City
Manager Department:
Capital Improvements
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, HEREBY
APPROVES THE DEDICATION OF AN EASEMENT TO FLORIDA POWER AND LIGHT FOR THE
NEW ELECTRICAL SERVICE FOR THE BUNCHE POOL SITE, A COPY OF THE EASEMENT
AGREEMENT IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background: In April 2014, City of Miami Gardens residents approved a $60 million General Obligation bond referendum for park improvements and crime prevention, including purchasing and installing crime prevention equipment, providing facilities for expanding community activities in parks, and renovating, constructing and purchasing parks facilities and land.
Item K-5
Bunche Park Pool FPL Easement
Page 113 of 297
On May 28, 2014, Council adopted Ordinance No. 2014-09-320, authorizing the borrowing of sixty million dollars ($60,000,000); authorizing the issuance of City of Miami Gardens General Obligation Bonds to pay costs of, remodeling reconstructing, constructing, reconfiguring, retrofitting, furnishing and equipping City parks and parks facilities, purchasing crime prevention equipment for law enforcement assistance via electronic means, providing facilities for expanding community activities in parks, and renovating, constructing and purchasing parks facilities and land for new or expanded parks. The City Council initially approved the Bond Implementation Plan (BIP) at the February 25, 2015 Council meeting. The last amendment to the BIP was approved at the December 9, 2015 Council meeting. The BIP outlines various park and public safety improvement projects.
Current Situation: Included in the construction scope is a Florida Power and Light (FPL) pad mounted transformer located next to the Bunche Pool building. The new electrical service for the Bunche Pool building will require the dedication of an easement by the City of Miami Gardens for the underground power cables to the pad mounted transformer. The easement provides for undergrounding primary service from NW 22nd Avenue right of way to a new pad mounted transformer located next to the building.
Proposed Action: It is recommended that the City Council approved the dedication of the easement to Florida Power and Light requirements for the new electrical service for the Bunche Pool site.
Attachments Exhibit A - EASEMENT AGREEMENT Exhibit B - SKETCH AND DESCRIPTION OF EASEMENT
Page 114 of 297
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, HEREBY APPROVES THE 4 DEDICATION OF AN EASEMENT TO FLORIDA POWER AND 5
LIGHT FOR THE NEW ELECTRICAL SERVICE FOR THE 6
BUNCHE POOL SITE, A COPY OF THE EASEMENT 7
AGREEMENT IS ATTACHED HERETO AS EXHIBIT “A”; 8 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 9 PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, in April 2014, City of Miami Gardens residents approved a Sixty 12
Million Dollar ($60,000,000.00) General Obligation bond referendum for park 13
improvements and crime prevention, and 14
WHEREAS, on December 9, 2015, the City Council approved an amendment to 15
the Bond Implementation Plan (BIP), and 16
WHEREAS, the BIP outlines various park and public safety improvement 17
projects, and 18
WHEREAS, the City is currently undertaken the Bunch Park Pool renovation 19
project, and 20
WHEREAS, included in the construction scope is a Florida Power and Light 21
(FPL) pad mounted transformer located next to the Bunche Pool building, and 22
WHEREAS, the new electrical service for the Bunche Pool building will require 23
the dedication of an easement by the City of Miami Gardens to FPL, for the 24
underground power cables to the pad mounted transformer, and 25
WHEREAS, the easement provides for undergrounding primary service from the 26
Northwest 22nd Avenue right of way to a new pad mounted transformer located next to 27
the building, and 28
Page 115 of 297
WHEREAS, Staff recommends that the City Council approve the dedication of an 29
easement to FPL for the new electrical service for the Bunche Pool site, a copy of the 30
Easement Agreement is attached hereto as Exhibit “A”, 31
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 32
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 33
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 34
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 35
made a specific part of this Resolution. 36
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 37
hereby approves the dedication of an easement to Florida Power and Light for the new 38
electrical service for the Bunche Pool site, a copy of the Easement Agreement is 39
attached hereto as Exhibit “A”. 40
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 41
upon its final passage. 42
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 43
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 44
45
___________________________________ 46
OLIVER GILBERT, III, MAYOR 47
48
49 ATTEST: 50 51
52
__________________________________ 53
RONETTA TAYLOR, MMC, CITY CLERK 54 55 56
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57
Page 116 of 297
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 58
59
Moved by: __________________ 60 61 VOTE: _________ 62
63
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 64
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 66 Councilman Rodney Harris ____ (Yes) ____ (No) 67
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 68
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 69
Councilman David Williams Jr ____ (Yes) ____ (No) 70
71
Page 117 of 297
Work Request No. 7516622
Sec.15, Twp 52 S, Rge 41 E
Parcel I.D.#3421150036540
(Maintained by County Appraiser)
UNDERGROUND EASEMENT (INDIVIDUAL) This Instrument Prepared By
Name:
Co. Name:
Address:
The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns (“FPL”), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above ground equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: Reserved for Circuit Court
See Exhibit "A" ("Easement Area")
Together with the right to permit any other person, firm, or corporation to attach or place wires to or within any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area, over, along, under and across the roads, streets or highways adjoining or through said Easement Area.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20 .
Signed, sealed and delivered in the presence of:
(Witness' Signature)
Print Name: (Witness)
(Witness' Signature)
Print Name: (Witness)
By:
Print Name:
Print Address:
By:
Print Name:
Print Address:
______________________________________________________________________________________
STATE OF ___________ AND COUNTY OF ______________. The foregoing instrument was acknowledged before me this
____ day of ____________, 20__, by _________________________________, and ________________________________
who is (are) personally known to me or has (have) produced _____________________ as identification, and who did (did not)
take an oath. (Type of Identification)
My Commission Expires: Notary Public, Signature
Print Name
Donald T. RamsayLevel Tech Surveyors, LLC
777 NW 72 Avenue, Suite 3134
Miami, FL 33126
Page 118 of 297
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: 06/28/2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing: (Enter X in box) Yes No Yes No
X
Funding Source: General Obligation Bond Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev
Public Safety Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy:
Sponsor Name Cameron D. Benson, City Manager Department: Police Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT WITH FIBERNET DIRECT, LLC.,
FOR THE PURCHASE OF A FIBER CONNECTION SOLUTION, NOT TO
EXCEED FIFTY-FOUR THOUSAND ONE HUNDRED DOLLARS
($54,100.00), BY RELYING ON THE NORTH BROWARD HOSPITAL DISTRICT’S REQUEST FOR PROPOSALS FOR A REGIONAL
NETWORK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
As part of the Bunche Pool reconstruction project, a closed circuit television camera (CCTV)
solution was planned to prevent and investigate criminal activity that is occurring or has
occurred at the location. This requires a complex deployment of fixed networked cameras
throughout the Bunche Pool location. The CCTV camera feeds will be streamed live to the Real
Item K-6
Bunche Park Pool Fiber
Connection Solution
Page 121 of 297
Time Crime Center for real time, law enforcement responses. The video streams will be stored
on the data center in accordance with the data retention policies. In order to view and store the
data, a fiber connection is required to transmit the data back to the Public Safety Building.
A scope of work was defined and distributed to two companies. The City determined that
FiberNet Direct is both highly qualified as well as the least costly integrator to implement the
fiber connection component of the overall Bunche Pool project. Over the years, FiberNet has
deployed many systems across the State of Florida of like complexity.
The purchase of the solution will be procured by piggybacking off the formal RFP for a Regional
Network, which was competitively established by the lead agency, North Broward Hospital
District.
Funding will be provided through the General Obligation Bond.
Fiber Data Connection: $54,100.00
Total: $54,100.00
Proposed Action:
That the City Council approves the attached resolution authorizing the City Manager to execute
the attached contract with FiberNet Direct, LLC., in an amount not to exceed fifty-four thousand
one hundred dollars.
Attachment:
Attachment A: FiberNet Direct, LLC., Purchase Quote
Page 122 of 297
RESOLUTION NO.___________ 1 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4
MANAGER TO EXECUTE THE ATTACHED CONTRACT WITH 5 FIBERNET DIRECT, LLC., FOR THE PURCHASE OF A FIBER 6 CONNECTION SOLUTION, NOT TO EXCEED FIFTY-FOUR 7
THOUSAND ONE HUNDRED DOLLARS ($54,100.00), BY 8
RELYING ON THE NORTH BROWARD HOSPITAL DISTRICT’S 9
REQUEST FOR PROPOSALS FOR A REGIONAL NETWORK; 10 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 11 PROVIDING FOR AN EFFECTIVE DATE. 12
13
WHEREAS, as part of the Bunche Pool reconstruction project, a closed circuit 14
television camera (CCTV) solution was planned to prevent and investigate criminal 15
activity that is occurring or has occurred at the location, and 16
WHEREAS, the CCTV camera feeds will be streamed live to the City of Miami 17
Gardens Police Department Real Time Crime Center, and 18
WHEREAS, the video streams will be stored on the data center in accordance 19
with the data retention policies, and 20
WHEREAS, in order to view and store the data, a fiber connection is required to 21
transmit the data back to the Public Safety Building, and 22
WHEREAS, a scope of work was defined and distributed to two companies, and 23
WHEREAS, the City determined that FiberNet Direct, LLC., is both highly 24
qualified and is the least costly integrator to implement the fiber connection component 25
of the overall Bunche Pool project, and 26
WHEREAS, the total cost of this purchase is Fifty-Four Thousand One Hundred 27
Dollars ($54,100.00), and will be procured by relying upon the Request For Proposals 28
(RFP) for a Regional Network, which was competitively established by the lead agency, 29
North Broward Hospital District, and 30
Page 123 of 297
WHEREAS, Staff recommends the City Council authorizes the reliance on North 31
Broward Hospital District’s RFP for a Regional Network, and authorize authorizes the 32
City Manager to execute the attached contract with FiberNet Direct, LLC., for a 33
purchase of the fiber connection solution, not to exceed Fifty-Four Thousand One 34
Hundred Dollars ($54,100.00), 35
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 36
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 37
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 38
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 39
made a specific part of this Resolution. 40
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 41
hereby authorizes the City Manager to execute the attached contract with FiberNet 42
Direct, LLC., for the purchase of a fiber connection solution, not to exceed Fifty-Four 43
Thousand One Hundred Dollars ($54,100.00), by relying on the North Broward Hospital 44
District’s Request for Proposals for a Regional Network. 45
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 46
upon its final passage. 47
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 48
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 49
50
___________________________________ 51 OLIVER GILBERT, III, MAYOR 52 53
54
55
56 57
Page 124 of 297
ATTEST: 58 59
__________________________________ 60
RONETTA TAYLOR, MMC, CITY CLERK 61
62 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 63 64
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 65
66
Moved by: __________________ 67 68 VOTE: _________ 69
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 70
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 71
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72 Councilman Rodney Harris ____ (Yes) ____ (No) 73 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 74
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 75
Councilman David Williams Jr ____ (Yes) ____ (No 76
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RELIABLE. RESPONSIVE. RESULTS-DRIVEN.
A Crown Castle Company
Confidential & Proprietary
1 of 1
QUOTE
05/19/2017
ID: OP-28770 City of Miami Gardens
Sgt. Erik Gleason erik.gleason@mgpdfl.org
18605 NW 27th Ave, Miami Gardens, Florida,
9250 W Flagler St
Miami, FL 33174 1-866-STRANDS
FibernetDirect.com
Salesperson Salesperson
Contact #
Salesperson
Email Address
Sales
Engineer
Delivery
Interval
Payment
Terms
Expedite
Fees
Lucianil Mendez
305-301-9118 lucianil.mendez@FibernetDirect.com Eduardo Ruiz One Time Payment
-
Term
(Months)
Description CIR Service Location Type One-time
Charge
60 18611 NW 27th Ave, Miami Gardens, Florida, HUB $54,100
100MB 15727 NW 22nd Ave, Opa-locka, FL Tail
Total $54,100
Terms & Conditions
Customer is responsible for providing conduit access from property line to building suite along with rack space and power at no cost to provider. The one-time charge identified above includes hardware, installation, Service and maintenance for the entire Service Order
Term. Notwithstanding anything to the contrary in the SO or the Service Agreement, the Customer acknowledges and agrees that the Service
Commencement Date for all Locations shall be the date upon which the first Service identified in the SO and delivered by FIBERNET DIRECT FL
is accepted, or deemed accepted, by Customer, and the Service Order Term for all Services identified in the SO, delivered by FIBERNET
DIRECT FL and accepted by Customer shall expire conterminously sixty (60) months thereafter. For the avoidance of doubt generally, and
specifically for the purposes of computing any applicable early termination liability, all Services shall be deemed to have a Service Order Term of
sixty (60) months commencing on the Service Commencement Date as defined herein notwithstanding the actual date upon which any particular
Service is accepted, or deemed accepted, by Customer. If Customer is not then in default, the parties shall commence good-faith negotiations
regarding renewal and applicable monthly recurring charges no less than thirty (30) days prior to the expiration of the SO. All capitalized terms
herein have the same meanings as set forth in the standard FIBERNET DIRECT FLORIDA Service Agreement and/or Service Order unless
specifically indicated otherwise.
