HomeMy WebLinkAbout July 12, 2006 City Council AgendaCITY OF MIAMI
GARDENS
CITY COUNCIL
MEETING AGENDA
July 12, 2006
7:00 P.M.
City Council Chambers
1515 N.W. 167th Street, Building 5, Suite 200
Miami Gardens, Florida 33169
py{ MIAMICITY OF
CITY COUNCIL MEETING AGENDA
City of Miami Gardens Ordinance No. 2004-02-18 requires all lobbyists before
engaging in any lobbying activities to register with the City Clerk and pay an
annual fee of $250.00. This applies to all persons who are retained (whether
paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection
of professional consultants, and virtually all -legislative, quasi-judicial and
administrative action. All not-for-profit organizations, local chamber and
merchant groups, homeowner associations, or trade associations and unions
must also register however an annual fee is not required.
(A) CALL TO ORDER/ROLL CALL
(B) INVOCATION
(C) PLEDGE OF ALLEGIANCE
(D) APPROVAL OF MINUTES - Regular City Council Meeting June 14, 2006
(E) ORDER OF BUSINESS (Items shall be pulled from the Consent Agenda at this time):
Regular City Council Agenda
July 12, 2006
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Monthly Report — Miami Gardens District Police
(G) PUBLIC COMMENTS
(H) ORDINANCES) FOR FIRST READING
There are none.
(I) ORDINANCE(S) FOR SECOND READING "PUBLIC HEARINGS."
I-1) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA
CREATING A YOUTH COUNCIL; PROVIDING FOR
QUALIFICATIONS AND PROCEDURES; PROVIDING FOR AN
ELECTION PROCESS; PROVIDING FOR A TERM; PROVIDING
FOR PARENTAL CONSENT; 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 COUNCILWOMAN WATSON)
(,n CONSENT AGENDA/RESOLUTION(S)
J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2005 AUDIT
REPORT FROM THE CITY'S AUDITORS, RACHLIN COHEN &
HOLTZ, LLP, A COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT "A"; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO APPLY FOR AN URBAN AND COMMUNITY
FORESTRY GRANT FROM THE STATE OF FLORIDA,
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES,
DIVISION OF FORESTRY; AUTHORIZING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO ANY AND
ALL DOCUMENTS NECESSARY TO OBTAIN THE URBAN AND
COMMUNITY FORESTRY GRANT; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Regular City Council Agenda 2
July 12, 2006
MIAMI GARDENS, FLORIDA, AUTHORIZING THE
IMPLEMENTATION OF A COMMUNITY BEAUTIFICATION
GRANT; APPROVING THE FORM COMMUNITY
BEAUTIFICATION GRANT PARTICIPATION AGREEMENT FOR
PARTICIPANTS IN THE GRANT PROGRAM; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT
CERTAIN AGREEMENT WITH H & J ASPHALT, INC., FOR
STREET RESURFACING ON AN AS -NEEDED BASIS, BY RELYING
UPON THAT CERTAIN AGREEMENT BETWEEN MIAMI-DADE
COUNTY AND H & J ASPHALT, A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT "A"; AUTHORIZING A WAIVER TO THE
COMPETITIVE PROCESS; AUTHORIZING THE CITY MANAGER
TO EXPEND FUNDS IN ACCORDANCE WITH THE AGREEMENT,
NOT TO EXCEED BUDGETED FUNDS; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. (SPONSORED BY THE CITY MANAGER)
J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THAT CERTAIN MASTER ESCROW AGREEMENT
WITH IRON MOUNTAIN INTELLECTUAL PROPERTY
MANAGEMENT, INC., AND TYLER TECHNOLOGIES, EDEN
DIVISION, A COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
J-6) 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 INTERLOCAL AGREEMENT WITH MIAMI DADE
COUNTY FOR FUNDING FROM THE BUILDING BETTER
COMMUNITIES GENERAL OBLIGATION BOND, FOR ROLLING
OAKS PARK RENOVATION AND IMPROVEMENTS, A COPY OF
WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
Regular City Council Agenda 3
July 12, 2006
DATE. (SPONSORED BY THE CITY MANAGER)
J-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 INTERLOCAL AGREEMENT WITH MIAMI DADE
COUNTY FOR FUNDING FROM THE BUILDING BETTER
COMMUNITIES GENERAL OBLIGATION BOND, FOR THE PARKS
AND RECREATION MASTER PLAN, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. (SPONSORED BY THE CITY MANAGER)
J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT
CERTAIN FIRST ADDENDUM TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND
CSA SOUTHEAST, INC., A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO
THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND THE
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT
CERTAIN FIRST ADDENDUM TO THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND
M.T. CAUSLEY, INC., A COPY OF WHICH IS ATTACHED HERETO
AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
(K) RESOLUTION(S)
There are none
(L) REPORTS OF CITY MANAGER AND CITY ATTORNEY.
L-1) Miami Gardens Jaycees' Award Recipients
Regular City Council Agenda 4
July 12, 2006
(M) REPORTS OF MAYOR AND COUNCIL MEMBERS.
(N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC.
(o) ADJOURNMENT.
IN ACCORDANCE WITH THE AMERICANS 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, CITY CLERK (305) 622-8003, NOT LATER THAN 48 HOURS PRIOR TO SUCH
PROCEEDING.
ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR. CITY CLERK
(305) 622-8003.
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.
Please turn-off all beepers and cellular telephones to avoid interrupting
the council meeting.
Regular City Council Agenda $
July 12, 2006
1515-200 NW 167th Street
Miami Gardens, Florida 33169
City of 9Iliami Gardens
n 1 A -14I
SERF,
.
MEMORANDUM
To: The Honorable Mayor and City Council
From: Councilwoman Barbara Watson
Council Member — Seat 2
Date: July 12, 2006
Mayor Shirley Gibson
Vice Mayor Oscar Braynon 11
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Re: Ordinance creating Youth Council; providing for qualifications and procedures;
providing for an election process; term of office and parent consent.
The attached ordinance on for second reading and public hearing establishes a Youth Council. The
establishment of a Youth Council will provide an opportunity for the youth of the City of Miami
Gardens to acquire a greater knowledge of, and appreciation for, the American political system
through active participation in that system.
The Youth Council will serve the City of Miami Gardens in a number of ways including keeping the
Mayor and Council abreast of the issues that affect the City's youth; assisting with the planning of
social, educational, cultural and recreational activities for youth and working with the Mayor, City
Council and staff on providing service and leadership opportunities for the youth of the City.
Recommendation: That City Council adopt this ordinance on second reading.
I-1) ORDINANCE
2ND READING
YOUTH COUNCIL CREATION
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Ordinance No. 06
ORDINANCE No. 06 -
AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA
CREATING A YOUTH COUNCIL; PROVIDING FOR QUALIFICATIONS
AND PROCEDURES; PROVIDING FOR AN ELECTION PROCESS;
PROVIDING FOR A TERM; PROVIDING FOR PARENTAL CONSENT;
PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING
ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council has determined that it would like to create a Student
Youth Council ("Youth Council") that will be composed of students who attend Miami
Norland and Miami Carol City High Schools, and
WHEREAS, the establishment of a Youth Council will provide an opportunity for
the youth of the City of Miami Gardens to acquire a greater knowledge of, and
appreciation for, the American political system through active participation in that
system, and
WHEREAS, Youth Council will, among other things, serve the City of Miami
Gardens in a number of ways including, keeping the Mayor and City Council abreast of
the issues that affect the City's youth. Assisting with the planning of social, educational,
cultural and recreational activities for youth, and working with the Mayor, City Council,
and City staff on providing service and leadership opportunities for the youth of the City,
Paqe 1
Ordinance No. 06
1 and
2 WHEREAS, the City Council deems it appropriate to establish guidelines for
3 appointment and membership of Youth Council,
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 MIAMI GARDENS, FLORIDA, as follows:
6 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
7 Clauses are hereby ratified and confirmed as being true, and the same are hereby
8 made a specific part of this Ordinance.
9 SECTION 2. CREATION: There is hereby created a Student Youth Council
10 ("Youth Council") in the City of Miami Gardens. The Youth Council shall be comprised of
11 seven (7) members.
12 SECTION 3. QUALIFICATIONS: Members of the Student Youth Council are
13 required to be High School Students, in the 9th, 10th, 11th, or 12th grades, attending either
14 Miami Norland or Miami Carol City High School, and shall be residents of Miami Gardens
15 Florida. Members of the Youth Council shall maintain at least a 2.5 Grade Point
16 Average, must maintain good citizenship, and must demonstrate an interest in the
17 community, and a willingness to serve the youth of Miami Gardens.
18 SECTION 4. APPOINTMENT/REMOVAL PROCESS: the student bodies of Miami
Paqe 2
Ordinance No. 06
1 Norland Senior High School and Miami Carol City High School shall elect the seven
2 members of the Student Council, commencing August of 2006, and every August
3 thereafter. Terms shall commence from the date of the election and shall terminate at the
4 end of the school year. Three of the students shall be elected from the student body of
5 Miami Norland High School, and three of the members shall be elected from the student
6 body of Miami Carol City. The elections for the members of the Student Council shall be
7 conducted in coordination with the Miami -Dade County School Board and the
8 participating Schools.
9 SECTION 5: ELECTION OF MAYOR/NOMINATION OF VICE -MAYOR
10 PARLIAMENTARIAN, AND CLERK
11 The Student Council member with the highest number of votes shall serve as the
12 Mayor. At the annual organization meeting, the Student Council shall select a Vice -Mayor,
13 Clerk and Parliamentarian from amongst the Student Council members. The Mayor shall
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serve as the presiding officer for all meetings,
and the Vice -Mayor shall serve
in that
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capacity in the Mayor's absence. The Mayor
shall be entitled to participate
in all
16 discussions, but shall not be entitled to vote except in the case of a tie vote. The Clerk
17 shall be responsible for keeping and preparing minutes of all meetings and agenda. The
18 Parliamentarian shall be responsible for ensuring that the Robert's Rules of Order are
Paae 3
Ordinance No. 06
1 complied with.
2 SECTION 6. TERMS OF OFFICE: The terms of all Student Council
3 Members shall commence upon confirmation of the election results by the City Clerk or
4 selection by the Student Council. Once elected, the Members of the Student Council
5 shall serve a one-year term, unless a member is removed as provided for in Section 7.
6 SECTION 7. REMOVAL/RESIGNATION: Student Council Members may be
7 removed by the City Manager for cause. Upon the removal or resignation of a member
8 whose term is not expired, the City Mayor and Council shall select a member to serve out
9 the remaining term of the member that has been removed. Such member shall be from
10 the same school as the Student Council member who resigned or was removed.
11 SECTION 8. PARENTAL CONSENT/APPLICATION: Each Student Council
12 Member shall as a perquisite for serving, take an Oath of Office and complete an
13 application and parental consent form.
14 SECTION 9. ATTENDANCE: Any Student Council Member, who fails to
15 attend two (2) consecutive regular meetings of Student Council, without being excused
16 by the Student Council Mayor, shall be subject to removal by the City Manager. The
17 Student Council Mayor may excuse members from attendance for the following
18 reasons: school or work conflict, personal or family illness or death. The Student
Page 4
Ordinance No. 06
1 Council Mayor shall not excuse any member for more than three (3) meetings in any
2 calendar year.
3 SECTION 10. BYLAWS, RULES AND REGULATIONS: Robert's Rules of
4 Order shall govern all meetings of committees and non -statutory boards.
5 SECTION 11. MEETINGS: At the annual organizational meeting, or as soon as
6 practicable thereafter, a regular meeting date, location and time, shall be established for
7 the Student Council. Minutes and records shall be kept of all meetings, and all meetings
8 shall be public.
9 SECTION 12. QUORUM: The presence of a majority of the Student Council shall
10 constitute a quorum.
11 SECTION 13. REPORTING: The Student Council shall make recommendations
12 to the City Council by written memoranda, on the first day of October, January, March,
13 and June of each year, or more frequently as deemed necessary by the City Council.
14 The Student Council should make every effort to attend the meetings of the City
15 Council where the recommendations and/or written memoranda of the Student Council
16 are to be presented and considered. SECTION 14. DUTIES AND
17 RESPONSIBILITIES: The Student Council shall have the Following duties and
18 responsibilities:
Paqe 5
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Ordinance No. 06
1. To develop and adopt, by majority vote, a Student Youth Charter.
2. To carry out the purposes of the Youth City Government as outlined in the
Charter.
3. To keep the Mayor and City Council informed of the issues that affect the City's
youth.
4. To give advice to the City Manager and the City Council with respect to issues
that affect the City of Miami Gardens' youth.
5. To recommend social, educational, cultural and recreational activities for youth
and to assist with the implementation of those activities at the direction of the
City Manager or City Council.
6. To work with the Manager and City Council on providing service and leadership
opportunities for the youth of the City.
17 SECTION 15. CONFLICT: All ordinances or Code provisions in conflict
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herewith are hereby repealed.
SECTION 16. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 17. INCLUSION IN CODE: It is the intention of the City Council of the
City of Miami Gardens that the provisions of this Ordinance shall become and be made a
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Ordinance No. 06
part of the Code of Ordinances of the City of Miami Gardens and that the sections of this
Ordinance may be renumbered or relettered and the word "Ordinance" may be changed
to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of
which shall accomplish the intentions herein expressed; provided, however, that Section 1
hereof or the provisions contemplated thereby shall not be codified.