Pricing Considerations
1. This quote is valid for thirty (30) calendar days. 2. Pricing and availability is contingent upon final site survey and Engineering approval. 3. Any change to technical specifications or other service requirements not noted above make this price quote null and void. 4. This quote is subject to financial qualification and execution of a contract between Fibernet Direct and the customer.
5. Pricing does not include any Type II, cross-connect or on-net building backhaul charges unless noted. 6. All price quotes for Monthly Recurring (MRC) and Non-Recurring Charges (NRC) are stated in US Dollars. 7. All standard delivery intervals assume there is no build effort that requires permit/permission or third party approvals.
Page 198 of 297
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 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: Neighborhood
Stabilization Program Funds 3 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 thespecific objective/strategy this item will address)
Quality of Life and City Image
X
Sponsor Name Cameron 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 AND CITY CLERK TO
EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN RESTATEMENT
AND AMENDMENT OF NON-RESTRICTED MORTGAGE AND COVENANT,
AND AMENDMENT TO AMENDED DEVELOPER’S AGREEMENT FOR “THE
COMMONS”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR
AN EFFECTIVE DATE.
Staff Summary:
Background:
The City was allocated $1,940,337 in Neighborhood Stabilization Program 3 (NSP3) Funds. This specific grant
required that the funds be leveraged and that the required housing units be developed in targeted areas. The two
neighborhoods listed in the City’s NSP3 Plan were Rainbow Park & Riverdale.
Item K-7
The Commons
Page 199 of 297
In order to seek leveraging of awarded funds, the City issued a formal Request for Proposals. Three (3) proposals
were received. As a result, one of the applicants awarded funding was RUDG-The Commons, LLC. The City Council
awarded $1,150,000.00 to this developer for the acquisition of land and construction of 189 units for elderly
residents. The parcels totaling 6.83 acres on which this housing project was to be constructed is located on the
west side of N.W. 27 Avenue, just south of 207 Street.
The City entered into a Developer’s Agreement with RUDG – The Commons on December 19, 2011, for the
acquisition of the land on which the multi-family elderly housing was to be built. Consequently a Mortgage Deed
and Restricted Covenant was recorded on the property to secure the City’s investment.
In January 2013, the Developer met with City Staff and expressed their interest in modifying the site development
from multifamily housing to a mixed-use development. Given the location of the site, the City believed that the
highest and best use for the land would be to include commercial development rather than only multi-family
housing. The project will now consist primarily of commercial development, but will also contain a housing
component on the Northwest corner of the site. The housing component will be comprised of 24-units that will
be developed for elderly rental housing.
An Amended Developer’s Agreement and an Amended Mortgage Deed and Restrictive Covenant were negotiated
to replace the previously executed documents, and approved by the City Council on July 24, 2013 (Res. 2013-178-
1974). Both were recorded in the public record of Miami Dade County.
Current Situation:
The Developer has completed the 24-unit building and is in the process of obtaining a certificate of occupancy and
leasing the units. They are also in the process of soliciting businesses for the commercial development. As part of
that solicitation, the Developer requested that the City agree to Bifurcate the existing Amended Mortgage Deed
and Restrictive Covenant into two separate documents, each encumbering only part of the originally encumbered
parcel and together encumbering the entire originally encumbered parcel. Essentially creating a “Restricted
Mortgage and Covenant” encumbering the residential parcel described in Exhibit A, and a separate “Non-
Restricted Mortgage and Covenant” encumbering the commercial parcel described in Exhibt B.
City staff has worked with the Developer to negotiate a Bifurcation of the Amended Mortgage Deed and
Restrictive Covenant, as well as a Second and Third Amendment to the Amended Mortgage Deed and Restrictive
Covenant. The Second Amendment creates the “Non-Restricted Mortgage and Covenant”. The Third Amendment
creates the “Restricted Mortgage and Covenant”. The Bifurcation and Amendments will allow the Developer to
enter into agreements for the Commercial parcel (described in Exhibit B) with businesses interested in
establishing a location in Miami Gardens without the added restrictions that are tied to the Housing development
(described in Exhibit A).
During this process, a scriveners error was noted with the incorrect legal description of the Non-Restricted
Mortgage Deed and Restrictive Covenant. The attached resolution requests Council’s approval of the Bifucation of
Mortgage, the Second and Third Amendments to the Mortgage Deed and Restricitve Covenant, and Second
Amendment to the Developer’s Agreement with the correct legal description, and authorizes the City Manager to
execute and record all documents in the public record of Miami Dade County.
Financial Impact:
There is no additional fiscal impact for this item.
Proposed Action:
Page 200 of 297
That City Council approve the attached resolution.
Attachment:
• Bifurcation of Amended Mortgage Deed and Restrictive Covenant
• 2nd and 3rd Amendments to the Amended Mortgage Deed and Restrictive Covenant with Exhibits A and B
• Amended Mortgage Deed and Restrictive Covenant
• 2nd Amendment to the Amended Developer’s Agreement
Page 201 of 297
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY 4 CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN 5
RESTATEMENT AND AMENDMENT OF NON-RESTRICTED 6
MORTGAGE AND COVENANT, AND AMENDMENT TO AMENDED 7
DEVELOPER’S AGREEMENT FOR “THE COMMONS”; PROVIDING 8 FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE 9 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 10
EFFECTIVE DATE. 11
12
WHEREAS, the City entered into a Developer’s Agreement with RUDG – The 13
Commons on December 19, 2011, for the acquisition of the land on which the multi-14
family elderly housing was to be built, and 15
WHEREAS, a Mortgage Deed and Restricted Covenant was recorded on the 16
property to secure the City’s investment, and 17
WHEREAS, subsequently, an Amended Developer’s Agreement and an 18
Amended Mortgage Deed and Restrictive Covenant were negotiated to replace the 19
previously executed documents, and approved by the City Council on July 24, 2013 20
(Res. 2013-178-1974), and 21
WHEREAS, the City previously agreed to bifurcate the existing Amended 22
Mortgage Deed and Restrictive Covenant into two separate documents, each 23
encumbering only part of the originally encumbered parcel and together encumbering 24
the entire originally encumbered parcel, and 25
WHEREAS, now the Developer has informed the City that there was an error in 26
the legal description of the bifurcated mortgage and Developer’s Agreement that need 27
to be corrected, 28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30
Page 202 of 297
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32
made a specific part of this Resolution. 33
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34
hereby authorizes the City Manager and City Clerk to execute and attest respectively 35
that certain Restatement and Amendment of Non-Restricted Mortgage and Covenant, 36
and Amendment to Amended Developer’s Agreement for “The Commons”; . 37
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 38
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 39
be maintained by the City, and one to be delivered to RUDG – The Commons. 40
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 41
upon its final passage. 42
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 43
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 44
45
___________________________________ 46
OLIVER GILBERT, III, MAYOR 47
48 49 50
ATTEST: 51
52
53 __________________________________ 54 RONETTA TAYLOR, MMC, CITY CLERK 55
56
57
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 58 59 60
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 61
62
Moved by: __________________ 63
Page 203 of 297
64
VOTE: _________ 65
66 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 67 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 68
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 69
Councilman Rodney Harris ____ (Yes) ____ (No) 70
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 71 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 72 Councilman David Williams Jr ____ (Yes) ____ (No) 73
74
Page 204 of 297
PREPARED BY AND RETURN TO:
Ellen Rose
Katz Barron Squitero Faust 2699 South Bayshore Drive 7th Floor
Miami, Fl 33133
AMENDMENT TO AMENDED DEVELOPER’S AGREEMENT FOR “THE COMMONS”; AN NSP3 HOUSING PROJECT AND A COMMERCIAL PROJECT
WHEREAS, The City of Miami Gardens, A Municipal Corporation and RUDG-THE
COMMONS, LLC, a Florida limited liability company, entered into that certain document entitled “AMENDMENT TO AMENDED DEVELOPER’S AGREEMENT FOR “THE
COMMONS”; AN NSP3 HOUSING PROJECT AND A COMMERCIAL PROJECT” (the
“Amended Agreement”) which was recorded in O.R. Book 28821 at Page 3429 of the Public
Records of Miami-Dade County, Florida; and
WHEREAS, the Commercial Project is currently owned by RUDG-THE COMMONS
RETAIL, LLC, a Florida limited liability company (“RUDG”); and
WHEREAS, RUDG intends to transfer part of the Commercial Project to Jessie Trice
Community Health Center, Inc. (“Trice”), such portion being described on Exhibit “A” hereto and being referred to herein as the Trice Parcel; and
WHEREAS, RUDG will own the balance of the Commercial Project after such transfer,
such balance being described on Exhibit “B” hereto (the “RUDG Parcel”); and
WHEREAS, as a result of the transfer to Trice, certain amendments to the Amended
Agreement are required, all as are more particularly set forth herein;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. The foregoing recitations are true and correct and are incorporated herein by reference.
2. The definition of Commercial Project in the Amended Agreement is hereby rewritten as follows:
“The Commercial Project” means the construction of commercial facilities totaling not
more than 15,190 square feet of leasable commercial space on the Trice Parcel and not
more than 20,810 square feet of leasable commercial space on the RUDG Parcel. The Commercial Project, as to each respective Parcel, includes associated amenities,
including parking. The timeline for development of the Trice Parcel is set forth on
Page 205 of 297
Exhibit C-1 hereto, and the timeline for development of the RUDG-The Commons Retail
Land is set forth on Exhibit C-2 hereto. References herein to leasable commercial space
shall include owner occupied space.
3. All references in the Amended Agreement to Exhibit “C” shall mean Exhibits C-1 and C-
2, attached hereto, taken together. It is understood and agreed that the owner of the
Trice Parcel can amend Exhibit C-1, and the owner of the RUDG Parcel can amend
Exhibit C-2 without the joinder of the owner of the other Parcel.
4. References in the Amended Agreement to DEVELOPER are hereby agreed to mean:
a. As to the Housing Project: The owner of the property described on Exhibit “D”
hereto, which owner is currently RUDG-THE COMMONS, LLC, a Florida
limited liability company.
b. As to the Trice Parcel: The owner of the property described on Exhibit “A”
hereto, which is currently RUDG-THE COMMONS RETAIL, LLC, a Florida
limited liability company and after the transfer to Trice will be Trice.
c. As to the RUDG Parcel: The owner of the property described on Exhibit “B”
hereto, which is currently RUDG-THE COMMONS RETAIL, LLC, a Florida
limited liability company.
5. The provisions of the Amended Agreement which by their nature apply only to residential development shall not apply to the Trice Parcel or the RUDG Parcel.
6. The provisions of paragraph D 1 on page 5 of the Amended Agreement are applicable
separately to the Trice Parcel, the RUDG Parcel and the property described on Exhibit
“D”, so that a refinance of the mortgage on any one of such parcels will not trigger a payment of the amounts outstanding on the other parcels. Upon any such refinance, the
provisions of the Amended Agreement, as modified herein, shall no longer apply to the
applicable parcel.
7. The reference in Section IV A. to 36,000 square feet is hereby modified as set forth in Section 2 above. The reference in such Section to the proposed site plan dated March 22,
2013 is hereby changed to _______________________.
8. In Section IV B, 22 of the 25 jobs shall be provided on the Trice Parcel and 3 on the
RUDG Parcel.
9. Defaults of the respective Developers shall affect only those Developers and only their
respective parcels, and any termination of the Amended Agreement on account of a
Developer default shall apply on to that Developer’s parcel.
10. By its execution below, the City confirms its agreement to the transfer of the Trice Land
to Trice.
Page 206 of 297
11. Except as modified herein, all of the terms of the Amended Agreement are ratified,
confirmed and approved.
IN WITNESS WHEREOF, the parties have caused their signatures to be hereunto affixed
and duly attested.
RUDG-THE COMMONS, LLC, a Florida limited liability company
By: RUDG-THE COMMONS MANAGER, LLC,
A Florida limited liability company, Manager
By:________________________
Alberto Milo, Jr., Vice President
Dated:______________________, 2017
RUDG-THE COMMONS RETAIL, LLC, a Florida limited liability company By: RUDG, LLC, a Florida limited liability company, Managing Member
By:________________________
Alberto Milo, Jr., Vice President Dated:___________________________, 2017
The City of Miami Gardens
By:___________________
City Manager
Printed Name:
Approved as to form and legal sufficiency
_____________________
Sonja K. Dickens, City Attorney
_____________________ ____________________, City Clerk
Page 207 of 297
EXHIBIT A TRICE PARCEL
A PORTION OF TRACTS 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33
ALSO BEING THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES
SUGAR AND LAND COMPANY'S SUBDIVISION, AS SHOWN ON LAKEWOOD
ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75
AT PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34, BOTH OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE RUN S87°49'27”W
ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33 BEING COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33 FOR A
DISTANCE OF 625.01 FEET; THENCE RUN S01°47'25"E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE
SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID EAST LINE ALSO
BEING THE EAST BOUNDARY OF SAID TRACTS 33 AND 34, AS SHOWN ON SAID
27TH AVENUE RACETRAC, FOR A DISTANCE OF 455.51 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE S01°47'25"E FOR 511.81 FEET; THENCE S87°51'24"E, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS
SHOWN ON SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY
MAP FOR SNAKE CREEK CANAL (C-9) AND SNAKE CREEK EXTENSION CANAL, AS
RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
177.27 FEET; THENCE N01°47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST
LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 459.10
FEET TO A POINT OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE
CONCAVE TO THE SOUTHWEST, HAVING A CENTRAL ANGLE OF 53°00'43"; THENCE NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID
CIRCULAR CURVE FOR AN ARC DISTANCE OF 4.81 FEET TO A POINT OF REVERSE
CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, HAVING A
RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 53°00'43"; THENCE
NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF 41.64 FEET TO A POINT OF TANGENCY; THENCE
N01°47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE OF THE
SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 24.77 FEET;
THENCE S88°12'35"W FOR 156.85 FEET TO THE POINT OF BEGINNING.
Page 208 of 297
EXHIBIT B RUDG PARCEL
THE FOLLOWING DESCRIBED PARCEL:
A PORTION OF TRACT 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33
ALSO BEING THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES
SUGAR AND LAND COMPANY'S SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 75
AT PAGE 84, AND ALSO SHOWN ON 27TH AVENUE RACETRAC, ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160 AT PAGE 34, BOTH OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE S87°49'27"W
ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33 AND THE NORTH LINE OF SAID TRACT 33, FOR A DISTANCE OF 175.00
FEET; THENCE S01°47'25"E, ALONG A LINE LYING 175.00 FEET WEST OF, AS
MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-
QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID EAST LINE ALSO BEING THE EAST
BOUNDARY OF TRACTS 33 AND 34, AS SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF 388.88 FEET TO THE POINT OF BEGINNING, SAID POINT BEING
THE SOUTHEAST CORNER OF TRACT "A" OF SAID 27TH AVENUE RACETRAC;
THENCE S87°49'27”W, ALONG THE SOUTH LINE OF SAID TRACT “A”, 27TH AVENUE
RACETRAC AND ITS WESTERLY PROJECTION (SAID SOUTH LINE LYING 388.87
FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33), FOR 269.66 FEET;
THENCE S01°47'25"E FOR 67.84 FEET; THENCE S88°12'35"W FOR 180.35 FEET;
THENCE S01°47'25E, ALONG A LINE LYING 625 FEET WEST OF, AS MEASURED AT
RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4)
OF SAID SECTION 33, FOR 511.81 FEET; THENCE S87°51'24"E, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON
SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR
SNAKE CREEK CANAL (C-9) AND SNAKE CREEK EXTENSION CANAL, AS
RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
451.06 FEET; THENCE N01°47'25"W, ALONG A LINE LYING 175.00 FEET WEST OF, AS
MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-
QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID LINE ALSO BEING COINCIDENT
WITH THE WEST RIGHT OF WAY LINE OF N.W. 27TH AVENUE, AS SHOWN ON THE STATE OF FLORIDA RIGHT OF WAY MAP FOR STATE ROAD 817, SECTION 87660-
Page 209 of 297
2150 (87019-2501), REVISED 02/01/1973, FOR 612.41 FEET TO THE POINT OF
BEGINNING.
LESS AND EXCEPT THE PARCEL DESCRIBED ON EXHIBIT “A” HERETO
Page 210 of 297
EXHIBIT C-1
SCHEDULE, TRICE PARCEL PROJECT SCHEDULE
Scope of Work Estimated Date
Site Plan Approval Completed
Working Drawings Completed
Permit Approval 09/2017
Construction Bids 09/2017 Selection of General Contractor 09/2017
Building Permits Issued 09/2017
Start of Construction 10/2017
Construction Completion @ 40% 2/2018
Construction Completion @ 80% 08/2018 Construction Completion - C.O. 10/2018
Page 211 of 297
EXHIBIT C-2 BUDGET AND SCHEDULE, RUDG THE COMMONS RETAIL LAND
PROJECT SCHEDULE
Scope of Work Estimated Date
Developer’s Agreement Approval 7/2017 Engage Broker-Leasing & Marketing 7/2017 Identify Retail Tenant 1/2018
Commence Site Design 2/2018
Site Plan Approval Submission 3/2018 Plans & Specs Completion 5/2018 Permits Submission 6/2018 Permits Approved 7/2018
Start of Construction 8/2018
Construction Completion @ 50% 12/2018 Construction Completion @ 75% 3/2019 Construction Completion - C.O. 6/2019
Page 212 of 297
EXHIBIT D RUDG THE COMMONS LAND
A portion of Tracts 33 and 34, EVERGLADES SUGAR AND LAND COMPANY’S
SUBDIVISION, of Section 33, Township 51 South, Range 41 East, according to the Plat thereof,
as recorded in Plat Book 2 Page 75 of the Public Records of Miami-Dade County, Florida, being
more particularly described as follows:
Commence at the East ¼ corner of said Section 33; thence based on an assumed meridian run
S87o49’27” W along the North line of said Tract 22 for a distance of 405.00 feet; thence run
S01o47’25”E for a distance of 41.27 feet to the Point of Beginning and a point on the South
Right-of-Way line of N.W. 207th Street as recorded in O.R. Book 17813 at Page 4115, and O.R.
Book 15868 Page 2851, Miami-Dade County records, said point being the northwest corner of Tract “A”, 27TH AVENUE RACETRAC, according to the Plat thereof as recorded in Plat Book
160 Page 34, of the Public Records of Miami-Dade County, Florida, said point also being on the
arc of a curve concave to the South (a radial line through said point bears S06o31’24”W) having
a radius of 545.00 feet and a central angle of 15o07’06”; thence Westerly along the arc of said
curved, also being the South Right-of-Way line of N.W. 207th Street, a distance of 82.17 feet; thence run S89o37’40”W for 138.07 feet; thence S00o00’36”W for 420.51 feet; thence
S89o59’24”E for 180.39 feet; thence North for 67.77 feet; thence N89o36’44”E for 39.66 feet,
said point also being the southwest corner of said Tract “A”; thence N00o00’08”W for 347.67
feet to the Point of Beginning, also being a point on the South Right-of-Way line of N.W. 207th
Street.
Page 213 of 297
This Instrument Prepared by:
Ellen Rose, Esquire
Katz, Barron, Squitero & Faust, P.A. 2699 South Bayshore Drive, 7th Floor Miami, Florida 33133
RESTATEMENT AND AMENDMENT OF NON-RESTRICTED MORTGAGE AND COVENANT WHEREAS, RUDG-THE COMMONS, LLC, a Florida limited liability company, as
(“Owner”) executed an Amended Mortgage Deed and Restrictive Covenant in favor of the City of Miami
Gardens (the “City”) and recorded in Official Records Book 28827 at Page 2870 of the Public Records of
Miami-Dade County, Florida (the “Mortgage and Covenant”); and
WHEREAS, the Owner and the City bifurcated the Amended Mortgage Deed and Restrictive
Covenant in a certain Corrective Bifurcation of Amended Mortgage Deed and Restrictive Covenant (the
“Bifurcation”) recorded November 12, 2015 in OR Book 29850 at page 376 of the Public Records of
Miami-Dade County, Florida; and
WHEREAS, the Bifurcation resulted in a Non-Restricted Mortgage and Covenant encumbering
the parcel described therein; and
WHEREAS, the parties have agreed to restate the Non-Restricted Mortgage, in its entirety, for
clarity;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed that the Non-
Restricted Mortgage is amended in its entirety as follows:
NON-RESTRICTED MORTGAGE AND COVENANT
THESE COVENANTS are entered into this day of _____________ , 2017, but as of
_________________________ by RUDG-The Commons Retail, LLC, 315 South Biscayne Blvd., Miami,
FL, 33131, hereinafter referred to as "the Owner" and shall be effective for a Period of Twenty (20) years
from the date of first occupancy of a Residential Unit (as described in that certain Amended Mortgage
Page 214 of 297
Deed and Restrictive Covenant recorded in O.R. Book 28827 at Page 2870 of the Public Records of
Miami-Dade County, Florida (the “Original Mortgage”), as such Original Mortgage has been previously
amended), and
WHEREAS, the Owner is the fee simple title holder of the Property which is approximately 5.87 acres of
vacant land on the N.W. Corner of N.W. 207 Street and the Snake Creek Canal in the City of Miami
Gardens, Florida, and further described in Exhibit “A”, attached hereto and made a part hereof (the
“Property”); and
WHEREAS, the Owner intends to sell the portion of the Property which is described on Exhibit “B”
hereto (thee “Trice Parcel”) to Jessie Trice Community Health Center, Inc.; and
WHEREAS, the portion of the Property which is not the Trice Parcel is herein called the “RUDG
Parcel”); and
WHEREAS, RUDG-THE COMMONS, LLC, A Florida limited liability company, the Owner’s
predecessor in interest to the Property, received Neighborhood Stabilization Program 3 (NSP3)
funds administered by the City of Miami Gardens, 1515 N.W. 167 Street, Bldg. 5, Suite 200, Miami
Gardens, Florida, 33169, hereinafter referred to as "the City," in the amount of ONE MILLION
ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($1,150,000.00), that was used for the
acquisition of the property as described in the Original Mortgage, and
WHEREAS, it has been agreed that the Property secures only for $870,550.00 of the original
$1,150,000.00;
Page 215 of 297
NOW, THEREFORE, as part of the consideration for the City grant, the Owner hereby makes and
declares the following restrictive covenants which shall run with the title of the said Property and be
binding on the 0wner and its successors in interest, if any, for the period stated in the preamble above:
1. The foregoing recitations are true and correct and are incorporated herein by reference.
All terms used herein and not defined herein shall have the meanings set forth in the
Original Mortgage.
2. The Owner agrees to develop and maintain the Property for a commercial project not to
exceed 20,810 square feet on the RUDG Parcel and not to exceed 15,190 square feet on
the Trice Parcel.
3. The Owner agrees to not discriminate on the basis of race, religion, color, sex,
familial status, national origin or disability in the rental, use or occupancy of the
development on the Property (the “Project”).