SECTION 18. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage
PASSED ON FIRST READING IN FULL ON THE DAY OF
, 20
PASSED ON SECOND READING BY TITLE ONLY THE DAY OF
, 20
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF
, 20
SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA K. DICKENS, ESQ.
City Attorney
SPONSORED BY: Councilwoman Sharon Pritchett and Councilman Melvin L. Bratton
MOVED BY:
VOTE:
Paqe 7
Ordinance No. 06
1
Mayor Shirley Gibson
(Yes)
(No)
2
Vice Mayor Oscar Braynon, II
(Yes)
(No)
3
Councilman Melvin L. Bratton
(Yes)
(No)
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Councilman Aaron Campbell
(Yes)
(No)
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Councilman Ulysses Harvard
(Yes)
(No)
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Councilwoman Sharon Pritchett
(Yes)
(No)
7
Councilwoman Barbara Watson
(Yes)
(No)
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109473_1.DOC
11
Paqe 8
1515-200 NW 1671b Street
Miami Gardens, Florida 33169
City of Wiami Gardens
Mayor Shirley Gibson
Vice Mayor Aaron Campbell
Councilman Melvin L. Bratton
Councilman Oscar Braynon II
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
To: Mayor and City Council
From: Dr. Danny O. Crew
City Manager
Date: July 7, 2006
Re: FY 04-05 Audit
The City has received its long awaited FY 04-05 Annual Audit.
The audit contains no surprises and is considered a `clean' audit without any material findings. The
General Fund fund balance at year end is approximately $2,681,219 (less $500,000 that needs to be
moved into the Capital Project Fund), up considerably from the prior year's balance of $1,362,037. It is
very heartening that our efforts to build a reserve have yielded so much in such a short time.
RECOMMENDATION: That the City Council approve the attached resolution accepting the FY 04-05
audit.
J-1) CONSENT AGENDA
I RESOLUTION
FISCAL YEAR AUDIT
REPORT
1 RESOLUTION No. 2006-
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
4 GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2005 AUDIT
5 REPORT FROM THE CITY'S AUDITORS, RACHLIN COHEN & HOLTZ,
6 LLP, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A";
7 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
8 PROVIDING AN EFFECTIVE DATE.
9
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11 WHEREAS, Rachlin Cohen & Holtz serves as the City's Auditor, and
12 WHEREAS, Rachlin Cohen & Holtz has prepared an Audit Report for Fiscal Year
13 2005, a copy of which is attached hereto as Exhibit "A," and
14 WHEREAS, the City Council would like to accept the Audit Report,
15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
16 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
17 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
18 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
19 made a specific part of this Resolution.
20 Section 2. ACCEPTANCE OF AUDIT: The City Council for the City of Miami
21 Gardens, hereby accepts the Audit Report for Fiscal Year 2005, prepared by Rachlin
22 Cohen & Holtz, a copy of which is attached hereto as Exhibit "A,"
23 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
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upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006.
SHIRLEY GIBSON, MAYOR
ATTEST:
KUNE I I A TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson
Vice Mayor Oscar Braynon, II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Page 2
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
_(Yes)
(No)
_(Yes)
(No)
_(Yes)
(No)
_(Yes)
(No)
108877_2.DOC
Page 3
Rachimin$rlt�
$
' Accountants - Advisors
CITY OF MIAMI GARDENS, FLORIDA
BASIC FINANCIAL STATEMENTS
SEPTEMBER 30, 2005
Prepared by:
THE FINANCE DEPARTMENT
CITY OF MIAMI GARDENS, FLORIDA
BASIC FINANCIAL STATEMENTS
SEPTEMBER 30, 2005
TABLE OF CONTENTS
I. INTRODUCTORY SECTION
City Officials
II. FINANCIAL SECTION
PAGE
i
REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS 1-2
MANAGEMENT'S DISCUSSION AND ANALYSIS (Required Supplementary Information) 3-9
BASIC FINANCIAL STATEMENTS:
Government -wide Financial Statements
Statement of Net Assets 10
Statement of Activities 11
Fund Financial Statements:
Balance Sheet — Governmental Funds 12
Statement of Revenues, Expenditures and Changes in Fund Balances —
Governmental Funds 13
Reconciliation of the Statement of Revenues, Expenditures and Changes in
Fund Balances of Governmental Funds to the Statement of Activities 14
Notes to Basic Financial Statements
15-26
REQUIRED SUPPLEMENTARY INFORMATION (OTHER THAN MD&A)
Budgetary Comparison Schedule — General Fund 27
Note to Budgetary Comparison Schedule 28
III. COMPLIANCE SECTION
Report of Independent Certified Public Accountants on Internal Control over Financial
Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 29-30
Management Letter in Accordance with the Rules of the Auditor General of the
State of Florida 31-32
Schedule of Findings 33-34
INTRODUCTORY SECTION
CITY OF MIAMI GARDENS, FLORIDA
CITY OFFICIALS
SEPTEMBER 30, 2005
CITY COUNCIL
Shirley Gibson, Mayor
Oscar Braynon, II, Vice Mayor
Aaron Campbell, Jr., Council Member
Barbara Watson, Council Member
Melvin L. Bratton, Council Member
Sharon Pritchett, Council Member
Ulysses Harvard, Council Member
CITY MANAGER
Dr. Danny O. Crew
CITY CLERK
Ronetta Taylor, CMC
CITY ATTORNEY
Sonja K. Knighton Dickens
Arrnstein and Lehr, LLP
FINANCE DIRECTOR
Christopher Wallace, New Community Strategies
CITY AUDITORS
Rachlin Cohen & Holtz LLP
Accountants • Advisors
FINANCIAL SECTION
REPORT OF INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANTS
OAZI
Accountants Advisors
REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS
Honorable Mayor, City Council and City Manager
City of Miami Gardens, Florida
We have audited the accompanying financial statements of the governmental activities and each major
fund of the City of Miami Gardens, Florida (the City) as of and for the year ended September 30, 2005,
which collectively comprise the City's basic financial statements as listed in the table of contents. These
financial statements are the responsibility of the City's management. Our responsibility is to express
opinions on these financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United States
and the standards applicable to financial audits contained in Government Auditing Standards, issued by
the Comptroller General of the United States. Those standards require that we plan and perform the audit
to obtain reasonable assurance about whether the financial statements are free of material misstatement.
An audit includes consideration of internal control over financial reporting as a basis for designing audit
procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on
the effectiveness of the City's internal control over financial reporting. Accordingly, we express no such
opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and
disclosures in the financial statements, assessing the accounting principles used and significant estimates
made by management, as well as evaluating the overall financial statement presentation. We believe that
our audit provides a reasonable basis for our opinions.
In our opinion, the financial statements referred to above present fairly, in all material respects, the
respective financial position of the governmental activities and each major fund of the City of Miami
Gardens, Florida as of September 30, 2005 and the respective changes in financial position, thereof for
the year then ended, in conformity with accounting principles generally accepted in the United States.
In accordance with Government Auditing Standards, we have also issued a report dated June 19, 2006 on
our consideration of the City's internal control over financial reporting and our tests of its compliance
with certain provisions of laws, regulations, contracts, grant agreements and other matters. The purpose
of that report is to describe the scope of our testing of internal control over financial reporting and
compliance and the results of that testing, and not to provide an opinion on the internal control over
financial reporting or on compliance. That report is an integral part of an audit performed in accordance
with Government Auditing Standards and should be read in conjunction with this report in considering
the results of our audit.
Rachlin Cohen & Holtz LLP
One Southeast Third Avenue ■ Tenth Floor ■ Miami, Florida 33131 ■ Phone 305.377.4228 ■ Fax 305.377.8331 ■ www.rachlin.com
An Independent Member of Baker Tilly International
M I A M I ■ F 0 R T L A U D E R D A L E ■ W E S T P A L M B E A C H ■ S T U A R T
Honorable Mayor, City Council and City Manager
City of Miami Gardens, Florida
Page Two
Management's Discussion and Analysis and the budgetary comparison information on pages 3 through 9
and pages 27 through 28, respectively, are not a required part of the basic financial statements but are
supplementary information required by the accounting principles generally accepted in the United States.
We have applied certain limited procedures, which consisted principally of inquiries of management
regarding the methods of measurement and presentation of the required supplementary information.
However, we did not audit the information and express no opinion on it.
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively
comprise the City's basic financial statements. The introductory section has not been subjected to the
auditing procedures applied in the audit of the basic financial statements and, accordingly, we express no
opinion thereon.
Miami, Florida
June 19, 2006
-2-
Cohen
Holtz
Accountants Advisors
MANAGEMENT'S DISCUSSION AND ANALYSIS
(MD&A)
Management's Discussion and Analysis
The City of Miami Gardens, Florida, (the "City") discussion and analysis is designed to (a) assist the
reader in focusing on significant financial issues, (b) provide an overview of the City's financial
activity, (c) identify changes in the City's financial position (its ability to address the next and
subsequent year challenges), (d) identify any material deviations from the financial plan (the approved
budget), and (e) identify individual fiend issues or concerns.
Since the Management's Discussion and Analysis (MD&A) is designed to focus on the current year's
activities, resulting changes and currently known facts, please read it in conjunction with the City's
financial statements (beginning on page 10).
The City was incorporated May 13, 2003, under the Charter and Laws of Miami -Dade County (the
"County"), and is the County's third largest municipality, behind Miami and Hialeah. The County
must approve all new incorporations and annexations. The County also largely determines the
framework, service provisions or service denials, continuing obligations, and powers and duties of the
City. Florida Law determines the City and the County's fiscal years. The fiscal year begins October 1St
of each year and ends September 30"' of the next year. Some of the conditions of the incorporation of
the City included an understanding that the City and the County would operate under an interim
interlocal agreement for the partial fiscal year and a transitional interlocal agreement that would cover
the period of time beginning October 1, 2003, and ending at an agreed to time in the future, at which
point the City would have taken over the provision of certain services from the County. The
transitional agreement would contemplate a timeframe that would permit an orderly transfer of
services. This agreement would also provide for the transition and accounting of revenues and
expenditures that the County and City would negotiate. Both the interim and transitional agreements
were not completed until September 2004. At that time, the City and County agreed to certain terms
and conditions that would detail the rights and obligations of both parties. The City did not have a
position of strength during these negotiations and some of the terms and conditions have an adverse
impact upon the City.
This financial statement reflects the first year that the City operated under a budget of its creation and
direct control. It marks the first time that the City was in control of its destiny, to the extent the
interlocal agreements with Miami Dade County allow.
Financial Highlights
The City finished its fiscal year with Net Assets of $15,352,021, and increase of $4,964,214 over the
restated FY2004 Net Assets of $10,387,807, an increase of 47.8% from the previous year. Of that
amount, $12,669,182 is invested in capital assets while the unrestricted portion grew to $2,682,839, up
from the previous year's amount, as adjusted, of $1,362,037, an increase of nearly 100%.
In the previous fiscal year, the City had settled certain outstanding issues with Miami -Dade County.
The results of that settlement had reduced the City's available reserves significantly. However,
FY2005 provided a good first step in increasing the City's financial position. The City's unreserved
fiend balance now stands at about 8% of General Fund expenditures, or about one months operating
-3-
expenses. The City's financial plan forecasts this to grow in each of the next 5 years with a goal of
maintaining an unreserved fund balance of about 25% of recurring operating expenditures.
The City has implemented its own local ordinances that provided for the levy and collection of various
taxes, licenses, permits, fees, and charges for services. However, because the County issued debt when
the area that is currently incorporated was under its control, and because that debt pledged the revenues
to which the City would ordinarily be entitled, the City receives only the difference between the tax
levied and the amount deducted for its presumed share of debt service payments. This practice results
in delay and difficulty in receipting and reporting both the revenues for the utility services taxes and the
expenditures related to the debt service. While the City has the option of prepaying its share of
outstanding debt, it is not at this time financially practical to do so. Moreover, the County at any point
in time has difficulty attributing the amount of debt outstanding to Miami Gardens. Consequently, debt
that is owed by the County is not recorded on the City's financial records, though the City will not
receive the revenues that will repay that debt. An estimated range of $15,000,000 to $20,000,000 of
outstanding debt is likely. The remaining term of the indebtedness is approximately 15 years. The
City can prepay the debt at any time.
The City utilized two new special revenue funds in FY2005: the Development Services Fund and the
Impact Fee Fund. Both of these funds are being utilized to isolate their activities from the City's
General Fund, as the revenues generated in these funds are restricted to purpose. The City does
generate nominal administrative fees from the Development Services fund to recover the cost of
services provided in support of those activities. The Development Services fund ended the year with
$952,040 in reserved fund balances, while the Impact Fee Fund had $735,562 in reserved fund balance.
The activity in the City's Development Services Fund indicates that the City's tax base can expect
decent growth in the near future, as new developments come into the City.
The City did not have any business -type activities for FY2005.
The City's borrowed $8.2 million in FY2005. Of that amount, $7.5 million is to be used for the
acquisition of purpose of financing a portion of the costs of purchasing and renovating existing
buildings and constricting new public facilities, purchasing land for, and financing architectural,
engineering, environmental, legal, and other planning costs related thereto for, the sites of City Hall,
Public Works Department facilities and other public facilities, widening roads and making other road
improvements, and paying the costs of issuance of the bonds. As of year-end, the City had not used
any of the proceeds and the unspent amounts are legally reserved at year-end in the City's General
Fund.