4. The Owner agrees that the City of Miami Gardens, its agents and its designees shall
have the right to inspect the Property at all reasonable times in order to ascertain
whether the conditions of the Developer's Agreement and these covenants are being
observed.
5. The Owner agrees that these restrictions shall encumber the Property for a period of
TWENTY (20) years (the “Affordability Period”) from the date of first occupancy into
one of the 24 Affordable Elderly Housing Rental Units built on the overall property
which is described in the Amended Mortgage Deed and Restrictive Covenant in favor of
the City of Miami Gardens (the “City”) and recorded in Official Records Book 28827 at
Page 2870 of the Public Records of Miami-Dade County, Florida (the “Mortgage and
Page 216 of 297
Covenant”). If the restrictions and terms hereof are violated as to either the Trice Parcel
or the RUDG Parcel within such twenty year period and such violation is not corrected
on or before thirty (30) days, or such longer period as is required under the
circumstances, after notice from the City of Miami Gardens, the City of Miami
Gardens shall be entitled to foreclose on the respective Parcel, the same as if this were
a Mortgage document.
6. The Owner agrees to not sell, convey, transfer or alter in any other way title to the
Property described above and further described in Exhibit A without obtaining prior
written approval from the City. Failure to do so will be considered a default and
trigger a recapture of then grant amount in its entirety. The City may, in its sole
discretion, allow a transferee to assume the remaining Indebtedness and all
conditions of the Agreements, including the terms of the Afford ability Period.
7. On or before December 1, 2017, the Owner of the RUDG Parcel agrees to make or
cause to be made a contribution in the sum of $200,000.00 to the City of Miami
Gardens Special Revenue Fund, to be specifically designated to pay for the park
improvements at Buccaneer Park; said improvements to be determined by the City.
Except for permits required in connection with the development of the Trice Parcel
(which the City hereby agrees will issue), the City shall not be required to issue any
permits on the RUDG Parcel.
8. The Owner is liable to the City of Miami Gardens for $870,550.00 of the grant, allocated
as follows: $450,000.00 to the Trice Parcel and $420,550.00 to the RUDG Parcel. If the
Owner of either Parcel breaches these Restrictive Covenants and/or the Amended
Developer's Agreement dated July 26, 2013, the City will be entitled to foreclose on
the Parcel on which such breach occurred.
Page 217 of 297
9. The then applicable terms of the Mortgage and Covenant shall apply to any residential
use on either Parcel, and any violation of such terms shall be enforceable only against the
Parcel which has the residential use.
10. The Owner agrees to file these covenants with the Clerk of the Circuit Court of Miami-
Dade County, Florida, and shall pay any and all expenses associated with their filings
and recording.
11. The Owner agrees that the City of Miami Gardens shall incur no real estate tax
liability as a result of these restrictive covenants.
12. Each and every covenant and agreement contained herein shall be for any and all
purposes hereof construed as separate and independent and the breach of any
covenant by any party shall not release or discharge such party from its obligations
hereunder. No delay or omission by any party to exercise its rights accruing upon any
noncompliance or failure of performance by any party shall impair any such right or be
construed to be a waiver thereof. A waiver by any party hereto of any of the covenants,
conditions or agreements to be performed by any other party shall not be construed to be
a waiver of any succeeding breach or of any other covenants, conditions or
agreements contained herein.
13. All rights, powers and remedies provided herein may be exercised only to the extent that
the exercise thereof does not violate any then applicable law and shall be limited to the
extent necessary to render the real covenants herein valid and enforceable. If any term,
provision, covenant or agreement contained herein or the application thereof to any
person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the
validity of the remaining terms, provisions, covenants or agreements or the
application of such term, provision, covenant or agreement to persons, entities or
Page 218 of 297
circumstances other than those to which it is held invalid or unenforceable shall not be
affected thereby.
14. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, and all of which, when taken together, shall constitute one and the
same document.
IN WITNESS WHEREOF, the parties have executed this RESTATEMENT AND
AMENDMENT OF NON-RESTRICTED MORTGAGE AND COVENANT on the
dates written below.
RUDG-THE COMMONS RETAIL, LLC, a
Florida limited liability company By: RUDG-The Commons Manager, LLC, a
Florida limited liability company
By:
Print Name: ________________________ Its: Printed Name:
__________________________________ Dated:_________________________, 2017 Print Name: ________________________
STATE OF FLORIDA ) COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of ______________________, 2017 by _______________________, as _______________ of RUDG, LLC,
a Florida limited liability company, by and on behalf of said company as manager of RUDG-THE COMMONS RETAIL, LLC, a Florida limited liability company, on behalf of the company. He/she is
personally known to me or who has produced as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 219 of 297
[Additional signatures on following pages]
CITY OF MIAMI GARDENS, FLORIDA Attest:
By: City Clerk , City Manager
Approved as to form and legal sufficiency Date:
, City Attorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this ________ day of ____________________, 2017 by _______________________, as City Manager of the City of Miami
Gardens, Florida, by and on behalf of said City. He/she is personally known to me or ho has produced ____________________________________as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 220 of 297
EXHIBIT “A”
A PORTION OF TRACT 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO
BEING THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND
COMPANY'S SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON 27TH
AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160
AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
S87°49'27"W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF
SAID SECTION 33 AND THE NORTH LINE OF SAID TRACT 33, FOR A DISTANCE OF 175.00
FEET; THENCE S01°47'25"E, ALONG A LINE LYING 175.00 FEET WEST OF, AS
MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-QUARTER (S.E.
1/4) OF SAID SECTION 33, SAID EAST LINE ALSO BEING THE EAST BOUNDARY OF
TRACTS 33 AND 34, AS SHOWN ON SAID 27TH AVENUE RACETRAC, FOR A DISTANCE OF
388.88 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST CORNER
OF TRACT "A" OF SAID 27TH AVENUE RACETRAC; THENCE S87°49'27”W, ALONG THE
SOUTH LINE OF SAID TRACT “A”, 27TH AVENUE RACETRAC AND ITS WESTERLY
PROJECTION (SAID SOUTH LINE LYING 388.87 FEET SOUTH OF, AS MEASURED AT RIGHT
ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID
SECTION 33), FOR 269.66 FEET; THENCE S01°47'25"E FOR 67.84 FEET; THENCE
S88°12'35"W FOR 180.35 FEET; THENCE S01°47'25E, ALONG A LINE LYING 625 FEET
WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST ONE-
QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 511.81 FEET; THENCE S87°51'24"E,
ALONG THE NORTHERLY RIGHT OF WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON
SOUTH FLORIDA WATER MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK
CANAL (C-9) AND SNAKE CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90,
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN
MISCELLANEOUS RIGHT-OF-WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD
COUNTY, FLORIDA, FOR 451.06 FEET; THENCE N01°47'25"W, ALONG A LINE LYING
175.00 FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE
SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID LINE ALSO BEING
COINCIDENT WITH THE WEST RIGHT OF WAY LINE OF N.W. 27TH AVENUE, AS SHOWN ON
THE STATE OF FLORIDA RIGHT OF WAY MAP FOR STATE ROAD 817, SECTION 87660-2150
(87019-2501), REVISED 02/01/1973, FOR 612.41 FEET TO THE POINT OF BEGINNING.
Page 221 of 297
EXHIBIT “B” TRICE PARCEL
A PORTION OF TRACTS 34 AND 35, EVERGLADES SUGAR AND LAND COMPANY'S
SUBDIVISION, OF SECTION 33, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO
THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE EAST ONE-QUARTER (E. 1/4) CORNER OF SAID SECTION 33 ALSO
BEING THE NORTHEAST CORNER OF TRACT 33 OF SAID EVERGLADES SUGAR AND LAND
COMPANY'S SUBDIVISION, AS SHOWN ON LAKEWOOD ESTATES, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 75 AT PAGE 84, AND ALSO SHOWN ON 27TH
AVENUE RACETRAC, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 160
AT PAGE 34, BOTH OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
RUN S87°49'27”W ALONG THE NORTH LINE OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4)
OF SAID SECTION 33 BEING COINCIDENT WITH THE NORTH LINE OF SAID TRACT 33 FOR
A DISTANCE OF 625.01 FEET; THENCE RUN S01°47'25"E, ALONG A LINE LYING 625
FEET WEST OF, AS MEASURED AT RIGHT ANGLES TO, THE EAST LINE OF THE SOUTHEAST
ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, SAID EAST LINE ALSO BEING THE EAST
BOUNDARY OF SAID TRACTS 33 AND 34, AS SHOWN ON SAID 27TH AVENUE RACETRAC, FOR
A DISTANCE OF 455.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE
S01°47'25"E FOR 511.81 FEET; THENCE S87°51'24"E, ALONG THE NORTHERLY RIGHT OF
WAY LINE OF SNAKE CREEK CANAL (C-9) AS SHOWN ON SOUTH FLORIDA WATER
MANAGEMENT DISTRICT RIGHT OF WAY MAP FOR SNAKE CREEK CANAL (C-9) AND SNAKE
CREEK EXTENSION CANAL, AS RECORDED IN P.B. 124, PG. 90, OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA, AND ALSO RECORDED IN MISCELLANEOUS RIGHT-OF-
WAY MAP 12, PG. 28, OF THE PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA, FOR
177.27 FEET; THENCE N01°47'25"W, ALONG A LINE BEING PARALLEL TO THE EAST LINE
OF THE SOUTHEAST ONE-QUARTER (S.E. 1/4) OF SAID SECTION 33, FOR 459.10 FEET
TO A POINT OF CURVATURE OF A 5.20 FEET RADIUS CIRCULAR CURVE CONCAVE TO THE
SOUTHWEST, HAVING A CENTRAL ANGLE OF 53°00'43"; THENCE NORTHERLY AND
NORTHWESTERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR AN ARC DISTANCE OF
4.81 FEET TO A POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 45.00 FEET AND A CENTRAL ANGLE OF 53°00'43";
THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CIRCULAR CURVE FOR
AN ARC DISTANCE OF 41.64 FEET TO A POINT OF TANGENCY; THENCE N01°47'25"W,
ALONG A LINE BEING PARALLEL TO THE EAST LINE OF THE SOUTHEAST ONE-QUARTER
(S.E. 1/4) OF SAID SECTION 33, FOR 24.77 FEET; THENCE S88°12'35"W FOR 156.85
FEET TO THE POINT OF BEGINNING.
Page 222 of 297
This Instrument Prepared by:
Ellen Rose, Esquire
Katz, Barron, Squitero & Faust, P.A. 2699 South Bayshore Drive, 7th Floor Miami, Florida 33133
BIFURCATION OF AMENDED MORTGAGE DEED AND RESTRICTIVE COVENANT
WHEREAS, RUDG-THE COMMONS, LLC, a Florida limited liability company, as
(“Owner”) executed an Amended Mortgage Deed and Restrictive Covenant in favor of the City of Miami
Gardens and recorded in Official Records Book 28827 at Page 2870 of the Public Records of Miami-
Dade County, Florida (the “Mortgage and Covenant”); and
WHEREAS, the CITY OF MIAMI GARDENS (“City”) and the Owner have agreed to
bifurcate the Amended Mortgage and Covenant into two separate mortgages, each encumbering only part
of the originally encumbered parcel;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. The foregoing recitations are true and correct and are incorporated herein by
reference.
2. The Amended Mortgage and Covenant are hereby separated into two separate mortgages,
each encumbering part of the originally encumbered parcel and together encumbering the
entire originally encumbered parcel, with the same terms as the Amended Mortgage and
Covenant and in accordance with the following:
a. One of such Mortgages and Covenants (the “Restricted Mortgage and
Covenant”) is hereby agreed to encumber only the parcel described on
Exhibit “A” hereto, and the other Mortgage and Covenant (the “Non-
Restricted Mortgage and Covenant”) is hereby agreed to encumber only the parcel described on Exhibit “B” hereto.
b. Simultaneously with the execution hereof, the parties are entering into an
Amendment to the Restricted Mortgage and Covenant which will modify
the terms of the Amended Mortgage and Covenant as to the parcel
described on Exhibit “A” only and into an Amended and Restated Non-
Page 223 of 297
Restricted Mortgage and Covenant which will restate the terms of the
Amended Mortgage and Covenant as to Exhibit “B” only.
c. The parcel described in Exhibit A encumbered by the Restricted Mortgage
and Covenant shall be liable only for $279,450 of the $1,150,000 secured by the Amended Mortgage and Covenant, and the parcel described in
Exhibit B encumbered by the Non-Restricted Mortgage and Covenant
shall be liable only for $870,550.00 of the $1,150,000 secured by the
Amended Mortgage and Covenant. In addition, the Non-Restricted
Mortgage shall secure the $200,000.00 contribution required by Section 11 of the Amended Mortgage.
3. Except as hereinabove amended, the terms of the Mortgage and Covenant are
ratified, confirmed and approved.
IN WITNESS WHEREOF, the parties have executed this Bifurcation of Mortgage Deed and
Restrictive Covenant on the dates written below.
RUDG-THE COMMONS, LLC, a Florida limited liability company By: RUDG-The Commons Manager, LLC, a Florida limited liability company
By:
Print Name: ________________________ Its:
Printed Name:
__________________________________
Print Name: ________________________
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of
______________________, 2015 by _______________________, as _______________ of RUDG-The Commons, LLC, a Florida limited liability company, by and on behalf of said company as manager of
RUDG-THE COMMONS, LLC, a Florida limited liability company, on behalf of the company. He/she is personally known to me or has produced as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 224 of 297
CITY OF MIAMI GARDENS, FLORIDA
Attest:
By: Ronetta Taylor, City Clerk Cameron D. Benson, City Manager
Date:
Approved as to form and legal sufficiency
Sonja K. Dickens, City Attorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this ________ day of
____________________, 2015 by _______________________, as City Manager of the City of Miami Gardens, Florida, by and on behalf of said City. He/she is personally known to me or ho has produced
____________________________________as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires:
Page 225 of 297
EXHIBIT “A” LEGAL
A portion of Tracts 34 and 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, of
Section 33, Township 51 South, Range 41 East, according to the Plat thereof as recorded in Plat Book 2,
Page 75, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows:
Commence at the East 1 4 corner of said Section 33; along the North line of the Southeast 1/4 of said Section 33 and the North line of said Tract 33 for a distance of 41.27 feet to the Point of Beginning and a
point on the South Right-of-Way line of N.W. 207th Street as recorded in Official Records Book 17813, Page 4115, and Official Records Book 15868, Page 2851, Miami-Dade County records, said point being the northwest corner of Tract "A", 27th AVENUE RACETRAC, according to the Plat thereof as recorded
in Plat Book 160, Page 34, of the Public Records of Miami-Dade County, Florida, said point also being on the arc of a curve concave to the South (a radial line Westerly along the arc of said curve, also being the South Right-of-Way line of N.W. 207th Street, a point also being the southwest corner of said Tract
"A"; Beginning, also being a point on the South Right-of-Way line of N.W. 207th Street. Containing 89,811 sq.ft. more or less (2.06 acres more or less).
Page 226 of 297
EXHIBIT “B” LEGAL
A portion of Tract 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, of Section
33, Township 51 South, Range 41 East, according to the Plat thereof as recorded in Plat Book 2, Page 75,
of the Public Records of Miami-Dade County, Florida, being more particularly described as follows:
Commence at the East 1/4 corner of said Section 33; thence based on an assumed meridian run S87°49'27"W along the North line of the Southeast 1/4 of said Section 33 and the North line of said Tract
33 for a distance of 175.00 feet; thence run S00°00'08"E for a distance of 388.87 feet to the Point of Beginning, said point being the southeast corner of Tract "A", 27th AVENUE RACETRAC, according to the Plat thereof as recorded in Plat Book 160, Page 34, of the Public Records of Miami-Dade County,
Florida; thence S89°36'44"W for 269.65 feet; thence South for 67.77 feet; thence N89°59'24"W for 138.07 feet; thence S00°00'36"W for 511.84 feet; thence S86°03'30"E for 451.22 feet; thence N00°00'08"E for 612.42 feet to the Point of Beginning. Containing 255,867 sq.ft. more or less (5.87 acres
more or less).
Page 227 of 297
This Instrument Prepared by:
Ellen Rose, Esquire
Katz, Barron, Squitero & Faust, P.A. 2699 South Bayshore Drive, 7th Floor Miami, Florida 33133
SECOND AMENDMENT TO MORTGAGE DEED AND RESTRICTIVE COVENANT WHEREAS, RUDG-THE COMMONS, LLC, a Florida limited liability company, as
(“Owner”) executed an Amended Mortgage Deed and Restrictive Covenant in favor of the City of Miami
Gardens (the “City”) and recorded in Official Records Book 28827 at Page 2870 of the Public Records of
Miami-Dade County, Florida (the “Mortgage and Covenant”); and
WHEREAS, the Owner and the City bifurcated the Amended Mortgage and Covenant in a
certain Bifurcation of Mortgage Deed and Restrictive Covenant (the “Bifurcation”) executed immediately
prior to the execution hereof and intended to be recorded prior to the execution hereof; and
WHEREAS, the Bifurcation resulted in a Non-Restricted Mortgage and Covenant encumbering
the parcel described on Exhibit “B” hereto; and; and
WHEREAS, the parties have agreed to certain modifications of the Non-Restricted Mortgage
and Covenant, including a release of all development restrictions, all of which modifications are more
particularly set forth herein;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. The foregoing recitations are true and correct and are incorporated herein by
reference.
2. The Non- Restricted Mortgage and Covenant is hereby amended as follows:
a. Paragraphs 1, 2, 3, 4, 5, and 8 are hereby deleted.
b. The reference to the Elderly Housing Rental Units in paragraph 9 shall mean a
reference to those Units to be built on the portion of the originally encumbered Property which is now encumbered by the Restricted Mortgage (as defined in the
Bifurcation Agreement).
Page 228 of 297
c. The NSP3 Amended Developer Agreement attached to the Amended Mortgage
and Covenant shall not apply to the property described on Exhibit “B”.
3. Except as hereinabove amended, all of the terms of the Non-Restricted Mortgage and
Covenant, are hereby ratified, confirmed and approved.
IN WITNESS WHEREOF, the parties have executed this Amendment to Non-Restricted
Mortgage and Covenant on the dates written below.
RUDG-THE COMMONS, LLC, a Florida limited liability company
By: RUDG-The Commons Manager, LLC, a Florida limited liability company
By:
Print Name: ________________________ Its:
Printed Name:
__________________________________ Dated:__________________________, 2015
Print Name: ________________________
STATE OF FLORIDA ) COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of ______________________, 2015 by _______________________, as _______________ of RUDG-The
Commons, LLC, a Florida limited liability company, by and on behalf of said company as manager of RUDG-THE COMMONS, LLC, a Florida limited liability company, on behalf of the company. He is personally known to me or who has produced as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
[Additional signatures on following pages]
Page 229 of 297
CITY OF MIAMI GARDENS, FLORIDA
Attest:
By:
Ronetta Taylor, City Clerk Cameron D. Benson, City Manager
Date:
Approved as to form and legal sufficiency
Sonja K. Dickens, City Attorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this ________ day of
____________________, 2015 by _______________________, as City Manager of the City of Miami Gardens, Florida, by and on behalf of said City. He/she is personally known to me or ho has produced
____________________________________as identification.
_____________________________________ NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 230 of 297
EXHIBIT “B” LEGAL
A portion of Tract 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, of Section
33, Township 51 South, Range 41 East, according to the Plat thereof as recorded in Plat Book 2, Page 75,
of the Public Records of Miami-Dade County, Florida, being more particularly described as follows:
Commence at the East 1/4 corner of said Section 33; thence based on an assumed meridian run S87°49'27"W along the North line of the Southeast 1/4 of said Section 33 and the North line of said Tract
33 for a distance of 175.00 feet; thence run S00°00'08"E for a distance of 388.87 feet to the Point of Beginning, said point being the southeast corner of Tract "A", 27th AVENUE RACETRAC, according to the Plat thereof as recorded in Plat Book 160, Page 34, of the Public Records of Miami-Dade County,
Florida; thence S89°36'44"W for 269.65 feet; thence South for 67.77 feet; thence N89°59'24"W for 138.07 feet; thence S00°00'36"W for 511.84 feet; thence S86°03'30"E for 451.22 feet; thence N00°00'08"E for 612.42 feet to the Point of Beginning. Containing 255,867 sq.ft. more or less (5.87 acres
more or less).
Page 231 of 297
This Instrument Prepared by:
Ellen Rose, Esquire
Katz, Barron, Squitero & Faust, P.A. 2699 South Bayshore Drive, 7th Floor Miami, Florida 33133
THIRD AMENDMENT TO MORTGAGE DEED AND RESTRICTIVE COVENANT
WHEREAS, RUDG-THE COMMONS, LLC, a Florida limited liability company, as
(“Owner”) executed an Amended Mortgage Deed and Restrictive Covenant in favor of the City of Miami
Gardens (the “City”) and recorded in Official Records Book 28827 at Page 2870 of the Public Records of
Miami-Dade County, Florida (the “Mortgage and Covenant”); and
WHEREAS, the Owner and the City bifurcated the Amended Mortgage and Covenant in a
certain Bifurcation of Mortgage Deed and Restrictive Covenant (the “Bifurcation”) executed immediately
prior to the execution hereof and intended to be recorded prior to the execution hereof; and
WHEREAS, the Bifurcation resulted in a Restricted Mortgage and Covenant encumbering the
parcel described on Exhibit “A” hereto; and
WHEREAS, the parties have agreed to certain modifications of the Restricted Mortgage and
Covenant which are more particularly set forth herein;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. The foregoing recitations are true and correct and are incorporated herein by
reference.
2. The Restricted Mortgage and Covenant is hereby amended as follows:
a. In Paragraph 2, the word “condominium” is hereby deleted, and the word “sale”
is hereby changed to “rental”.
b. Paragraph 3 is hereby rewritten as follows:
The Owner agrees that all 24 Units will be reserved for households whose
incomes do not exceed 50% of the Area Median Income. For determining income levels, the applicable area is the Miami-Miami Beach-Kendall HFMA
Page 232 of 297
area. The income levels are subject to change annually as published by the U.S.
Department of Housing and Urban Development (HUD).
c. In paragraph 4 the words “25% or 6 of the total” are hereby deleted.
d. Paragraph 12 is modified to provide that the indebtedness secured hereby is
forgiven if the City has not brought a foreclosure action on or before the
expiration of the 20 year period described in paragraph 9 of the Restricted Mortgage and Covenant.
e. The City confirms that, from time to time upon request, it will subordinate its lien rights under the Covenant and encumbering the parcel described on Exhibit “A” to the liens of mortgages whose principal balances at the time of the
subordination do not exceed a total of $1,818,560.00.
3. Section II. C. 4 of the NSP3 Amended Developer’s Agreement which is dated July 26,
2013 is hereby rewritten as follows: “All 24 residential units developed on the properties
being acquired and listed on Exhibit A must be occupied by households with annual
incomes of less than 50% of the Area Median Income (AMI). Area Median Income is
defined by HUD and published annually.” The Amended Developer’s Agreement is
attached hereto as Exhibit “B”.
4. Except as hereinabove amended, all of the terms of the Restricted Mortgage and
Covenant, are hereby ratified, confirmed and approved.
[Remainder of page intentionally left blank]
Page 233 of 297
IN WITNESS WHEREOF, the parties have executed this Amendment to Restricted Mortgage
and Covenant on the dates written below.
RUDG-THE COMMONS, LLC, a Florida
limited liability company By: RUDG-The Commons Manager, LLC, a Florida limited liability company
By:
Print Name: ________________________ Its: Printed Name:
__________________________________ Dated:_________________________, 2015
Print Name: ________________________
STATE OF FLORIDA ) COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of ______________________, 2015 by _______________________, as _______________ of RUDG-The
Commons, LLC, a Florida limited liability company, by and on behalf of said company as manager of RUDG-THE COMMONS, LLC, a Florida limited liability company, on behalf of the company. He/she is personally known to me or who has produced as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA My Commission Expires:
[Additional signatures on following pages]
Page 234 of 297
CITY OF MIAMI GARDENS, FLORIDA
Attest:
By:
Ronetta Taylor, City Clerk Cameron D. Benson, City Manager
Date:
Approved as to form and legal sufficiency
Sonja K. Dickens, City Attorney
STATE OF FLORIDA ) COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this ________ day of
____________________, 2015 by _______________________, as City Manager of the City of Miami
Gardens, Florida, by and on behalf of said City. He/she is personally known to me or ho has produced ____________________________________as identification.