The City also entered into a $2.5 million credit facility, of which $700,000 had been drawn down. The
City is using the credit facility to finance its equipment needs over the next 5 years.
Fiscal Year 2005 will be noted as the first major expansion of the City's services. The City hired over
150 employees during the year, providing personnel for administrative tasks, code enforcement,
building inspectors, school crossing guards, public works, parks and recreation, planning and zoning,
and other services generally provided by Florida municipalities. The City still contracts with Miami
Dade County for law enforcement services, but may consider bringing this service in-house sometime
after FY2007.
-4-
City Achievements
The City expanded the breadth and depth of services it provides to its residents and businesses.
Expansion of the City's offices was undertaken and additional personnel were hired. Beautification
efforts, including landscaping, debris removal, code enforcement, and signage, improved the City's
appearance and provided support for community pride. New developments began to appear, as the
City's reputation for encouraging new development spread in the building community. Parks programs
were introduced and roadway resurfacing and rehabilitations were begun.
The City's financial condition improved as the City adopted its first budget and levied its first property
taxes for which it was solely responsible. The City controlled its expenditures and enjoyed greater
revenue than it had anticipated, bolstering its reserves and proving once and for all that it is a very
financially viable municipality.
The City began its long-term planning efforts by taking the first steps to adopting its Comprehensive
Plan and setting the stage for future redevelopment.
Most importantly, the City adopted its first true budget and levied its first property tax for FY2005.
The new tax rate, though slightly higher than the rate paid when the area was unincorporated, is still
one of the lowest in Miami -Dade County. The City Commission set the direction and tone for the
City's future and the City made significant progress in adding personnel to deliver the many different'
services the City will provide.
Overview of the Financial Statements
The financial statement focus is on both the City as a whole (government -wide) and on the major
individual funds. Both perspectives (government -wide and major fiord) allow the user to assess the
particulars of the City's financial operations and also provide for annual comparisons of the City's
financial performance. The statements can also facilitate comparisons with other units of government.
Comparative Financial Statement Information
The City has chosen to not present comparative financial statement information for FY2004 and
FY2005 because it believes that providing such information would be at best meaningless and at worse
misleading. The first two fiscal years since the City's inception had been marked by financial
transactions that do not truly reflect the activity of the City. Rather, those years are noted for the
manner in which the City was incorporated and the fact that key agreements between the City and the
County were not completed until the very end of the second fiscal year. Comparing FY2005 to
FY2004 would not provide the readers of these statements any meaningful information. It is expected
that the FY2006 financial statements will include the first relevant comparative information.
Government -wide Financial Statements
The Government -wide Financial statements (see pages 10 to 11) are designed to be corporate -like in
that all governmental and business -type activities (though the City as yet does not operate any business -
type activities) are consolidated into columns that add up to a total for the Primary Government. The
focus of the Statement of Net Assets (the "Unrestricted Net Assets") is designed to be similar to bottom
line results for the City and its governmental and business -type activities. This statement combines and
-5-
consolidates government funds' current financial resources (short-term spendable resources) with
capital assets and long-term obligations.
The Statement of Activities (see page 11) is focused on both the gross and net cost of various activities
(including governmental, including component units and business -type), which are supported by the
City's taxes and other revenues. This is intended to summarize and simplify the user's analysis of the
cost of various governmental services and/or subsidy to various business -type activities and/or
components.
Fund Financial Statements
Traditional users of government financial statements will find the Fund Financial Statement
presentations more familiar. The focus in those statements is on Major Funds.
The City's Major Fund (see pages 12 to 13) presentation is presented on a sources and uses of liquid
resources basis. This is the manner in which the financial plan (the budget) is typically developed.
The flow and availability of liquid resources is a clear and appropriate focus of any analysis of a
government. Funds are established for various purposes and the Fund Financial Statements allow the
demonstration of sources and uses and/or budgeting compliance associated therewith (beginning on
page 12). During FY2004, the City had only two funds: the General Fund and the Transportation
Fund, both considered Major Funds. This structure changed for FY2005 to include the Development
Services Fund and the Impact Fee Fund. Internal Service Funds were added during the FY2006 budget
process and will be presented in future years' financial statements. The Government Major Funds
Total column requires reconciliation because of the different measurement focus (current financial
resources versus total economic resources) that is reflected on the page following each statement (see
page 14). The flow of current financial resources will reflect interfund transfers and other financial
sources, as well as capital expenditures. The reconciliation will eliminate these transactions and
incorporate the capital asset and long-term obligations into the Government Activities column (in the
Government -wide statements).
Infrastructure Assets
Historically, a government's largest group of assets (infrastructure — buildings, roads, curbs, sidewalks)
have not been reported nor depreciated in government financial statements. New pronouncements in
Governmental Accounting require that these assets be valued and reported within the Government
column of the Government -wide Statements. The City received a significant amount of streets and
rights-of-way at the same time from the County, but the value of those assets had not yet been
determined. During FY2005, the City added $685,001 in infrastructure assets. All of that addition
came in the form of roadway improvements. The City also added $1,352,696 in general fixed assets,
almost entirely from equipment and parks improvements.
GOVERNMENT -WIDE STATEMENTS
Statement of Net Assets
The largest portion of the City's net assets, excluding capital assets, is Cash and Investments, and
totaled $11,388,239. Of that amount, $7.5 million was restricted bond proceeds that must be used for
the purposed described above.
-6-
The City's Capital Assets, net of related debt, totaled $12,669,182, most of it ($9,480,787) in the form
of non -depreciable assets such as land and infrastructure. The City also had $11,551,302 in long-term
liabilities.
The Unrestricted Net Asset balance of $2,682,839 is intended to be a corporate -style measurement of
well being (or a bottom line) for the City and its related governmental and business -type activities. This
is an improvement over the negative net assets of ($1,157,519) existing at the end of FY2004. This is a
remarkable swing considering the circumstances of the City's creation and the short period of time
within which it has operated.
Conditions and Impacts That Can Affect The City's Financial Operations
Many factors and conditions can influence the current and long-term finances of the City:
Conditions of Incorporation. Miami -Dade County enjoys powers vested to it by Florida's Constitution.
Miami -Dade County was created as a consolidated form of government wherein the County was to
provide municipal services in addition to those services traditionally provided by Florida counties. In
the creation or dissolution of municipal charters, the County acts in the capacity normally exercised by
the State. The County has the ability to create and dissolve most municipalities located within its
boundaries. In the creation of any municipality, the County likewise can burden the City with
conditions that may be onerous or uncompetitive. In the creation of the City's Charter, the County has
required the City to continue to pay for specialized police services in perpetuity under a formula
determined by the County. Because this formula is applied against a budget adopted by the County, the
City essentially has little control over this cost. The City is also required to utilize the County's police
services for the next few years and the cost of this service is likewise largely outside of the City's
control. The City cannot provide other services such as utilities and the City must rely upon other
entities for their availability. Some of these services, such as water and sewer, may affect the City's
ability to attract development and redevelopment. The County also receives much of the City's utility
service taxes directly since they were previously pledged to debt issued by the County. The County
deducts what it feels is the City's portion of its debt service payments and then remits the net amount to
the City. This delay adversely affects the City's cash flow. The City may be required to delay payment
to the County for its police services contract until such time that the County can remit to the City the
balance of its utility service taxes.
Limits On Tax Base Growth. Under Florida's Constitution, residential properties that are owner -
occupied and have a homestead exemption are limited to annual assessment increases of 3% or less.
The effect of this limitation burdens the City's tax base by exempting from taxation large portions of
residential properties. The South Florida housing market has experienced substantial increases in the
value of residential properties. The City, as well as other taxing authorities, cannot capture this
increase in the tax base. Typically, municipalities in the South Florida market experience increases in
annual expenditures well in excess of this 3% cap. Consequently, the City will be challenged to
diversify its tax base while keeping its expenditures under control. The City has the ability to tax
property up to 10 mills, or $1 for each $1,000 of taxable value. It is not anticipated that the City will
reach that tax rate cap anytime soon. Management expects that most of its tax rate capacity will be
unused for several years. It has also become apparent that since the City incorporated, developers have
found the location desirable and have sought development rights to some of the remaining vacant land.
The City will benefit from new development.
-7-
Economic Conditions. The City iS located in South Florida. Demand for residential and commercial
property has been very strong for several years. Demand for housing has increased substantially and
this trend is expected to continue for some time. The City is largely built -out, but there is a fair amount
of vacant land left for development. Additionally, the City will likely face redevelopment
opportunities that could positively impact the City's long-term financial outlook. The City is
strategically located between the Miami and Fort Lauderdale markets and is at the crossroads of the
areas major trafficways. Tempering this potential, however, is the problem of providing affordable
housing to families in a real estate market that has been and will continue to experience double-digit
annual increases. A large portion of the City's housing stock was constructed over 30 years ago. The
area has been largely neglected over the years and the City expects to spend considerable effort and
money in improving community conditions. This should help the City's tax base.
Introduction of New Programs. One of the impetuses for creating the City was the dearth of responsive
services in the Community. Code enforcement and recreational opportunities have been particular
areas of local concern and it is almost certain that the City will quickly expand its service delivery to its
residents and businesses. The City will be tasked with maintaining its low tax rate while controlling
the cost of delivering these services. During FY2005 the City greatly expanded its level of services and
continued expanding them during FY2006. This increases the City's fixed costs of operations.
Personnel Costs. The cost of attracting and keeping experienced and competent personnel in South
Florida has dramatically increased over the last two decades. The City will have to compete with the
roughly 90 municipalities that exist in Miami -Dade, Broward, and Palm Beach counties. The level and
amount of benefits offered to employees in this market is substantial and the employer contributions
for these benefits are typically very high. As the City expands its services, it will face continual
pressure on these costs. Costs for insurance and retirement are expected to continue to climb. Were
the City to provide law enforcement services, the pressure on personnel costs can be expected to be
even greater.
Inflation. While overall inflation appears to be reasonably modest, the City is and will be exposed to
certain costs that historically been much higher than the consumer price index typically used to
measure inflation. Chief among these costs are insurances and wages. Reduced inflation rates
generally mirror reduced interest rates. Currently, investment options available to the City pay very
little investment income.
THE CITY FUNDS
Governmental Funds
As of the year-end, the Governmental Funds (as presented on the balance sheet) reported a combined
fund balance of $14.2 million ($6.7 million, excluding borrowed funds), up from FY2004's $2.4
million. This nearly tripled the overall fund balance in the Governmental Funds.
Business -type Funds
Currently, the City does not have any Business -type funds.
N
CAPITAL ASSETS AND DEBT ADMINISTRATION
Capital Assets
As of year-end, the City had approximately $12,669,182 in Capital Assets, tip from the FY2004
amount of $10,741,394, demonstrating the City's initial resolve to improvements within the
community.
Debt
The City owes Miami -Dade County certain amounts as a result of an interlocal agreement entered into
with the County in FY2004. Additionally, the City issued $7.5 million in special revenue debt to
finance a portion of the costs of purchasing and renovating existing buildings and constructing new
public facilities, purchasing land for, and financing architectural, engineering, environmental, legal,
and other planning costs related thereto for, the sites of City Hall, Public Works Department facilities
and other public facilities, widening roads and making other road improvements, and paying the costs
of issuance of the bonds. At year-end, the City had not yet used any of the proceeds .from this issue.
The City also issued $2.5 million in additional special revenue debt for the purpose of financing its
equipment needs for 5 years.
The table below summarizes the activity of the City's long-term obligations for the year:
_ Governmental Activities
Obligation:
Due to Miami -Dade County
Series 2005 Land Acquisition Revenue Bonds
Series 2005 Equipment Revenue Bond
Total obligations
Other liabilities:
Compensated absences
Total other liabilities
Governmental activities long-term liabilities
Beginning
Balance Additions Reductions
$ 3,518,300 $ - $ 351,830
- 7,500,000 -
- 700,000 -
3,518,300 8,200,000 351,830
Ending Due Within
Balance One Year
$ 3,166,470
7,500,000
700,000
11,366,470
53,287 131,545 - 184,832
53,287 131,545 - 184,832
$ 351,830
309,653
661,483
$3,571,587 $8,331,545 $ 351,830 $11,551,302 $ 661,483
FINANCIAL INFORMATION CONTACTS
The City's financial statements are designed to present users (citizens, taxpayers, customers, investors
and creditors) with a general overview of the City's finances and to demonstrate the City's
accountability. If you have any questions about the report or need additional financial information,
contact the City's Finance Director, Christopher Wallace, at 305-622-8000, or at the City of Miami
Gardens Finance Department, 1515 N.W. 167"' Street, Miami Gardens, Florida 33169.
-9-
BASIC FINANCIAL STATEMENTS
CITY OF MIAMI GARDENS, FLORIDA
STATEMENT OF NET ASSETS
SEPTEMBER 30, 2005
Governmental
Activities
ASSETS
$ 11,388,239
Cash 1,747,716
Receivables, net 1,867,195
Due from other governments 9,480,787
Capital assets not being depreciated 3,188,395
Capital assets being depreciated, net
27,672,332
Total assets
LIABILITIES
552,052
Accounts payable and accrued expenses
82,509
Retainage payable
1,448
Due to other governments
133,000
Security deposits
Noncurrent liabilities:
661,483
Due within one year
10,889,819
Due in more than one year
12,320,311
Total liabilities
NET ASSETS 12,669,182
Invested in capital assets 2,682,839
Unrestricted
$ 15,352,021
Total net assets
See notes to basicfinancial statements.