_____________________________________ NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 235 of 297
EXHIBIT “A” LEGAL
A portion of Tracts 34 and 34, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION, of
Section 33, Township 51 South, Range 41 East, according to the Plat thereof as recorded in Plat Book 2,
Page 75, of the Public Records of Miami-Dade County, Florida, being more particularly described as follows:
Commence at the East 1 4 corner of said Section 33; along the North line of the Southeast 1/4 of said Section 33 and the North line of said Tract 33 for a distance of 41.27 feet to the Point of Beginning and a
point on the South Right-of-Way line of N.W. 207th Street as recorded in Official Records Book 17813, Page 4115, and Official Records Book 15868, Page 2851, Miami-Dade County records, said point being the northwest corner of Tract "A", 27th AVENUE RACETRAC, according to the Plat thereof as recorded
in Plat Book 160, Page 34, of the Public Records of Miami-Dade County, Florida, said point also being on the arc of a curve concave to the South (a radial line Westerly along the arc of said curve, also being the South Right-of-Way line of N.W. 207th Street, a point also being the southwest corner of said Tract
"A"; Beginning, also being a point on the South Right-of-Way line of N.W. 207th Street. Containing 89,811 sq.ft. more or less (2.06 acres more or less).
Page 236 of 297
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 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 Advertising Requirement: (Enter X in box) Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: RFQ NO. 16- 17-040 Agent of Record/Insurance Broker X
Sponsor Name: Cameron D. Benson, City Manager Department: Human Resource Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, ACCEPTING THE RANKING OF THE SELECTION COMMITTEE FOR
RFQ# 16-17-040, AGENT OF RECORD/INSURANCE BROKER FOR BROKERAGE
SERVICES FOR GROUP EMPLOYEE BENEFITS SERVICES, AND AUTHORIZING
THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS WITH THE FIRST
RANKED FIRM, AND IF NEGOTIATIONS FAIL TO NEGOTIATE WITH THE SECOND
RANKED FIRM, AND SO ON UNTIL THE CITY MANAGER SUCCESSFULLY
NEGOTIATES AND EXECUTES A CONTRACT WITH THE SUCCESSFUL BIDDER;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK: PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE
Staff Summary:
BACKGROUND
In November 2014, Council approved Wells Fargo Insurance Services USA, Inc., as the City’s Agent of
Record/Insurance Broker specifically for broker services for employee benefits, which is currently in
effect.
Item K-8
Agent of Record/Insurance
Broker
Page 237 of 297
CURRENT SITUATION
On March 14, 2017, the City of Miami Gardens solicited Request For Qualifications (RFQ) Number 16-17-
040, Agent of Record/Insurance Broker for brokerage services for Group Employee Benefits services via
BidSync. The selected broker will provide a full range of brokerage services, which shall include, but not
be limited to: the review, analysis, recommendation, and placement of insurance for the City’s Group
Employee Benefits Program.
On April 6, 2017, Request For Qualifications (RFQ) Number 16-17-040 opened. Proposals were received
from five (5) proposers; Brown and Brown Public Risk Insurance Agency; Florida League of Cities, Inc;
Gelin Benefits Group; Sapoznik Insurance, LLC; and Wells Fargo Insurance Services USA, Inc. Each
proposal was publicly read.
On May 3, 2017, a Selection Committee (SC) meeting was held. The Selection Committee meeting
determined that all five (5) responses from Brown and Brown Public Risk Insurance Agency; Florida
League of Cities, Inc.; Gelin Benefits Group; Sapoznik Insurance, LLC., and Wells Fargo Insurance Services
USA, Inc., were responsive and responsible to the requirements of the RFQ.
After evaluation and scoring, the Selection Committee ranked Brown and Brown Public Risk Insurance
Agency, as the first-ranked firm (Exhibit 1).
A copy of the proposal document and submittals are available at the Assistant to the Mayor and
Councils’ Office for review.
Proposed Action:
It is recommended that the City Council approve the Selection Committee’s Recommendation For Award
(RFA) to Brown and Brown Public Risk Insurance Agency, for Request For Qualifications (RFQ) Number
16-17-040, for Agent of Record/Insurance Broker, and authorize the City Manager to proceed with
negotiations. In the event that the negotiations are not successful within a reasonable timeframe
(notification will be provided to the firm) an impasse will be declared and negotiations with the first-
ranked firm will cease. Negotiations will begin with the next ranked firm. This process shall continue
until the City successfully negotiates a contract.
Attachment:
Exhibit 1 – Recommendation For Award
Page 238 of 297
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF 4 THE SELECTION COMMITTEE FOR RFQ# 16-17-040, AGENT 5
OF RECORD/INSURANCE BROKER FOR BROKERAGE 6
SERVICES FOR GROUP EMPLOYEE BENEFITS SERVICES, 7
AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH 8 NEGOTIATIONS WITH THE FIRST RANKED FIRM, AND IF 9 NEGOTIATIONS FAIL TO NEGOTIATE WITH THE SECOND 10
RANKED FIRM, AND SO ON UNTIL THE CITY MANAGER 11
SUCCESSFULLY NEGOTIATES AND EXECUTES A CONTRACT 12
WITH THE SUCCESSFUL BIDDER; PROVIDING FOR 13 INSTRUCTIONS TO THE CITY CLERK: PROVIDING FOR THE 14 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 15
EFFECTIVE DATE. 16
17
WHEREAS, in November 2014, the City Council approved Wells Fargo 18
Insurance Services USA, Inc., as the City’s Agent of Record/Insurance Broker, 19
specifically for broker services for employee benefits, which is currently in effect, and 20
WHEREAS, on March 14, 2017, the City of Miami Gardens solicited Request For 21
Qualifications (RFQ) Number 16-17-040, Agent of Record/Insurance Broker for 22
brokerage services for Group Employee Benefits Services via BidSync, and 23
WHEREAS, the selected Broker will provide a full range of brokerage services, 24
which shall include, but not be limited to: the review, analysis, recommendation, and 25
placement of insurance for the City’s Group Employee Benefits Program, and 26
WHEREAS, on April 6, 2017, RFQ Number 16-17-040 opened, proposals were 27
received from five (5) proposers; Brown and Brown Public Risk Insurance Agency; 28
Florida League of Cities, Inc; Gelin Benefits Group; Sapoznik Insurance, LLC; and Wells 29
Fargo Insurance Services USA, Inc., 30
WHEREAS, each proposal was publicly read, and 31
Page 239 of 297
WHEREAS, on May 3, 2017, a Selection Committee meeting was held and the 32
Committee meeting determined that all five (5) responses were responsive and 33
responsible to the requirements of the RFQ, and 34
WHEREAS, after evaluation and scoring, the Selection Committee ranked Brown 35
and Brown Public Risk Insurance Agency, as the first-ranked firm, and 36
WHEREAS, City staff is requesting that the City Council accept the rankings of 37
the Selection Committee and authorize the City Manager to negotiate with the first 38
ranked vendor and if negotiations fail, to negotiate with the second ranked vendor and 39
so on until an agreement is negotiated and executed, 40
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 42
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 43
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 44
made a specific part of this Resolution. 45
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 46
hereby accepts the rankings of the Selection Committee and authorizes the City 47
Manager to negotiate with the first ranked vendor and if negotiations fail, to negotiate 48
with the second ranked vendor and so on until an agreement is negotiated and 49
executed. 50
Section 3; INSTRUCTIONS TO THE CITY CLERK: Section 3: 51
INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain 52
two (2) fully executed copies of the subject Agreement with one to be maintained by the 53
City, and one to be delivered to the successful bidder. 54
Page 240 of 297
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 55
upon its final passage. 56
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 57
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 58
59
___________________________________ 60
OLIVER GILBERT, III, MAYOR 61
62 63 64
ATTEST: 65
66
67 __________________________________ 68 RONETTA TAYLOR, MMC, CITY CLERK 69
70
71
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 72 73 74
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 75
76
Moved by: __________________ 77 78 VOTE: _________ 79
80
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 81
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 82 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 83 Councilman Rodney Harris ____ (Yes) ____ (No) 84
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 85
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 86
Councilman David Williams Jr ____ (Yes) ____ (No) 87
88
Page 241 of 297
RFQ #: 3/14/17
Title:4/6/17
Agency:5
Project Manager:5/3/17
Vendors Listed Alphabetically Address City State - Country Zone Zip
Brown and Brown Public Risk Insurance Agency 220 S. Ridgewood Avenue, Sutie 210 Daytona Beach FL 32114
Florida League of Cities, Inc.125 East Colonial Drive Orlando FL 32801
Gelin Benefits Group 6750 N. Andrews Avenue, Suite 200 Fort Lauderdale FL 33309
Sapoznik Insurance, LLC 1100 NE 163rd Street North Miami Beach FL 33162
Wells Fargo Insurance Services USA, Inc.100 NE 3rd Avenue, Suite 600 Fort Lauderdale FL 33301
5/3/17
4
Agent of Record/Insurance
Broker
Human Resources
Recommendation of Award:
Date Advertised:
Date Opened:
Number of Responses Received:
16-17-040
Melissa Negron
COMMENTS:
Date Created:
Rank
1
5
3
2
Page 242 of 297
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st
Reading
2nd Reading
X Public Hearing: (Enter X in box) Yes No Yes No
X
Funding Source: Advertising Requirement: (Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: N/A X
Strategic Plan
Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev.
Public Safety Quality of Education Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address)X
Sponsor Name Cameron
Benson City Manager
Department: City Manager’s Office
Short Title:
A RESOLUTION OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING
A PROPOSED MILLAGE RATE TO BE LEVIED FOR FISCAL YEAR 2017-18
FOR OPERATING PURPOSES; ESTABLISHING THE DEBT SERVICE
MILLAGE RATE APPROVED BY THE ELECTORATE IN APRIL 2014; SETTING THE DATE, TIME AND PLACE OF PUBLIC HEARINGS TO
CONSIDER THE PROPOSED MILLAGE RATE, DEBT SERVICE MILLAGE
RATE AND TENTATIVE BUDGET; PROVIDING FOR DIRECTIONS TO THE
CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE
Staff Summary:
On July 1, 2017 the City received the certification of 2017 taxable value for fiscal year 2018. Pursuant to Chapter 200, Florida Statues, the City has to certify with Property Appraiser Office
Item L-2
Tentative Millage
Page 243 of 297
utilizing Department of Revenue e-TRIM system, a not-to-exceed millage rate to be levied for fiscal year 2018 no later than 4:30 p.m. on August 4, 2017. The operating roll back rate for FY 2018 is
6.3876 mills. The proposed operating rate is 6.9363 which is the same millage rate as FY 2017.
The voted debt service approved by the voters on April 21, 2014 for the parks and recreation
improvements and purchase of crime prevention equipment is 1.0565 mill for FY 2018.
The rate to be adopted at this meeting is a “not to exceed” rate. At the September budget
hearings that are required by law, the Council can reduce this “not to exceed” rate, but should
Council decide to increase the “not to exceed rate”, a first class certified mail has to be sent to all voters in the City.
Recommendation:
Staff recommends that Council approve the millage resolution at 6.9363 mills for the operating and 1.0565 mills for debt service.
Attachment:
Proposed budget
Page 244 of 297
1 RESOLUTION NO. 2017- 2
3
A RESOLUTION OF THE CITY OF MIAMI GARDENS, 4
FLORIDA, ADOPTING A PROPOSED MILLAGE RATE TO 5 BE LEVIED FOR FISCAL YEAR 2017-18 FOR 6 OPERATING PURPOSES; ESTABLISHING THE DEBT 7
SERVICE MILLAGE RATE APPROVED BY THE 8
ELECTORATE IN APRIL 2014; SETTING THE DATE, 9
TIME AND PLACE OF PUBLIC HEARINGS TO 10 CONSIDER THE PROPOSED MILLAGE RATE, DEBT 11 SERVICE MILLAGE RATE AND TENTATIVE BUDGET; 12
PROVIDING FOR DIRECTIONS TO THE CITY 13
MANAGER; AND PROVIDING FOR AN EFFECTIVE 14
DATE. 15 16 WHEREAS, Chapter 200, Florida Statutes, provides for a uniform procedure 17
for the adoption of ad valorem tax and millage rates associate therewith, and 18
WHEREAS, Section 200.065, Florida Statutes, provides for the adoption of a 19
proposed millage rate, together with the establishment of a roll-back rate computed 20
pursuant to Section 200.065(1), Florida Statutes, and 21
WHEREAS, on July 1, 2017, the Property Appraiser of Miami-Dade 22
County, Florida served upon the City, a Certification of Taxable Value, certifying 23
to the City its 2017 taxable value and 24
WHEREAS, pursuant to the referendum approved by the voters of the City 25
on April 21, 2014, the issuance of General Obligation bonds in an amount of 26
$60,000,000.00 was authorized; and 27
WHEREAS, the City Manager has recommended a budget and a proposed 28
millage that will support the same, based upon the preliminary certified property 29
values provided by the Property Appraiser, and 30
Page 245 of 297
WHEREAS, the provisions of Section 200.065, Florida Statues, require 1
that the City, within thirty-five (35) days of service of the Certification of Taxable 2
Value, furnish to the property Appraiser and Tax Collector the proposed millage 3
rate and the date, time and place at which public hearings will be held to consider 4
the proposed millage rate and the tentative budget, 5
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 6
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 7
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 8
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 9
are hereby made a specific part of this Resolution. 10
Section 2. ADOPTION OF PROPOSED OPERATING MILLAGE 11
RATE: The City Council hereby adopts and establishes the proposed operating 12
millage rate for FY 2017-2018 at 6.9363, which is $6.9363 per $1,000.00 of 13
assessed property within the City of Miami Gardens, Florida. 14
Section 3. COMPUTATION OF OPERATING ROLLBACK RATE: The 15
roll-back rate is 6.3876 16
Section 4. ADOPTION OF DEBT SERVICE MILLAGE RATE: The City 17
Council hereby adopts and establishes the proposed voted debt service millage 18
rate for FY 2017-2018 at 1.0565 mills as established in accordance with the 19
provisions of law pursuant to Chapter 200, Florida Statutes. 20
Section 5. That the City’s aggregate tentative millage rate is 7.9928 (a 21
combined total Millage of 6.9363 Mills for operating and 1.0565 Mills for debt 22
service). 23
Section 6. ESTABLISHMENT OF DATE, TIME AND PLACE OF 24
PUBLIC HEARING: The date, time and place of the first and second public 25
Page 246 of 297
hearings on the proposed millage rate and tentative budget are set by the City 1
Council as follows: 2
Date Time Place First Budget Hearing:
September 12, 2017 ____ 6:00 p.m. City Hall/City of Miami Gardens
18605 NW 27 Ave Miami Gardens, FL 33056 Second Budget Hearing:
_September 27, 2017 6:00 p.m. City Hall/City of Miami Gardens
18605 NW 27 Ave Miami Gardens, FL 33056 3
Section 4. DIRECTIONS TO THE FINANCE DIRECTOR THROUGH THE 4
CITY MANAGER: The City Manager, is directed to complete and certify the “Not 5
to exceed” millage rate utilizing the Department of Revenue electronic eTRIM 6
system no later than 4:30 p.m. on August 4, 2017. 7
Section 5. EFFECTIVE DATE: This resolution shall be effective 8
immediately upon its adoption. 9
10 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF 11
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON July 26, 2017. 12
13
14 15 __________________________ 16
Oliver Gilbert III, MAYOR 17
ATTEST: 18
19 20 ____________________________________ 21
RONETTA TAYLOR, CMC, CITY CLERK 22
23
Reviewed by SONJA K. DICKENS, ESQ. 24 City Attorney 25
Page 247 of 297
1 SPONSORED BY: City Manager Cameron D. Benson 2
3
MOTION BY:_________________ 4
5 SECOND BY: __________________ 6 7
VOTE: __ 8
9
Mayor Oliver Gilbert III (Yes) (No) 10 Vice Mayor Erhabor Ighodaro ____(Yes) ___(No) 11 Councilwoman Lillie Q. Odom (Yes) (No) 12
Councilman David Williams Jr. (Yes) (No) 13
Councilman Rodney Harris (Yes) (No) 14
Councilwoman Lisa Davis (Yes) (No) 15 Councilwoman Felicia Robinson (Yes) (No) 16 17
Page 248 of 297
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading x Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source: N/A Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev Public Safety
Quality of Education Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name David Williams Jr Council Member Department: Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING THE EXCELLENCE IN EDUCATION
TEMPORARY AD HOC ADVISORY COMMITTEE; PROVIDING FOR A
SUNSET DATE; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
.
The City of Miami Gardens and Miami-Dade County public schools first adopted the
Miami Gardens Education Compact on April 18, 2007.
The Excellence in Education Council Board is currently inactive. On April 19, 2017,
Councilman Williams held a public workshop. At that workshop it was determined that
it would be necessary and more effective for the new board members to be appointed
by the City Council. Item L-2
Excellence in Education
Page 249 of 297
Councilman Williams is proposing the creation of a temporary ad hoc Excellence in
Education Council Committee (“Committee”), with each Council member and the Mayor
appointing one (1) member, for a total of seven (7) members.
The primary responsibility of this “temporary” ad hoc Excellence in Education Council
committee would be to advise the City Council on reinstating the Excellence Education
Council Board and bringing back recommendations to the City Council as it relates to the
composition of the Board as well as to make recommendations on the goals and
objectives of the Board. Since the Committee will have a limited purpose, it will
terminate upon on final recommendations made to the City Council or one year after all
appointments have been made whichever comes first.
Proposed Action:
That the City Council approves the attached Resolution.
Attachment:
Page 250 of 297
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, CREATING THE EXCELLENCE IN 4 EDUCATION TEMPORARY AD HOC ADVISORY COMMITTEE; 5
PROVIDING FOR A SUNSET DATE; PROVIDING FOR THE 6
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7
EFFECTIVE DATE. 8 9 WHEREAS, the City of Miami Gardens and Miami-Dade County public schools 10
first adopted the Miami Gardens Education Compact on April 18, 2007, and 11
WHEREAS, the Excellence in Education Council Board is currently inactive, and 12
WHEREAS, on April 19, 2017, Councilman Williams held a public workshop, and 13
at that workshop it was determined that it would be necessary and more effective for the 14
new board members to be appointed by the City Council, and 15
WHEREAS, Councilman Williams is proposing the creation of a temporary ad 16
hoc Excellence in Education Council Advisory Committee (“Committee”), with each 17
Council member and the Mayor appointing one (1) member, for a total of seven (7) 18
members, and 19
WHEREAS, the primary responsibility of this temporary ad hoc Excellence in 20
Education Council committee would be to advise the City Council on reinstating the 21
Excellence Education Council Board and bringing back recommendations to the City 22
Council as it relates to the composition of the Board as well as to make 23
recommendations on the goals and objectives of the Board, and 24
WHEREAS, since the Committee will have a limited purpose, it will terminate 25
upon on final recommendations made to the City Council or one year after all 26
appointments have been made whichever comes first, 27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 29
Page 251 of 297
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 30
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 31
made a specific part of this Resolution. 32
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 33
hereby authorizes the creation of a temporary ad hoc Excellence in Education Council 34
Advisory Committee. Each Council member and the Mayor shall appoint one (1) 35
member, for a total of seven (7) members. 36
Section 3: SUNSET DATE: The Committee will terminate upon on final 37
recommendations made to the City Council or one year after all appointments has 38
been made whichever comes first. 39
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 40
upon its final passage. 41
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 42
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 43
44
___________________________________ 45
OLIVER GILBERT, III, MAYOR 46
47 48 49
ATTEST: 50
51
52 __________________________________ 53 RONETTA TAYLOR, MMC, CITY CLERK 54
55
56
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57 58 59
SPONSORED BY: 60
61
Moved by: __________________ 62
Page 252 of 297
63
VOTE: _________ 64
65 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 66 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 68
Councilman Rodney Harris ____ (Yes) ____ (No) 69
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 70 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 71 Councilman David Williams Jr ____ (Yes) ____ (No) 72
73
Page 253 of 297
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 26th, 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: Yes No
x
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #)
X
Strategic Plan Related: Yes No Strategic Plan Priority Area:
Enhance Organizational Bus. & Economic Dev
Public Safety Quality of Education
Qual. of Life & City Image Communication
Strategic Plan Obj./Strategy:
X
Sponsor Name: City Manager,
Cameron D. Benson
Department: Planning and Zoning
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA AMENDING RESOLUTION NO. 4-ZAB-149-91
CONSENTING TO THE MODIFICATION OF THE HOURS OF
OPERATION FOR A CHILD LEARNING CENTER AND AFTER SCHOOL
CARE CENTER LOCATED AT 18215 NORTHWEST 18TH AVENUE,
MIAMI GARDENS, FLORIDA; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
On June 12, 1991 the Metropolitan Dade County Zoning Appeals Board passed and adopted Resolution
No. 4-ZAB-149-91 permitting by Special Exception a day nursery and after school care center to be
located at 18215 NW 18th Avenue, Miami Gardens, Florida. The Board also passed and adopted a
Item O-1
Nurul Amin/IQRA Learning
Center
Page 254 of 297
related non-use variance permitting the day nursery and after school care center to be located within 5-
10 feet of an existing residential structure where 50 feet is required. A site plan to include a building
addition and a landscaping plan was required by the Board, in addition to other conditions of approval.
Construction in accordance with the submitted plans was completed in 1992.
Current Situation
The applicant, Nurul Amin of IQRA Learning Center, wishes to purchase the site for a learning center
serving children ages 8 to 12 years old and continue its use as a non-public educational/child care facility
under Special Exception Resolution No. 4-ZAB-149-91. The applicant is requesting an amendment to the
Resolution which would modify the hours of operation from 6:00am – 6:30pm Monday thru Friday, to
9:00am – 6:30pm Monday thru Friday and 12:00pm to 6:30pm Saturday.
Proposed Action:
It is recommended the City of Miami Gardens City Council adopt the amendment to Resolution No. 4-
ZAB-149-91 consenting to the modification of the hours of operation.