-10-
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CITY OF MIAMI GARDENS, FLORIDA
BALANCESHEET
GOVERNMENTAL FUNDS
SEPTEMBER 30, 2005
ASSETS
Cash
Accounts receivables, net
Due from other funds
Due from other governments
Total assets
LIABILITIES AND FUND BALANCES
Liabilities:
Accounts payable and accrued expenses
Retainage payable
Due to other funds
Due to other governments
Security deposits
Total liabilities
Fund balances:
Reserved
Unreserved, undesignated reported in:
General fund
Total fund balances
Total liabilities and fund balances
Total
Development Impact Governmental
General Transportation Services Fees Funds
$ 11,388,239 $ - $ - $ - $ 11,388,239
1,747,716 - - - 1,747,716
- 2,535,044 952,382 544,563 4,031,989
1,676,196 - - 190,999 1,867,195
$ 14,812,151 $ 2,535,044 $ 952,382 $ 735,562 $ 19,035,139
$ 381,986 $ 169,724 $
82,509 -
4,031,989 -
1,448 -
133,000 -
4,630,932 169,724
7,500,000 2,365,320
342 $ - $ 552,052
- - 82,509
- - 4,031,989
- - 1,448
- - 133,000
342 - 4,800,998
952,040 735,562 11,552,922
2,681,219 - - - 2,681,219
10,181,219 2,365,320 952,040 735,562 14,234,141
$ 14,812,151 $ 2,535,044 $ 952,382 $ 735,562
Amounts reported for governmental activities in the statement of
net assets are different because:
Capital assets used in governmental activities are not financial
resources and, therefore, are not reported in the funds.
Long-term liabilities are not due and payable in the current
period and therefore not reported in the funds (see Note 2)
Net assets of governmental activities
See notes to basic financial statements.
-12-
12,669,182
(11,551,302)
$ 15,352,021
CITY OF MIAMI GARDENS, FLORIDA
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES
GOVERNMENTAL FUNDS
YEAR ENDED SEPTEMBER 30, 2005
Revenues:
Property taxes
Utility taxes
Intergovernmental
Charges for services
Licenses and permits
Impact fees
Fines and forfeitures
Franchise fees
Grant revenue
Other income
Interest
Total revenues
Expenditures:
Current:
General government:
Public safety
Public works
Parks and recreation
Code enforcement
Non -departmental
Capital outlay
Debt service:
Principal
Interest and fiscal charges
Total expenditures
Excess of revenues over expenditures
Other financing sources:
Debt issued
Total other financing sources
Net change in fund balances
Fund balances, beginning, as previously stated
Prior period adjustment (see Note 11)
Fund balances, beginning, as restated
Fund balances, ending
8,200,000 - -
8,200,000 - -
8,819,182 509,356 952,040
558,105 1,855,964 -
803,932 - -
8,200,000
- 8,200,000
735,562 11,016,140
- 2,414,069
803,932
1,362,037 1,855,964 - - 3,218,041
$ 10,181,219 $ 2,365,320 $ 952,040 $ 735,562 $ 14,234,141
See notes to basic financial statements.
-13-
Total
Development
Impact
Governmental
General
Transportation
Services
Fees
Funds
$ 9,951,395
$ -
$ -
$ -
$ 9,951,395
7,856,762
-
-
-
7,856,762
10,192,682
3,327,330
-
-
13,520,012
672,850
-
-
-
672,850
1,181,350
-
2,206,863
-
3,388,213
-
-
-
734,480
734,480
552,216
-
-
-
552,216
3,417,357
-
-
-
3,417,357
11,047
-
-
-
11,047
27,707
17,911
-
-
45,618
236,486
-
-
1,082
237,568
34,099,852
3,345,241
2,206,863
735,562
40,387,518
1,655,849
1,418,696
1,207,618
-
4,282,163
25,540,194
-
-
-
25,540,194
2,158
-
-
-
2,158
3,058,739
-
-
-
3,058,739
567,201
-
-
-
567,201
1,559,023
-
-
-
1,559,023
845,437
1,241,274
47,205
-
2,133,916
175,915
175,915
-
-
351,830
76,154
-
-
-
76,154
33,480,670
2,835,885
1,254,823
-
37,571,378
619,182
509,356
952,040
735,562
2,816,140
8,200,000 - -
8,200,000 - -
8,819,182 509,356 952,040
558,105 1,855,964 -
803,932 - -
8,200,000
- 8,200,000
735,562 11,016,140
- 2,414,069
803,932
1,362,037 1,855,964 - - 3,218,041
$ 10,181,219 $ 2,365,320 $ 952,040 $ 735,562 $ 14,234,141
See notes to basic financial statements.
-13-
CITY OF MIAMI GARDENS, FLORIDA
RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES
FISCAL YEAR ENDED SEPTEMBER 30, 2005
Amounts reported for governmental activities in the statement of activities
(Page 11) are different because:
Net change in fund balances - total governmental funds (Page 13)
Governmental funds report capital outlays as expenditures. However, in the
statement of activities, the cost of those assets is allocated over their
estimated useful lives and reported as depreciation expense. This is the
amount by which capital outlays exceeded depreciation in the current period.
The details of the difference are as follows:
Capital outlay $ 2,037,698
Depreciation expense (109,909)
Net adjustment
The issuance of long-term debt provides current financial resources to
governmental funds, while the repayment of the principal of long-term debt
consumes the current financial resources of governmental fiords.
The detail of the differences are as follows:
Debt payments 351,830
(8,200,000)
2005 revenue bonds issued
Net adjustment
Some expenses reported in the statement of activities do not require the use of
current financial resources and therefore are not reported as expenditures
in governmental fiends:
The details of the difference are as follows:
Compensated absences
Change in net assets of governmental activities (Page 11)
-14-
$ 11,016,140
1,927,789
(7,848,170)
(131,545)
$ 4,964,214
NOTES TO BASIC FINANCIAL STATEMENTS
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
SEPTEMBER 30, 2005
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Miami Gardens, Florida ("the City"), located in Miami -Dade County, Florida, is a
municipal corporation in the State of Florida. The City, which was incorporated on May 13,
2003, by Miami -Dade County ("the County"), operates under a Council/Manager form of
government. In addition to the general government function, the City provides its residents and
businesses with police, parks and recreation, public works, and development (building, planning
and zoning, code enforcement) services. The City operated under a tentative transition
agreement with the County for this inception accounting period ended September 30, 2003.
During the transition period, the City provided legislative and executive functions and the
County continued to provide the municipal services that had existed and been provided by the
County under its Unincorporated Municipal Service Area ("UMSA") budget. The transition was
finalized in September 2004.
The financial statements of the City have been prepared in conformity with accounting principles
generally accepted in the United States (GAAP) as applied to governmental units. The
Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for
establishing governmental accounting and financial reporting principles. The more significant of
the City's accounting policies are described below:
A. Financial Reporting Entity
The financial statements were prepared in accordance with government accounting standards
which establishes standards for defining and reporting on the financial reporting entity. The
definition of the financial reporting entity is based upon the concept that elected officials are
accountable to their constituents for their actions. One of the objectives of financial reporting
is to provide users of financial statements with a basis for assessing the accountability of the
elected officials. The financial reporting entity consists of the City, organizations for which
the City is financially accountable, and other organizations for which the nature and
significance of their relationship with the City are such that exclusion would cause the
reporting entity's financial statements to be misleading or incomplete. The City is financially
accountable for a component unit if it appoints a voting majority of the organization's
governing board and it is able to impose it will on that organization or there is a potential for
the organization to provide specific financial benefits to, or impose specific financial burdens
on, the City. Based upon the application of these criteria, there were no organizations that
met the criteria described above.
B. Government -Wide and Fund Financial Statements
The government -wide financial statements (i.e., the Statement of Net Assets and the
Statement of Activities) report information on all of the non -fiduciary activities of the City.
For the most part, the effect of interfimd activity has been removed from these statements.
Governmental activities, which normally are supported by taxes and intergovernmental
revenues, are reported separately from business -type activities, which rely to a significant
extent on fees and charges for support. The City does not have any business -type activities.
-15-
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
B. Government -Wide and Fund Financial Statements (Continued)
The Statement of Activities demonstrates the degree to which the direct expenses of a given
function or segment are offset by program revenues. Direct Expenses are those that are
clearly identifiable with a specific function or segment. Program revenues include 1)
charges to customers or applicants who purchase, use, or directly benefit from goods,
services, or privileges provided by a given function or segment and 2) grants and
contributions that are restricted to meeting the operational or capital requirements of a
particular function or segment. Taxes and other items not properly included among program
revenues are reported instead as general revenues.
Separate financial statements are provided for governmental funds. Major individual
governmental funds are reported as separate columns in the fund financial statements.
C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation
The governmental -wide financial statements are reported using the economic resources
measurement focus and the accrual basis of accounting. Revenues are recorded when earned
and expenses are recorded when a liability is incurred, regardless of the timing of related
cash flows. Property taxes are recognized as revenues in the year for which they are levied.
Grants and similar items are recognized as revenue as soon as all eligibility requirements
imposed by the provider have been met.
Governmental fund financial statements are reported using the current financial resources
measurement focus and the modified accrual basis of accounting. Revenues are recognized
as soon as they are both measurable and available. Revenues are considered to be available
when they are collectible within the current period or soon enough thereafter to pay
liabilities of the current period. For this purpose the City considers revenues to be available
if they are collected within 90 days of the end of the current fiscal period. Expenditures are
recorded when a liability is incurred, as under accrual accounting.
Property taxes, franchise fees, and other taxes, licenses, and interest associated with the
current fiscal period are all considered to be susceptible to accrual and so have been
recognized as revenues of the current fiscal period. All other revenue items are considered to
be measurable and available only when cash is received by the City.
The City reports the following major governmental funds:
The General Fund is the City's primary operating fund. It accounts for all financial resources
of the general government, except those required to be accounting for in another fund.
The Transportation Fund is a Special Revenue Fund and accounts for the revenues
received from gas taxes and expenditures related to transportation efforts.
-16-
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation
(Continued)
The Development Services Fund is a Special Revenue Fund and accounts for the revenues
and expenditures related to the City's Planning and Zoning Department and its Building
Department.
This Impact Fees Fund is a Special Revenue Fund and accounts for impact fees assessed
on residential and non-residential new development. They are designated for the use of
Police protection and Parks.
As a general rule, the effect of interfund activity has been eliminated from the government -
wide financial statements.
Amounts reported as program revenues include 1) charges to customers or applicants for
goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital
grants and contributions. Internally dedicated resources are reported as general revenues
rather than as program revenues. Likewise, general revenues include all taxes.
When both restricted and unrestricted resources are available for use, it is the City's policy to
use restricted resources first, then unrestricted resources as they are needed.
D. Assets, Liabilities, and Net Assets or Equity
1. Deposits
The City's cash and cash equivalents include cash on hand, and time and demand
deposits.
2. Receivables and Payables
Activity between funds that are representative of lending/borrowing arrangements or
routine cash management practices, the net outstanding of which at the end of the year
are referred to as "due to/from other funds".
3. Capital Assets
Capital assets, which include property, plant and equipment, and certain infrastructure
assets (e.g., utility plant, roads, bridges, sidewalks, and similar items), are reported in
the applicable governmental columns in the government -wide financial statements.
Capital assets are defined by the City as assets with an initial, individual cost or
component of more than $25,000 and an estimated useful life in excess of three years.
Such assets are recorded at historical cost or estimated historical cost if purchased or
constructed. Donated capital assets are recorded at estimated fair market value at the
date of donation.
-17-
NOTE 1.
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
D. Assets, Liabilities, and Net Assets or Equity (Continued)
3. Capital Assets (Continued)
The costs of normal maintenance and repairs that do not add to the value of the asset or
materially extend assets lives are not capitalized.
Major outlays for capital assets and improvements are capitalized as projects are
constructed. Interest incurred during the construction phase of capital assets of business -
type activities is included as part of the capitalized value of the asset constructed. No such
costs were capitalized in 2005.
Capital assets of the City are depreciated using the straight-line method over the following
estimated useful lives:
Assets Years
Buildings 30
Improvements other than buildings 30
Furniture and equipment 3-15
4. Compensated Absences
It is the City's policy to permit employees to accumulate within certain limits, earned but
unused vacation time and sick leave, which will be paid to employees upon separation
from City service. All vacation and sick leave pay is accrued when incurred in the
government -wide financial statements. In the governmental funds, a liability is recorded
only for vacation and sick leave payouts for employee separations that occurred prior to
September 30, 2005 and were subsequently paid with current available financial resources.
5. Use of Estimates
The preparation of financial statements in conformity with accounting principles generally
accepted in the United States requires management to make estimates and assumptions that
affect the amounts of assets, liabilities, disclosures of contingent liabilities, revenues, and
expenditures/expenses reported in the financial statements and accompanying notes.
These estimates include assessing the collectibility of receivables and the useful lives of
capital assets. Although these estimates as well as all estimates are based on
management's knowledge of current events
they may ultimately differ with actual results.
6. Fund Equity
and actions it may undertake in the future,
In the fund financial statement, governmental funds report reservations of fund balance for
amounts that are not available for appropriation or legally restricted by outside parties for
use for a specific purpose.