Attachments:
Exhibit “A”- Previous Resolution No. 4-ZAB-149-91
Page 255 of 297
RESOLUTION NO.___________ 1 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA AMENDING RESOLUTION NO. 4-4
ZAB-149-91 CONSENTING TO THE MODIFICATION OF THE 5
HOURS OF OPERATION FOR A CHILD LEARNING CENTER 6
AND AFTER SCHOOL CARE CENTER LOCATED AT 18215 7
NORTHWEST 18TH AVENUE, MIAMI GARDENS, FLORIDA; 8
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 9
PROVIDING FOR AN EFFECTIVE DATE. 10
WHEREAS, on June 12, 1991, the Metropolitan Dade County Zoning Appeals 11
Board (“Board”) adopted Resolution No. 4-ZAB-149-91, permitting by Special Exception 12
a day nursery and after school care center to be located at 18215 Northwest 18th 13
Avenue, Miami Gardens, Florida, and 14
WHEREAS, the Board also adopted a related non-use variance permitting the 15
day nursery and after school care center to be located within five (5) to ten (10) feet of 16
an existing residential structure where fifty (50) feet is required, and 17
WHEREAS, the applicant, IQRA Learning Center, wishes to purchase the site for 18
a learning center serving children ages eight (8) to twelve (12) years old, as well as 19
adults, and to continue its use as a non-public educational/child care facility under 20
Special Exception Resolution No. 4-ZAB-149-91, and 21
WHEREAS, the applicant is requesting an amendment to the Resolution which 22
would modify the hours of operation from 6:00 am to 6:30 pm Monday thru Friday, to 23
9:00 am to 6:30 pm Monday thru Friday, and 12:00 pm to 6:30 pm Saturday & Sunday, 24
and 25
WHEREAS, currently the property is zoned as Residential (R-1) and City Staff 26
has reviewed the application and recommends the City Council adopt the amendment 27
Page 256 of 297
to Resolution No. 4-ZAB-149-91 consenting to the modification of the hours of 28
operation, and 29
30
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 32
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 33
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 34
made a specific part of this Resolution. 35
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 36
hereby adopt the amendment to Resolution No. 4-ZAB-149-91 consenting to the 37
modification of the hours of operation an adult and child learning center and after school 38
care center located at 18215 northwest 18th Avenue, Miami Gardens, Florida. 39
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 40
upon its final passage. 41
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 42
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 43
44
___________________________________ 45
OLIVER GILBERT, III, MAYOR 46 47 48
49
ATTEST: 50
__________________________________ 51 RONETTA TAYLOR, MMC, CITY CLERK 52 53
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 54
55
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 56 57
Page 257 of 297
Moved by: __________________ 58 59
VOTE: _________ 60
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 62 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 63 Councilman Rodney Harris ____ (Yes) ____ (No) 64
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 66
Councilman David Williams Jr ____ (Yes) ____ (No 67
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P-1
Sunbeam vs. CMG
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June 2017
P-2
MGPD Monthly Report
Page 277 of 297
About this report
The Miami Gardens Police Department provides information concerning crimes in the City of Miami Gardens.
Each page depicts actual crime information captured by the Records and Crime Analysis Units.
Glossary
Targeted Crimes:
The State of Florida uses these crimes for conformity in compiling statistics within the state and the nation. The
statistics for these crimes are reported to the Florida Department of Law Enforcement for inclusion in the Federal
Bureau of Investigations (FBI) Annual Report. Data from the monthly report may differ from the FBI’s published
report due to the fact that only certain classes of crime are extracted for publication and crimes reported after the
reporting deadline are still captured by the Records Unit.
•Criminal Homicide –The willful (non-negligent) killing of one human being by another.
•Aggravated Assault ̶An unlawful attack by one person upon another for the purpose of
inflicting severe or aggravated bodily injury.
•Larceny ̶Deprive victim of such property permanently or temporarily without threat or
violence or putting in fear, or by sudden snatch.
•Robbery ̶To take or attempt to take anything of value from the care, custody, or control of
a person or persons by force or threat of force or violence and/or by putting
victim in fear.
•Burglary ̶The unlawful or attempted entry of a structure to commit a felony or a theft.
Page 278 of 297
GLOSSARY
Emergency Calls
P = Priority call and is identified by a verbal ‘3’ at the beginning of the signal at dispatch
Code 3 emergency call: A situation or sudden occurrence which poses an actual threat of
serious injury or loss of human life and demands swift police action. Code 3 calls are preceded by a tone
indicator and the signal prefixed by a 3.
Example: Shooting victim, violent domestic with injuries, accident with injuries
P1 = Emergency call that is identified by a verbal ‘2’ at the beginning of the signal at dispatch.
Code 2 emergency call:A situation which poses a potential threat of serious injury or loss of
human life which may require swift police action. Code 2 calls are preceded by a tone indicator and the
signal prefixed by a 2.
Example: Burglary in progress, violent domestic, assault with potential of injuries.
P2 = requires an immediate response but no imminent threat of serious injury or loss of human life involved.
There is no tone indicator preceding this type of call.
Example: A just occurred burglary or any incident where the suspects may still be in
immediate area.
P3+= Considered a routine response for a call that is delayed or non-emergency in nature.
Example: Identity theft, loud music complaints, barking dog disturbance.
Page 279 of 297
Monthly Statistical Comparison June 2017
Year to Date 2016 2017 % Change
Criminal Homicide 11 11 0%
Forcible Rape 8 8 0%
Robbery 135 107 -21%
Aggravated Assault 208 316 52%
Burglary 296 215 -27%
Theft from Motor Vehicle 439 498 13%
Larceny (All Other)866 807 -7%
Motor Vehicle Theft 207 183 -12%
Total 2170 2145 -1%
This report reflects incidents that are currently in the records management and the GEO verification systems at the time this report was
generated.Data shown is subject to change as pending reports are entered into records.*Non-calculable
4
Monthly Comparison May
2017
June
2017 %Change
June
2016
June
2017 %Change
Criminal Homicide 2 3 50%5 3 -40%
Forcible Rape 0 4 N/C 3 4 33%
Robbery 11 12 9%23 12 -48%
Aggravated Assault 44 62 41%37 62 68%
Burglary 43 32 -26%45 32 -29%
Theft from Motor
Vehicle 106 110 4%57 110 93%
Larceny (All Other)159 140 -12%138 140 1%
Motor Vehicle Theft 27 28 4%28 28 0%
Total 392 391 0%336 391 16%
Page 280 of 297
Monthly Statistical Comparison June 2017
ARREST May June Diff %Change
Criminal Homicide 0 0 0 N/C
Forcible Sex Battery 1 0 -1 -100%
Robbery 2 1 -1 -50%
Aggravated Assault 10 13 3 30%
Burglary 7 1 -6 -86%
Larceny 15 30 15 100%
Motor Vehicle Theft 8 1 -7 -88%
Total 43 46 3 7%
*Percentage change is non-calculable
Page 281 of 297
PART ONE CRIMES
June 2016 / June 2017
5 3
23
37
45
57
138
28
3 4 12
62
32
110
140
28
0
20
40
60
80
100
120
140
160
Jun-16
Jun-17
Page 282 of 297
PART ONE CRIMES
Year to Date Comparison
2016 / 2017
11 8
135
208
296
439
866
207
11 8
107
316
215
498
807
183
0
100
200
300
400
500
600
700
800
900
1000
2016
2017
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TOP FIVE ACCIDENT LOCATIONS
•NW 167th ST,NW 27th AVE –3
•NW 167th ST,NW 47th AVE –3
•NW 175th ST,NW 32nd AVE –3
•NW 183rd ST,NW 7th AVE –2
•NW 215th ST,NW 2nd AVE –2
81
4
Contributing Factors
Violation of Right of
Way
Fail to Maintain
Single Lane
Ran Red Light
Page 284 of 297
TOP FIVE ACCIDENT LOCATIONS
June 01 through June 30, 2017
NW 167th Street/ NW 27th Avenue
DHSMV # Case #Date/Time Cause
86935201 2017008923 6/1/2017 8:53 Ran Red Light
86935240 2017009096 6/4/2017 12:04 Failure to Maintain Lane
86935470 2017010382 6/25/2017 14:25 Violation of right of way
NW 167th Street/ NW 47th Avenue
DHSMV # Case #Date/Time Cause
86935204 2017008942 6/1/2017 14:12 Violation of right of way
86935235 2017009074 6/3/2017 19:59 Violation of right of way
86935306 2017009491 6/11/2017 12:50 Violation of right of way
NW 175th Street/ NW 32nd Avenue
DHSMV # Case #Date/Time Cause
86935357 2017009789 6/15/2017 22:41 Ran Red Light
86935400 2017010027 6/19/2017 15:24 Violation of right of way
86935473 2017010403 6/26/2017 2:26 Ran Red Light
NW 183rd Street/ NW 7th Avenue
DHSMV # Case #Date/Time Cause
86935214 2017008983 6/2/2017 14:41 Ran Red Light
86935353 2017009770 6/15/2017 22:12 Violation of right of way
NW 215th Street/ NW 2nd Avenue
DHSMV # Case #Date/Time Cause
86935381 2017009933 6/18/2017 5:37 Violation of right of way
86935433 2017010204 6/22/2017 11:24 Violation of right of way
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TRAFFIC ENFORCEMENT SUMMARY
2017
10
JAN FEB MAR APR MAY JUNE JUL AUG SEPT OCT NOV DEC
YEAR TO
DATE
Accident Reports 324 221 315 281 380 281 1802
Traffic Stops 317 273 297 307 81 315 1590
Traffic Moving 172 124 161 125 174 118 874
Traffic Non Moving 142 111 121 93 88 50 605
Traffic Verbal 80 62 85 94 115 113 549
Parking Citations 31 6 1 9 13 1 61
Red Light Camera
Violations 9738 10568 10910 11503 12081 12542 67342
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11
TRAFFIC ENFORCEMENT ACTIVITY
June 2017
281, 2%315, 2%
118, 1%
50, 0%
113, 1%
1, 0%
12,542, 94%
Accident Reports
Traffic Stops
Traffic Moving
Traffic Non Mov
Traffic Verbal
Parking Citations
Red Light Camera
Violations
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12
STREET CRIMES, CAREER CRIMINAL, AND GANG UNITSJune 2017
These proactive units effected 20 arrests:
11 Felony, 9 Misdemeanor, and 0 Traffic Arrests
Proactive Patrol 36
10
Field Contacts
Traffic Citations
Executed 3 Search Warrants
Seized 25931
72
10
Grams of Marijuana
Grams of Cocaine
Firearms
U.S. Marshal Services 5
9
Apprehension/Warrants related to CMG
Total Apprehension/Warrants
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CUSTODIAL FIREARMS
6/1/2017 to 6/30/2017
13
Total = 17
1
5
1 1
0
3
0
6
0
1
2
3
4
5
6
7
17 & Younger 18 to 21 22 to 24 25 to 30 31 to 40 41 to 50 Over 50 Other
Possessors' Age
12
2
2
1 0
Firearms Type
Pistol
Shotgun
Revolver
Rifle
Machine Gun
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CUSTODIAL FIREARMS
14 Total =105
20
18
8
12
15
12
0 0 0 0 0
2
5
2
0 0 0
22
0 0
5
1 1
0 0 0 0 0 00
5
10
15
20
25
Jan Feb Mar Apr May Jun
Year to Date
Pistol
Shotgun
Revolver
Rifle
Machine Gun
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TRAINING ANALYSIS
2016 TRAINING ACTIVITY
2017 TRAINING ACTIVITY
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
YTD
TOTAL
CLASSES
ATTENDED 18 11 17 65 26 15 152
HOURS TAUGHT 1176 1000 1065 720 1028 432 5421
PARTICIPANTS 45 29 41 29 34 33 211
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
YTD
TOTAL
CLASSES
ATTENDED 14 18 18 20 14 15 10 18 17 21 11 12 188
HOURS TAUGHT 309 438 2004 2078 544 1252 746 512 488 776 540 848 10535
PARTICIPANTS 55 176 123 58 21 41 19 30 73 26 39 33 694
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JUNE 2017 –OVERTIME
SUMMARY
CATEGORY HOURS
SHIFT EXTENSION/ HELD OVER 632
COURT 446
ADMINISTRATION 0
SPECIAL DETAIL 130
COMMUNICATIONS 864
TOTAL 2072
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JUNE 2017 –OVERTIME SUMMARY
632
446
0130
864
SHIFT EXTENSION/ HELD OVER
COURT
ADMINISTRATION
SPECIAL DETAIL
COMMUNICATIONS
Page 293 of 297
ROUTINE CALLS FOR SERVICE
2016 / 2017
5978
5707
6336
5479 5618
5857
5009 4864
5162
4849
5600 5610
0
1000
2000
3000
4000
5000
6000
7000
JAN FEB MAR APR MAY JUN
2016
2017
Page 294 of 297
EMERGENCY & PRIORITY CALLS FOR SERVICE
2016 / 2017
624
552 550
588
654
548
651
578
627
688
644
561
0
100
200
300
400
500
600
700
800
JAN FEB MAR APR MAY JUN
2016
2017
Page 295 of 297
RESPONSE TIMES FOR CALLS FOR SERVICE
2017
20
11.345
9.235
10.84 10.97 9.875 10.55
32.375 32.43
29.78 29.3 28.58
20.7
0
5
10
15
20
25
30
35
Jan Feb Mar Apr May June
P+ & P1
P2 & P3+
Page 296 of 297
MIAMI GARDENS
POLICE DEPARTMENT
Page 297 of 297