Ell"
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)
D. Assets, Liabilities, and Net Assets or Equity (Continued)
7. Reservations of Fund Balance
Portions of the City's Fund Balances are legally reserved for particular purposes. The table
below identifies the reservations of fund balance and explains their purpose:
Fund
Balance
Fund Reserved Reason for reservation
General Fund
$ 7,500,000 Proceeds of long-term debt issued for the purpose of
acquiring certain assets.
Transportation Fund
2,365,320 Represents the cumulative excess of revenues over
expenditures in this fund. This fund balance can only be
used for transportation related purposes as described in
various enabling legislative acts.
Development Services Fund
952,040 Represents the cumulative excess of revenues over
expenditures in this fund. By law or court decision, this
fund balance can only be used for expenditures related to
development activities within the City.
Impact Fee Fund
735,562 Represents amounts paid by developers or property owners
to offset the capital impact to certain parks, recreation, or
law enforcement needs. This fund balance must be used for
the purposes for which the money was collected or returned
to the property owner.
NOTE 2. EXPLANATION OF CERTAIN DIFFERENCES BETWEEN THE GOVERNMENTAL
FUND BALANCE SHEET AND THE GOVERNMENT -WIDE STATEMENT OF NET ASSETS
The governmental fund balance sheet includes a reconciliation between fund balance — total
governmental funds and net assets — governmental activities as reported in the government -wide
statement of net assets. One element of that reconciliation explains that long-term liabilities are
not due and payable in the current period and therefore are not reported in the funds. The details
of this $11,551,302 difference are as follows:
Notes payable
Obligation Due to Miami -Dade County
Compensated absences
-19-
$ 8,200,000
3,166,470
184,832
$11,551,302
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 3. EXCESS OF EXPENDITURES OVER APPROPRIATIONS
The classification detail at which expenditures may not legally exceed appropriations is at the
department level. For the year ended September 30, 2005, expenditures exceeded appropriations
in the parks and recreation department by $68,923 as presented in the budgetary comparison
schedule following the notes to the basic financial statements. This excess was funded by greater
than the anticipated revenues.
NOTE 4. DEPOSITS
In addition to insurance provided by the Federal Depository Insurance Corporation, all deposits
are held in banking institutions approved by the State of Florida Chief Financial Officer, to hold
public funds. Under Florida law, the State Chief Financial Officer requires all Florida qualified
public depositories to deposit with the Chief Financial Officer or another banking institution
eligible collateral. In the event of a failure of a qualified public depository, the remaining public
depositories would be responsible for covering any resulting losses. Accordingly, all amounts
reported as deposits are insured or collateralized with securities held by the entity or its agent in
the entity's name.
NOTE 5. RECEIVABLES
Receivables as of September 30, 2005, for the City's general fund, including the allowance for
uncollectible accounts are as follows:
Property taxes
$ 198,940
Utility and Franchise Taxes
469,895
Gas Taxes
171,765
Intergovernmental
579,124
Fines and Forfeitures
121,160
Impact Fees
206,832
Gross receivables
1,747,716
Less allowance for uncollectibles
-
Net receivables
$1,747,716
NOTE 6. INTERFUND RECEIVABLES AND PAYABLES
Receivable Fund Payable Fund Amount
Due from/to other funds:
Transportation Fund General Fund $ 2,535,044
Development Services Fund General Fund 952,382
Impact Fees Fund General Fund 544,563
$4,031,989
-20-
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 6. INTERFUND RECEIVABLES AND PAYABLES (Continued)
At September 30, 2005, the City's General Fund owed the City's Transportation Fund
$1,496,945. This interfund receivable resulted from the City's pooled cash being recorded
entirely in the General Fund. The General Fund's pooled cash included the amount owed to the
Transportation Fund at year end.
NOTE 7. CAPITAL ASSETS
Capital asset activity for the year ended September 30, 2005 was as follows:
Governmental activities:
Capital assets, not being depreciated:
Land
Infrastructure
Construction in progress
Total capital assets, not being depreciated
Capital assets, being depreciated:
Buildings
Furniture, fixtures and equipment
Total capital assets, being depreciated
Less accumulated depreciation for:
Buildings
Furniture, fixtures and equipment
Total accumulated depreciation
Total capital assets, being depreciated, net
Governmental activities capital assets, net
Beginning
Ending
Balance
Increases
Decreases Balance
$ 8,217,213
$ -
$ - $ 8,217,213
-
685,001
- 685,001
-
578,573
- 578,573
8,217,213
1,263,574
- 9,480,787
2,418,746
-
- 2,418,746
108,230
774,123
- 882,353
2,526,976
774,123
- 3,301,099
-
(80,625)
- (80,625)
(2,795)
(29,284)
- (32,079)
(2,795)
(109,909)
- (112,704)
2,524,181
664,214
- 3,188,395
$10,741,394
$1,927,788
$ - $12,669,182
Depreciation expense was charged as functions/programs of the primary government as follows:
Governmental activities:
General government
Parks and recreation
Code enforcement
Non -departmental
Total depreciation expenses - governmental activities
-21-
$ 87,455
4,306
14,670
3,478
$109,909
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 8. LONG-TERM LIABILITIES
The following is a summary of changes in long-term liabilities of the City for governmental
activities for the year ended September 30, 2005:
Governmental Activities
Bonds payable and obligation:
Due to Miami -Dade County
Land Acquisition Revenue Bonds, Series 2005
Capital Improvement Revenue Bonds, Series 2005
Total bonds payable and obligation
Other liabilities:
Compensated absences
Total other liabilities
Governmental activities long-term liabilities
Miami -Dade County Obligation
Beginning
Ending
Due Within
Balance
Additions
Reductions
Balance
One Year
$ 3,518,300
$ -
$(351,830)
$ 3,166,470
$ 351,830
-
7,500,000
-
7,500,000
309,653
-
700,000
-
700,000
-
3,518,300
8,200,000
351,830)
11,366,470
661,483
53,287
131,545
-
184,832
-
53,287
131,545
-
184,832
-
$ 3,571,587
$ 8,331,545
$(351,830)
$11,551,302
$ 661,483
In September 2004, the City entered into the Interlocal Agreement with Miami -Dade County
for Municipal Services and Establishment of Costs of Those Services, R-2004-68-119. As
part of that interlocal agreement, the City agreed to repay to Miami -Dade County the sum of
$3,518,300, payable in 10 equal annual installments of $351,830, due each September lsc
The following table details the future debt service for this agreement:
Principal
Fiscal year ending September 30:
2006 $ 351,830
2007 351,830
2008 351,830
2009 351,830
2010 351,830
2011-2014 1,407,320
$ 3,166,470
Series 2005 $7,500,000 Land Acquisition Revenue Bond
On June 23, 2005, the City issued $7,500,000 in special revenue bonds for the purpose of
financing a portion of the costs of purchasing and renovating existing buildings and
constructing new public facilities, purchasing land for, and financing architectural,
engineering, environmental, legal, and other planning costs related thereto for, the sites of
City Hall, Public Works Department facilities and other public facilities, widening roads and
making other road improvements, and paying the costs of issuance of the bonds. The bonds
have a maturity of 20 years and carry a fixed interest rate of 3.73% and require semi-annual
payments each October I" and April I", with the final payment due October 1, 2025. The
following table details the future debt service schedule for the bonds:
-22-
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 8. LONG-TERM LIABILITIES (Continued)
Series 2005 $7,500,000 Land Acquisition Revenue Bond (Continued)
$ 7,500,000 $ 3,205,765 $10,705,765
Series 2005 $2,500,000 Capital Improvement Revenue Bond
_ On July 15, 2005, the City issued $2.5 million in special revenue debt. The debt is being used
to finance vehicle, equipment, and machinery needs of the City over the next 5 years. The
bonds bear a variable rate of determined by using the one-month LIBOR (London Interbank
Offer Rate) minus 55 basis points (.55%). for the first 5 years. The bonds then may convert to
a fixed rate term. The fixed rate is pegged to 67.43% of the 5 -year U.S. Treasury Bond rate
on the day prior to the last advance against the bonds plus 50 basis points (.50%). The bonds
may be prepaid without penalty at any time during the variable rate period. If the bonds are
not prepaid at the end of the variable rate term, the bonds automatically convert to a fixed rate
term of 6 years, with mandatory principal payments beginning on June 1, 2011. Prepayments
of principal during the fixed rate term may be subject to a prepayment penalty. The bonds are
secured by a pledge on the City's Communications Services Tax and Half -Cent Sales Tax. At
year-end, the City had drawn $700,000 of the $2.5 million borrowed. The following table
details the future debt service schedule for the bonds, using an assumed variable rate of
4.45% through June 1, 2010 and a fixed rate of 4.3658% thereafter. The assumed rates were
determined using the market rates existing subsequent to year-end. Actual rates may be
different. A higher rate will result in more interest expense to the City:
Principal Interest Total
Fiscal year ending September 30:
2006 $ - $ 31,150 $ 31,150
2007 - 31,150 31,150
2008 - 31,150 31,150
2009 - 31,150 31,150
2010 - 31,150 31,150
2011-2015 583,335 101,869 685,204
2016 116,665 5,093 121,758
$ 700,000 $ 262,712 $ 962,712
-23-
Principal
Interest
Total
Fiscal year ending September 30:
2006
$ 309,653
$ 212,580
$ 522,233
2007
256,401
265,831
522,232
2008
266,054
256,178
522,232
2009
276,071
246,162
522,233
2010
286,464
235,768
522,232
2011-2015
1,602,445
1,008,717
2,611,162
2016-2020
1,927,671
683,491
2,611,162
2021-2025
2,318,905
292,257
2,611,162
2026
256,336
4,781
261,117
$ 7,500,000 $ 3,205,765 $10,705,765
Series 2005 $2,500,000 Capital Improvement Revenue Bond
_ On July 15, 2005, the City issued $2.5 million in special revenue debt. The debt is being used
to finance vehicle, equipment, and machinery needs of the City over the next 5 years. The
bonds bear a variable rate of determined by using the one-month LIBOR (London Interbank
Offer Rate) minus 55 basis points (.55%). for the first 5 years. The bonds then may convert to
a fixed rate term. The fixed rate is pegged to 67.43% of the 5 -year U.S. Treasury Bond rate
on the day prior to the last advance against the bonds plus 50 basis points (.50%). The bonds
may be prepaid without penalty at any time during the variable rate period. If the bonds are
not prepaid at the end of the variable rate term, the bonds automatically convert to a fixed rate
term of 6 years, with mandatory principal payments beginning on June 1, 2011. Prepayments
of principal during the fixed rate term may be subject to a prepayment penalty. The bonds are
secured by a pledge on the City's Communications Services Tax and Half -Cent Sales Tax. At
year-end, the City had drawn $700,000 of the $2.5 million borrowed. The following table
details the future debt service schedule for the bonds, using an assumed variable rate of
4.45% through June 1, 2010 and a fixed rate of 4.3658% thereafter. The assumed rates were
determined using the market rates existing subsequent to year-end. Actual rates may be
different. A higher rate will result in more interest expense to the City:
Principal Interest Total
Fiscal year ending September 30:
2006 $ - $ 31,150 $ 31,150
2007 - 31,150 31,150
2008 - 31,150 31,150
2009 - 31,150 31,150
2010 - 31,150 31,150
2011-2015 583,335 101,869 685,204
2016 116,665 5,093 121,758
$ 700,000 $ 262,712 $ 962,712
-23-
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 9. PROPERTY TAXES
Property values are assessed on a countywide basis by the Miami -Dade County Property
Appraiser as of January 1St, the lien date, of each year and are due November 1St of the same year.
The Property Appraiser certifies taxable value of property within the City and the City levies a
tax millage rate upon the taxable value, which will provide revenue required for the fiscal year
beginning October I". Property taxes levied each November 1St by the City and all other taxing
authorities within the County are centrally billed and collected by the County, with remittances
to the City its proportionate share of collected taxes. Taxes for the fiscal year beginning October
1St are billed in the month of November subject to a 1% per month discount for the period
November through February, and are due no later than March 31St of the subsequent year. On
April 1St, unpaid amounts become delinquent with interest and penalties added thereafter.
Beginning June 1St, tax certificates representing delinquent taxes with interest and penalties are
sold by Miami -Dade County, with remittance to the City for its share of those receipts. For the
reported period, the City did not levy any property taxes of its own. Instead, under the terms of
the incorporation by the County, the City was to operate under a transition period agreement that
ultimately was settled with an interlocal agreement (see Note 10).
NOTE 10. INTERLOCAL AGREEMENTS, COMMITMENTS AND CONTINGENCIES
Ris': Management
The City is exposed to various risks of loss related to torts, theft of, damage to, and
destruction of assets, errors and omissions, and natural disasters for which the City carries
pooled insurance provided by the Florida League of Cities.
Second Interlocal Agreement With Miami -Dade County for Municipal Services and
Establishment of Costs of Those Services, R-2004-68-119
In August 2004, the City and the County entered into an interlocal agreement that established
the continuity of County provided municipal services to the City at such a time as the City
wished to assume those services. The interlocal agreement established the cost of services
provided by the County and established a timetable for an orderly transition of County -
provided municipal services. The interlocal agreement agreed to and clarified other issues
including the payment for municipal services and the transfer of municipal revenues that had
been collected by the County on behalf of the City. The agreement further provides for the
following payments to the County by the City for the provision of municipal services by the
County to the City for the period of May 13, 2003, to September 30, 2004:
$351,830 due to Miami -Dade County each September 1" for 10 years beginning
September 1, 2005, and ending September 1, 2015.
-24-
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 10. INTERLOCAL AGREEMENTS, COMMITMENTS AND CONTINGENCIES (Continued)
Interlocal Agreement With Miami -Dade County For Perpetual Provision of Specialized Police
Services, Resolution R-2004-70-121
In August 2004, the City entered into an interlocal agreement mandated by Miami -Dade
County wherein the City must annually and in perpetuity pay the County for Specialized
Police Services. The cost of the service to the City is based upon a formula provided for in
the Resolution that is primarily determined by Specialized Police Services activity, workloads
level, and population of the City. The County requires this agreement of all newly
incorporated municipalities. Existing municipalities do not pay this fee and the City expects
to expend efforts in the future to eliminate this agreement.
Interlocal Agreement With Miami -Dade County Providing For the Transfer of Certain Road
To The City, Resolution R-2004-72-123
In August 2004, the City entered into an interlocal agreement with Miami -Dade County
wherein the County transferred certain public roads within the City to the City. The City
accepted all legal rights, responsibilities, and obligations related to the roads. The value of
the roads had not been determined at the time of the agreement, but Management expects the
roads will be recorded at several millions of dollars, net of depreciation, and will add
significantly to the City's net assets.
Interlocal Agreement With Miami -Dade County Providing For the Transfer of Certain Parks
to the City, Resolution R-982-04 (Miami -Dade County)
In September 2004, Miami -Dade County transferred to the City sixteen parks previously
owned by the County. The value of the parks has been recorded in the City's financial
statements and is more thoroughly described within Note 1.D., Summary of Significant
Accounting Policies, Assets, Liabilities and Net Assets or Equity.
Interlocal Agreement With Miami -Dade County Providing For Local Police Services to the
City, Resolution R-2004-69-120
In August 2004, the City entered into an interlocal agreement with Miami -Dade County for
the provision of Local Police Services to the City by the County. Under the Master Interlocal
Agreement with the County, in part described above by R-2004-68-119, the City is obliged to
continue Local Police Services with the County through May 13, 2007.
City's Obligation To Repay Its Share of County's Outstanding Debt, Resolution R-2004-68-119
As part of the Master Interlocal Agreement with the County, and as a condition to
incorporation, the City is obliged to repay its share of certain County debt instruments that
had been issued for improvements to the unincorporated areas of the County. The County had
pledged certain revenues in support of those debt instruments. The restrictive covenants of
those debt instruments prohibit the County from releasing the pledged revenues until the
-25-
CITY OF MIAMI GARDENS, FLORIDA
NOTES TO BASIC FINANCIAL STATEMENTS
(Continued)
NOTE 10. INTERLOCAL AGREEMENTS, COMMITMENTS AND CONTINGENCIES (Continued)
City's Obligation To Repay Its Share of County's Outstanding Debt, Resolution R-2004-68-119
(Continued)
obligations have been paid in full. The City can prepay at any time its share of the
outstanding debt and thus have its revenues streams released from this encumbrance. Until
that time, the City is required to let the County continue to receive those revenue streams and
then forward the City the difference between what was collected and what was paid as the
City's share of the outstanding debt. The City's Public Service Tax on utility service will
first go to the County to pay the debt service and related costs of the County's Public Service
Tax Revenue Bonds, Series 1999 and Series 2002. The County will then forward the
remainder to the City. The City's Stormwater Assessments will continue to be paid directly
to the County until the County's Stormwater Utility Revenue Bonds, Series 1999, mature.
NOTE 11. PRIOR PERIOD ADJUSTMENT
The City recorded revenue received $803,932 from Miami -Dade County subsequent to fiscal
year 2004 year end. This revenue was almost entirely for communications services taxes that
were remitted to Miami -Dade County by the State of Florida. The State of Florida is responsible
for the collection, remitting, and auditing of taxes levied on local telecommunications services.
When areas of a county are annexed into a neighboring municipality or are incorporated as a
municipality, it is common that these revenues continue flowing to the county until such time as
those company's records are updated. Under the terms of the Master interlocal Agreement,
Miami -Dade County pays to the City from time to time these revenues. The revenues were
received a few months after year end FY2004 and inadvertently posted to an adjusting
accounting period not coincidental with the preparation of the City's FY2004 financial
statements. Consequently, this revenue has been booked as prior period adjustment to properly
reflect net increase to the City's unreserved and undesignated fund balance.
-26-
REQUIRED SUPPLEMENTARY INFORMATION
(Other Than MD&A)
CITY OF MIAMI GARDENS, FLORIDA
REQUIRED SUPPLEMENTARY INFORMATION
BUDGETARY COMPARISON SCHEDULE
GENERAL FUND
YEAR ENDED SEPTEMBER 30, 2005
Other financing sources (uses)
Bonds issued - 8,200,000 8,200,000 -
Transfers in 368,886 618,000 - 618,000
Transfers out (374,821) (7,500,000) - 7,500,000
Total other financing sources (uses) . (5,935) 1,318,000 8,200,000 8,118,000
Net change in fund balances $ - $ - $ 8,819,182 $ 8,819,182
See note to budgetary comparison schedule.
-27-
Variance
with
Final
Budget -
Budgeted Amounts
Actual
Positive
Original
Final
Amounts
(Negative)
Revenues:
Property taxes
$ 10,014,179
$ 9,951,395
$ 9,951,395
$ -
Utility taxes
8,622,991
6,742,452
7,856,762
1,114,310
Intergovernmental
8,653,131
9,630,797
10,192,682
561,885
Charges for services
200,000
670,850
672,850
2,000
Licenses and permits
750,000
991,569
1,181,350
189,781
Fines and forfeitures
694,300
551,428
552,216
788
Franchise fees
3,110,020
3,360,338
3,417,357
57,019
Grant revenue
-
11,047
11,047
-
Other income
32,500
240,030
27,707
(212,323)
Interest
150,000
236,486
236,486
-
Total revenues
32,227,121
32,386,392
34,099,852
1,713,460
Expenditures:
- Current:
General government:
Elected officials
382,800
267,237
264,675
2,562
City Clerk
156,055
136,297
136,196
101
Administration
1,112,800
1,173,185
1,156,310
16,875
City Attorney
100,000
98,668
98,668
-
Code enforcement
700,600
578,556
567,201
11,355
Public safety
25,037,804
25,541,942
25,540,194
1,748
Public works
-
2,880
2,158
722
Parks and recreation
2,953,000
2,989,816
3,058,739
(68,923)
Non -departmental
1,778,127
1,757,802
1,559,023
198,779
Capital outlay
-
905,940
845,437
60,503
Debt service:
Principal
-
175,915
175,915
-
Interest and fiscal charges
-
76,154
76,154
-
Total expenditures
32,221,186
33,704,392
33,480,670
223,722
Excess (deficiency) of revenues over expenditures
5,935
(1,318,000)
619,182
1,937,182
Other financing sources (uses)
Bonds issued - 8,200,000 8,200,000 -
Transfers in 368,886 618,000 - 618,000
Transfers out (374,821) (7,500,000) - 7,500,000
Total other financing sources (uses) . (5,935) 1,318,000 8,200,000 8,118,000
Net change in fund balances $ - $ - $ 8,819,182 $ 8,819,182
See note to budgetary comparison schedule.
-27-
CITY OF MIAMI GARDENS, FLORIDA
REQUIRED SUPPLEMENTARY INFORMATION
NOTE TO BUDGETARY COMPARISON SCHEDULE
YEAR ENDED SEPTEMBER 30, ?005
NOTE 1. BUDGETS AND BUDGETARY ACCOUNTING
An annual appropriated budget is prepared for the general fund.
The City follows these procedures in establishing the budgetary data reflected in the financial
statements:
(a) The City Manager submits to the Council aproposed operating budget for the ensuing fiscal
year. The operating budget includes appropriations and the means of financing them with an
explanation regarding each expenditure that is not of a routine nature.
(b) Public hearings are conducted to obtain taxpayer comments.
(c) Prior to October 1, the budget is legally enacted through passage of an ordinance.
(d) The City Council, by motion, may make supplemental appropriations for the year up to the
amount of revenues in excess of those estimated. During fiscal year ended September 30,
2005, there were no supplemental appropriations.
(e) Formal budgetary integration is employed as a management control device for the general
fund.
(f) The budget for the general fund is adopted on a basis consistent with generally accepted
accounting principles (GAAP).
-28-
COMPLIANCE SECTION
Cohen
&Holtz
Accountants Advisors
Report of Independent Certified Public Accountants on Internal Control over
Financial Reporting and on Compliance and Other Matters Based on an Audit of
Financial Statements Performed in Accordance with Government Auditing Standards
Honorable Mayor, City Council and City Manager
City of Miami Gardens, Florida
We have audited the financial statements of the governmental activities and each major fund of the City
of Miami Gardens, Florida (the City) as of and for the year ended September 30, 2005, which collectively
comprise the City's basic financial statements, and have issued our report dated June 19, 2006. We
conducted our audit in accordance with auditing standards generally accepted in the United States and
the standards applicable to financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States.
Internal Control over Financial Reporting
In planning and performing our audit, we considered the City's internal control over financial reporting
in order to determine our auditing procedures for the purpose of expressing our opinions on the basic
financial statements and not to provide an opinion on the internal control over financial reporting.
However, we noted a certain matter involving the internal control over financial reporting and its
operation that we consider to be a reportable condition. Reportable conditions involve matters coming to
our attention relating to significant deficiencies in the design or operation of the internal control over
financial reporting that, in our judgment, could adversely affect City's ability to initiate, record, process,
and report financial data consistent with the assertions of management in the financial statements. The
reportable condition is described in the accompanying schedule of findings as item 2005-1.
A material weakness is a reportable condition in which the design or operation of one or more of the
internal control components does not reduce to a relatively low level the risk that misstatements caused
by error or fraud in amounts that would be material in relation to the financial statements being audited
may occur and not be detected within a timely period by employees in the normal course of performing
their assigned functions. Our consideration of the internal control over financial reporting would not
necessarily disclose all matters in the internal control that might be reportable conditions and,
accordingly, would not necessarily disclose all reportable conditions that are also considered to be
material weaknesses. However, we believe that the reportable condition described above is not a
material weakness.
-29-
Rachlin Cohen & Holtz LLP
One Southeast Third Avenue ■ Tenth Floor ■ Miami, Florida 33131 ■ Phone 305.377.4228 ■ Fax 305.377.8331 ■ www.rachlin.com
An Independent Member of Baker Tilly International
M I A M I ■ F 0 R T L A U D E R D A L E ■ W E S T P A L M B E A C H ■ S T U A R T
Honorable Mayor, City Council and City Manager
City of Miami Gardens, Florida
Page Two
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's basic financial statements are free of
material misstatement, we performed tests of its compliance with certain provisions of laws, regulations,
contracts, grant agreements and other matters, non-compliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an opinion on
compliance with those provisions was not an objective of our audit and, accordingly, we do not express
such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that
are required to be reported under Government Auditing Standards.
This report is intended solely for the information and use of the Mayor, City Council, management and
regulatory agencies, and is not intended to be and should not be used by anyone other than these
specified parties.
L i-10
X�a,cl� f
Miami, Florida
June 19, 2006
-30-
Cohen
&Holtz
Accountants Advisors
Cohen
&Holtz
Accountants Advisors
Management Letter in Accordance with the Rules of the Auditor General of the State of Florida
Honorable Mayor, City Council and City Manager
City of Miami Gardens, Florida
We have audited the financial statements of the governmental activities and each major fund of the City
of Miami Gardens, Florida (the City) as of and for the year ended September 30, 2005, which collectively
comprise the City's basic financial statements, and have issued our report thereon dated June 19, 2006.
We conducted our audit in accordance with auditing standards generally accepted in the United States
and the standards applicable to financial audits contained in Government Auditing Standards, issued by
the Comptroller General of the United States and Chapter 10.550, Rules of the Auditor General. We
have issued our Report of Independent Certified Public Accountants on Compliance and Other Matters
and on Internal Control over Financial Reporting. Disclosures in the report, which is dated June 19,
2006, should be considered in conjunction with this management letter.
In connection with our audit of basic financial statements of the City for the year ended September 30,
2005, we report the following in accordance with Chapter 10.550 Rules of the Auditor General, Local
Government Entity Audits, which requires that this report specifically address but not be limited to the
matters outlined in Rule 10.554(1)(h):
1. There were no significant findings or recommendations made in the preceding annual financial
audit.
2. There was one recommendation to improve the City's present financial management and
accounting procedures.
3. During the course of our audit, other than matters that are clearly inconsequential considering
both quantitative and qualitative factors, nothing came to our attention that caused us to believe
that the City:
a. Was in violation of any laws, rules or regulations and contractual provisions or abuse that
have occurred, or were likely to have occurred, or were discovered within the scope of the
audit.
b. Made any illegal or improper expenditures that were discovered within the scope of the audit
that may materially affect the financial statements.
-31-
Rachlin Cohen & Holtz LLP
One Southeast Third Avenue ■ Tenth Floor ■ Miami, Florida 33131 ■ Phone 305.377.4228 ■ Fax 305.377.8331 ■ www.rachlin.com
An Independent Member of Baker Tilly International
M I A M I ■ F 0 R T L A U D E R D A L E ■ W E S T P A L M B E A C H ■ S T U A R T
Honorable Mayor, City Council and City Manager
City of Miami Gardens, Florida
Page Two
c. Had deficiencies in internal control that are reportable conditions including but not limited
to:
(1) Improper or inadequate accounting procedures
(2) Failures to properly record financial transactions
(3) Other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that
came to the attention of the auditor
4. The City was incorporated on May 13, 2003, under the Charter and Laws of Miami -Dade County.
There were no component units related to the City.
5. a. In connection with our audit, the City, during fiscal year 2005, did not meet any of the
11
conditions described in Florida Statutes 218.503(1).
b. The annual financial report for the year ended September 30, 2005 has been filed with the
Department of Financial Services pursuant to Section 218.32(l)(a), Florida Statutes and is in
agreement with the audited financial statements for the fiscal year ended September 30, 2005.
c. During the course of our audit, we applied financial condition assessment procedures pursuant
to Rule 10.566(8). It is management's responsibility to monitor the City's financial condition,
and our financial condition assessment, which was performed as of the City's fiscal year end,
was based on representations made by management and the review of financial information
provided by the City. There were no findings that identified deteriorating financial
conditions.
This report is intended solely for the information and use of the Mayor, City Council, management, and
the Auditor General of the State of Florida and is not intended to be and should not be used by anyone
other than these specified parties.
RaIrl'"10V
Miami, Florida
June 19, 2006
Cohen
&Holtz
Accountants Advisors
CITY OF MIAMI GARDENS, FLORIDA
SCHEDULE OF FINDINGS
YEAR ENDED SEPTEMBER 30, 2005
Reportable Condition
2005-1 Financial Reporting
Criteria
The City's books and records should be maintained on a current basis and be inclusive of all of the City's
transactions. This is essential to ensure accurate financial reporting.
Condition
We noted that the books and records of the City were not maintained on a current basis, nor did they
properly reflect all the transactions of the City. We noted the following:
• There were a series of transactions posted in the development services cashiering system that did
not include identifying account numbers that would allow the transactions to be promptly reported
in the City's general ledger. The City posted the transactions to a suspense account which was
reconciled during the audit.
• Various account reconciliations were not performed as of the fiscal year end.
• Capital asset records were not updated.
• Retainages payable for construction projects were not recorded as an expenditure simultaneously
with the payment to the contractor.
Cause
The lack of adequate internal controls over the financial reporting process
Effect
The City did not have accurate monthly financial statements and the audit for the fiscal year ended
September 30, 2005 could not be completed in a timely manner (completed in late June of 2006).
Recommendation
We recommend that the City strengthen its internal controls over financial reporting and recordkeeping
so that process can be effectuated in a timely manner.
View of Responsible Officials and Planned Corrective Actions
The development services transactions resulted from a period of time during which a cash registering and
permit subsystem had problems communicating with each other. Rather than not deposit the cash, it was
decided to post the revenue to a temporary account to reconcile at a later time. Management does not
believe that this issue will recur; however, as the City has quickly grown, it will need to add additional
accounting staff to make sure these types of issues are more timely addressed.
-33-
CITY OF MIAMI GrARDENS, FLORIDA
SCHEDULE OF FINDINGS
(Continued)
Reportable Condition (Continued)
2005-1 Financial Reporting (Continued)
View of Responsible Officials and Planned Corrective Actions (Continued)
Management does not believe it affects decision-making during the year to reconcile its capital asset
records other than at year-end. It does acknowledge that the purchasing and accounting staff need to be
better trained to recognize the proper accounting entries for retainage amounts owed under construction
contracts.
Management also recognizes that the City has quickly grown and that its financial operations need to be
brought entirely in-house and greatly expanded. To that end, the City has acquired and is in the process
of deploying its own financial accounting system and other subsidiary systems. The City also plans to
hire additional accounting staff through its FY2007 budget.
-34-
1515-200 NW 1671h Street
Miami Gardens, Florida 33169
City of -1V[iami Gardens
Mayor Shirley Gibson
Vice Mayor Oscar Braynon
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
To: Mayor & City Council
From: Danny O. Crew, City Manager
Date: 6/22/06
Re: 2006 Emergency Hurricane Supplemental /Urban & Community Forestry Grant
The loss of tree cover in our already low tree canopy has created a negative ecological and
aesthetic impact. To address this situation staff recommends applying for the 2006 Emergency
Hurricane Supplemental /Urban & Community Forestry Grant. In order to be awarded funds for the
U&CF Grant, Council must support a resolution approving the City Manager to apply for the
grant and to enter into a Maintenance Memorandum of Agreement between the city and the
Florida Department of Agriculture and Consumer Services. The grant requires a 25:75 match
from the City in the event the grant funds are awarded. The grant will request for monies to plant
trees in the city's right-of-way. We recommend that the City applies for up to $30,000.
J-2) CONSENT AGENDA
1 RESOLUTION
URBAN & COMMUNITY
FORESTRY GRANT
RESOLUTION NO.
1 RESOLUTION No. 2006 —
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
4 GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY
5 FOR AN URBAN AND COMMUNITY FORESTRY GRANT FROM THE
6 STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND
7 CONSUMER SERVICES, DIVISION OF FORESTRY; AUTHORIZING
8 THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
9 ATTEST TO ANY AND ALL DOCUMENTS NECESSARY TO OBTAIN
10 THE URBAN AND COMMUNITY FORESTRY GRANT; PROVIDING FOR
11 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
12 EFFECTIVE DATE.
13
14 WHEREAS, trees are an important part of our community, and
15 WHEREAS, the City of Miami Gardens has received significant damage to its
16 urban trees as the result of the 2005 hurricanes, and
17 WHEREAS, the loss of tree cover in the City's already low tree canopy has
18 created a negative ecological and aesthetic impact, and
19 WHEREAS, the City of Miami Gardens desires to apply for an Urban and
20 Community Forestry Grant which would provide monies to help remediate the impacts
21 of the 2005 hurricanes, and
22 WHEREAS, the City of Miami Gardens wishes to enter into an Urban and
23 Community Forestry Grant Memorandum of Agreement between the City of Miami
24 Gardens, Florida and the Florida Department of Agriculture and Consumer Services,
25 and
26 WHEREAS, the Urban and Community Forestry Grant requires a 25:75 match
27 from the City in the event the grant funds are awarded, and
28 WHEREAS, City staff recommends that the City applies for up to $30,000 in
29 Urban and Community Forestry Grant monies.
30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
109876-1
RESOLUTION NO.
1 OF MIAMI GARDENS, FLORIDA, as follows:
2 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
3 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
4 made a specific part of this Resolution.
5 Section 2. AUTHORITY: The City Manager, or his designee, is hereby
6 authorized and directed to apply for and enter into a Maintenance Memorandum
7 of Agreement between the City of Miami Gardens and the Florida Department of
8 Agriculture and Consumer Services for an Urban and Community Forestry Grant.
9 Section 3. AUTHORITY: The City Manager is further authorized to
10 execute and the City Clerk is authorized to attest to any and all documents
11 necessary the Maintenance Memorandum of Agreement between the City of
12 Miami Gardens and the Florida Department of Agriculture and Consumer
13 Services for an Urban and Community Forestry Grant.
14 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
15 upon its final passage.
16 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
17 GARDENS AT ITS REGULAR MEETING HELD ON JULY, 2006.
:,
19
20
21
22
23
24
25
26
27
28
I_X��.415
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
109876-1
SHIRLEY GIBSON, MAYOR
RESOLUTION NO.
1
SPONSORED BY: DANNY O. CREW, CITY MANAGER
2
3
MOVED BY:
4
5
VOTE:
6
7
Mayor Shirley Gibson
(Yes)
(No)
8
Vice Mayor Oscar Braynon, II
(Yes)
(No)
9
Councilman Melvin L. Bratton
(Yes)
(No)
10
Councilman Aaron Campbell
(Yes)
(No)
11
Councilman Ulysses Harvard
(Yes)
(No)
12
Councilwoman Sharon Pritchett
(Yes)
(No)
13
Councilwoman Barbara Watson
(Yes)
(No)
14 SKD/ejec
109876-1
1515-200 NW 1671h Street
Miami Gardens, Florida 33169
City of �44iami Gardens
Mayor Shirley Gibson
Vice Mayor Oscar Braynon 11
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Audrey King
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
I►�I�l► C� :: ►It 1►�
To: The Honorable Mayor & City Council Members
From: Dr. Danny Crew
Date: 6/8/06
Re: CMG Community Beautification Grant Program
In an effort to further support community improvement projects the Keep Miami Gardens
Beautiful (KMGB) board recommends the implementation of a Community Beautification
Grant. The grant would provide matching grant support to nonprofit organizations,
neighborhood associations, schools and other community organizations who wish to help foster
community pride in the City of Miami Gardens through beautification or landscaping. Grants
will generally range from $100-$2,500. However, on a project -by -project basis, some grants may
be funded at a higher level. Funding is to be matched (50/50) by budgeted funds, volunteer
efforts and/or matching cash donations. Material purchased with grant funds will be processed
through the city's procurement department. Applications will be reviewed and approved by the
KMGB board.
City of Miami Gardens would awards grants twice a year, once in the fall and again in early
spring. Primary areas of interest are highly visible sites to be enjoyed by the public, which
includes:
• Theme, cultural or educational gardens
• Plants and materials
• Life Lab projects to that teach science, nutrition and horticulture
• Graffiti removal or restoration projects on wall or fence
RECOMENDATION: That City Council supports a resolution approving the implementation of
a Community Beautification Grant.
J-3) CONSENT AGENDA
RESOLUTION
COMMUNITY
BEAUTIFCATION GRANT
RESOLUTION No. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE IMPLEMENTATION OF A
COMMUNITY BEAUTIFICATION GRANT; APPROVING THE FORM
COMMUNITY BEAUTIFICATION GRANT PARTICIPATION
AGREEMENT FOR PARTICIPANTS IN THE GRANT PROGRAM;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, as an effort to further support community improvement
projects, the Keep Miami Gardens Beautiful ("KMGB") board recommends the
implementation of a Community Beautification Grant ("Grant"), and
WHEREAS, the Grant would provide matching grant support to nonprofit
organizations, neighborhood associations, schools and other community
organizations who wish to help foster community pride in Miami Gardens through
beautification or landscaping, and
WHEREAS, the Grants will generally range from $100 to $2500, however,
on a project -by -project basis, some grants may be funded at a higher level, and
WHEREAS, funding is to be matched (50/50) by budgeted funds,
volunteer efforts and/or matching cash donations, and
WHEREAS, the City of Miami Gardens would award Grants twice a year,
once in the fall and again in early spring with the primary areas of interest being
highly visible sites to be enjoyed by the public including theme, cultural or
educational gardens; plants and materials; Life Lab projects that teach science,
nutrition and horticulture; and graffiti removal or restoration projects on walls or
fences,
109068-1
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing
Whereas paragraphs are hereby ratified and confirmed as being true, and the
same are hereby made a specific part of this Resolution.
Section 2. AUTHORIZATION: The City Council approves the
implementation of a Community Beautification Grant. In addition, the City
Council approves the form Community Beautification Grant Participation
Agreement.
Section 3. EFFECTIVE DATE: This Resolution shall take effect
immediately upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON July 12, 2006.
ATTEST:
SHIRLEY GIBSON, MAYOR
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson
(Yes)
(No)
Vice Mayor Oscar Braynon, II
(Yes)
(No)
Councilman Melvin L. Bratton
(Yes)
(No)
Councilman Aaron Campbell
(Yes)
(No)
109068-1
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
SKD/ejec
109068-1
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
CITY OF MIAMI GARDENS
COMMUNITY BEAUTIFICATION GRANT
PARTICIPATION AGREEMENT
THIS AGREEMENT entered into this
2006, by and between:
CITY OF MIAMI GARDENS, a municipal
corporation of the State of Florida,
hereinafter referred to as "City",
and
having and address of
hereinafter referred to as
"Participant",
day of
WHEREAS, pursuant to Resolution , at its meeting of
, 2006 the City Council of City, authorized the creation
of a Community Beautification Grant Program, and
WHEREAS, the Community Beautification Grant Program
("Program"), provides grant funds from the City of Miami Gardens,
to nonprofit organizations, neighborhood associations, schools
and other community organizations who wish to help foster
community pride in the City through beautification or
landscaping, and
WHEREAS, grants will generally range from $100 - $2,500;
however, on a project -by -project basis, some grants may be funded
at a higher level, and
WHEREAS, Program participants must match the grant funding
50/50 by budgeted funds, volunteer efforts and/or matching cash
donations, and
WHEREAS, Program participants must submit an application for
Program funds, the Beautification Board shall make a
recommendation for the awarding of the grant funds, with final
approval to be given by the City Manager.
In consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the
receipt and adequacy of which are acknowledged, the parties agree
as follows:
1. PURPOSE AND SCOPE
(A) The purpose of this Agreement is to outline provisions
by which City will provide grant funds to Participant for the
beautification or landscaping on real property legally
described as:
and more commonly known as:
Miami Gardens, Florida("Property").
(B) Funds provided herein by City may be used to pay for
the cost of labor and materials necessary to landscape and/or
develop life lab projects and improvements to the Property.
Eligible items include, costs of permits, architectural design,
landscaping, and other approved aesthetic enhancements. No City
funds shall be used for any overhead costs.
(C) Funds will be provided to Participant in the form of a
grant, to be paid on a reimbursable basis after receipt and
verification of an invoice submitted to the City, satisfactory to
City, in its sole discretion. The City will endeavor to remit
reimbursement within thirty (30) days of the receipt of the
invoice.
(D) Landscaping improvements and/or Life Lab projects to be
made in conjunction with this Agreement must commence no later
than 90 days after the execution of this Agreement. Should
Participant fail to commence work on the Property within the 90
day time period, City reserves the right not to award the funds
granted herein. If City exercises this right, Participant may
reapply to City for grant funds at a later date.
2. GRANT TERMS
(A) The total amount of this grant shall be $ . Grant
funds shall be used in accordance with the attached Exhibit "A".
(B) Participant must demonstrate to City that any funds
required to complete the improvements on the Property, over and
above what has been provided herein have been obtained.
(C) The funds provided herein shall be disbursed by
the City for costs related to the landscaping improvements on the
Property.
(D) Funds provided herein shall be given to Participant on
a reimbursement basis with a maximum of two requests from
Participant upon receipt, review and verification of invoices to
City, satisfactory to City, in its sole discretion, from
Participant for materials or services paid for by Participant.
(E) Notwithstanding any other provision of this Agreement
to the contrary, City may withhold in whole or in part payment
for failure of Participant to comply with a term or condition or
requirement of this Agreement, or to the extent necessary to
protect itself from loss on account of fraud, misrepresentation
or unsatisfactory or inadequate record keeping, which has not
been resolved to the satisfaction of City.
3. INDEMNIFICATION
Participant shall protect, defend, indemnify and hold
harmless the City, its officers, employees and agents, from and
against any and all lawsuits, penalties, claims, damages,
settlements, judgments, decrees, costs, charges and other
expenses or liabilities of every kind, sort or description
including, but not limited to, attorneys' fees at both
the trial and appellate levels, in connection with or arising,
directly or indirectly, out of or resulting from the Owner's and
Participant's acts or omissions in performing their obligations
under this Agreement. Without limiting the foregoing, any and
all such claims, relating to personal injury, death, damage to
property, defects in material or workmanship, actual or alleged
infringement or any patent, trademark, copyright or of any other
tangible or intangible personal or property right, or any actual
or alleged violation of any applicable statute, ordinance
administrative order, rule or regulation or decree of any court,
are included in the indemnity. The Owner and Participant further
agree to investigate, handle, respond to, provide defense for,
and defend any such claims, at his sole expense and agrees to
bear all other costs and expenses related thereto, even if the
claim(s) is groundless, false or fraudulent. Nothing contained
herein shall be deemed a waiver of sovereign immunity by the
City.
4. CONSTRUCTION
All construction work must be performed by licensed
contractors and appropriate permits will be required.
Construction shall not commence without appropriate and
sufficient fire and casualty insurance on the Property.
5. RECORDS AND RECEIPTS
The Participant shall maintain records and receipts
pertaining to this Agreement and make them available for review
in Miami -Dade, Florida, for the duration of the Agreement. If
any litigation, claim, negotiation, audit, or other action
involving the records has been started before the expiration of
the Grant Agreement, the records must be retained until
completion of the action and resolution of all issues which may
arise from it.
6. SURVIVAL OF AGREEMENT
The parties hereto agree that the terms and conditions of
this Agreement shall be a continuing obligation and undertaking
and shall not cease until the entire grant or any other amounts
which may occur pursuant to this Agreement are paid in full, and
until the obligations and undertaking of the Owner and the City
have been fully completed and discharged.
7. SEVERABILITY
If any section, subsection, clause, sentence, or provision
of this Agreement shall be held invalid for any reason, the
remainder of this Agreement shall not be affected thereby.
8. NOTICE
Any notice by either party under this Agreement should
be deemed sufficient if given in writing and hand delivered and
or sent by registered or certified mail, postage prepaid and
return receipt requested, to the appropriate parties indicated
below:
As to the City: As to the Participant:
City of Miami Gardens
C/o Keep Miami Gardens Beautiful
1515 NW 167th Street
Building 5, Suite 200
Miami Gardens, FL 33169
9. INTEGRATION
This Agreement and Exhibits or Attachments specifically
referenced herein constitute the entire agreement between the
City and Owner. No prior written, prior or contemporaneous oral
promises or representations shall be binding on either party.
This Agreement shall not be amended, except by written instrument
signed by both parties.
10. GOVERNING LAW
This Agreement shall be governed by the laws of the State of
Florida, with venue lying in Miami -Dade, for the purpose of any
litigation that may arise herefrom.
11. TERMINATION OF AGREEMENT
(A) This Agreement, in whole or in part, may be terminated
by either party, for cause upon thirty (30) days written notice
to either party. If the City terminates this Agreement for
cause, the City shall be under NO obligation to make further
payments to Participant.
(B) In the event funds to finance improvements made in
connection with this Agreement become unavailable, the
obligations of each party hereunder may be terminated upon no
less than twenty-four(24) hours written notice to the other
party.
12. WAIVER
No waiver by the City of any breach of any provision of
this Agreement shall be deemed to be a waiver of any other
provision or be construed to be a modification of the terms of
this Agreement.
13. ATTORNEY'S FEES
If either party is forced to bring a court action under this
Agreement, the prevailing party shall be entitled to attorney's
fees.
14. MAINTENANCE
Participant shall have the responsibility to maintain the
Property.
15. MISCELLANEOUS PROVISIONS
(A) This Agreement does not create an employer/employee
relationship between the parties or their respective agents,
employees, officers or other personnel. It is the intent of the
parties that the Participant is not a City of Miami Gardens
employee for all purposes.
(B) The Participant may not assign, transfer or otherwise
encumber this Agreement, under any circumstance, without the
prior written consent of the City.
[THIS SPACE WAS INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
WITNESSES:
CITY OF FORT LAUDERDALE
By
Mayor
By
City Manager
(CORPORATE SEAL) ATTEST:
City Cler
Approved as to form:
City Attorney
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
WITNESSES:
CITY OF MIAMI GARDENS
By
Mayor
By
City Manager
(CORPORATE SEAL) ATTEST:
City Cler
Approved as to form:
City Attorney
Date:
City of 914iami Gardens
Community Beautification Grant
Organization Name:
Organization Address:
City
Telephone: ( )
Contact Person and Title:
Amount Requested :
Project Title:
Grant Cover Sheet
Please Print or Type
State Zip
E-mail:
Phone:
( $2,500 maximum request)
Number of individuals served by the program:
Have you previously received a KMGB Grant? If so, when:
Project Location:
Distance to nearest Street or Park: (Must be in a highly visible location)
Please include the following in your application:
Grant Cover Sheet
Executive Summary (1 page max.) — Brief description of organization, mission statement, brief
description of program or project for support, impact on community, organization's experience in accomplishing
goals of project, and time frame.
Program Description (2 pages max.) — Clearly state project goals, objectives, related activities,
definition of program success and expected outcomes, pictures of site, measurement and evaluation
procedures/standards.
Budget (1 page) - Allocation and narrative (Specifically, how City funds will be used in project), attach
Summary of Cost sheet (place in-kind figures in Summary of Cost grid)
Proof of Non-profit Status
*Applications should be typed on your organizations letterhead and be no more than seven pages long, including
cover sheet. Proposals must be single -sided, single-spaced and must be printed in typeface no smaller than 12
point font with I -inch margins. Incomplete applications will not be reviewed.
Submit Proposals to
City of Miami Gardens
C/o Keep Miami Gardens Beautiful
1515 NW 167 St. Bldg 5 Suite 200
Miami Gardens, FL 33169
Summary of Cost (50/50 match)
Cost Items
Quantity (#
Rate our Price
$
Requested
Grant ($
Applicants
Match $)
1.
Example- flowers
50
$2.00
$50.00
$50.00
2.
3.
4.
5.
6.
7.
8.
9.
10.
TOTAL
City of �44iami Gardens'
COMMUNITY BEAUTIFICATION GRANT
Do you have a really beautiful idea for your neighborhood?
Here's what you can do:
• You can get plants and materials in exchange for your volunteer planting
and maintenance efforts.
• Projects must be within the city limits of Miami Gardens, and in a highly
visible public area.
• Schools, nonprofits, and other neighborhood organizations who wish to
help foster community pride in Miami Gardens are eligible.
Basic Philosophy
City of Miami Gardens provides matching grant support to nonprofit
organizations, neighborhood associations, schools and other community
organizations who wish to help foster community pride in Miami Gardens through
beautification or landscaping.
Grant Range
Grants generally range from $100-$2500. However, on a project -by -project basis,
some grants may be funded at a higher level. Funding is to be matched (50/50)
by budgeted funds, volunteer efforts and/or matching cash donations . Material
purchased with grant funds will be processed through the city's procurement
department.
Application Procedures
City of Miami Gardens awards grants twice a year, once in the fall and again in
early spring. Applications may be obtained by calling the Office of Keep Miami
Gardens Beautiful at 305-622-8034. We can mail, fax or email the application to
you. Then simply follow the instructions in the application packet. Each eligible
applicant will be required to appear before our KMGB Grant Review Committee
for a short presentation and to answer questions about their proposal.
Areas of Interest
Primary areas of interest are highly visible sites to be enjoyed by the public,
which include:
• Theme, cultural or educational gardens
• Plants and materials
• Life Lab projects that teach science, nutrition and horticulture
• Graffiti removal or restoration projects on wall or fence
Matching Grant Information
As an incentive to foster a greater sense of pride in the community and to re-
establish the colorful, fruitful heritage of Miami Gardens, "The Garden City", Keep
Miami Gardens Beautiful provides grant awards for beautification projects that:
• Are highly visible to the general public
• Provide educational enrichment opportunities for residents and visitors
• Are reflective of the specific theme, such as cultural heritage gardens,
rose gardens, Victorian gardens and so on
• Promote and preserve the cultural heritage of our community
• Promote tree planting and preservation
• Promote stewardship of the environment
• Enlist community participation
• Secure long-term maintenance assurances
Examples of beautification projects eligible for funding include:
Landscaping projects, including plants, trees, containers, walkways,
benches, tables, fountains, decorative structures and irrigation systems
Life Lab projects that teach science, nutrition and the benefits of
horticulture through active participation and curriculum
Approval is given by the Keep Miami Gardens Beautiful board at its regular
meeting time.
Examples of ineligible projects include:
• Requests from individual property owners on their own behalf
• Tree removal
• Play equipment
• Overhead costs (office supplies, phone bills, it etc.)
Grant Award Guidelines
1. Generally, grants are awarded in amounts of $2,500 for the purchase of
materials, rather than in labor.
2. Projects that have demonstrated commitment from the applicants and the
surrounding community are given preference.
3. Volunteer labor, cash or material contributions from outside sources must
equal or exceed grant award. Manual labor is to be valued at $10.00 an
hour. Skilled trade labor may be valued at general cost rate.
4. Applicants are fully responsible for completing beautification projects.
Applicants who fail to start their project within ninety (90) days of receipt of
the grant award or who fail to complete their project within ninety (90) days
of their estimated completion date maybe required to return the grant
award.
5. Where appropriate, applicants for landscaping projects are strongly
advised to obtain assistance from design professionals before submitting
their application.
6. Applicants whose beautification projects fit the basic criteria for grant
award are required to make a brief presentation within approximately two
weeks of the application deadline. Funding recommendations are then
forwarded to the Keep Miami Gardens Beautiful board for decision at their
next regular meeting.
7. Applicants must have written approval by landowner to do work on
proposed location.
Forms Required Following Grant Award
LETTER OF AGREEMENT - must be signed and returned before grant award
can be funded.
GRANT REPORTING FORM, A COST BENEFIT ANALYSIS FORM, copies of
all purchase receipts, labeled "AFTER" photographs must be submitted within
three weeks after beautification project completion. These reports must
summarize the total value of the project, including volunteer contributions and
City of Miami Gardens grant award.
Standard Conditions
Grant applicant agrees to acknowledge funding to City of Miami Gardens in any
and all press releases and public announcements regarding beautification
projects.
1. Grant applicant agrees to post a visible sign provided by Keep Miami
Gardens Beautiful, acknowledging funding by City of Miami Gardens. The
sign must be maintained by grant applicant.
2. Grant applicant agrees to maintain, or have maintained, that beautification
project for minimum of three years after the completion date of the project.
3.
Application Instructions
• Fill in all blanks completely.
• You must provide a tax identification number for your organization.
• All attachments must be clearly labeled with organization, project, date
and location. All photographs must be so labeled.
• All blueprints and site maps must show north direction. Streets and
structures must be shown and labeled.
Return completed applications by mail to:
City of Miami Gardens
c/o Keep Miami Gardens Beautiful
1515 NW 167 St. Bldg 5 Suite 200
Miami Gardens, Fl. 33169
City of -MiamiGardens
1515-200 NW 167th Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon 11
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
To: Mayor and City Council
From: Dr. Danny O. Crew
City Manager
Date: July 12, 2006
Re: Proposed Resolution waiving competitive bidding and authorizing
the City Manager to execute an agreement to resurface/repave
streets
The City Council authorized the City Manager to execute an agreement for
resurfacing/repaving of City streets on December 8, 2004, to H & J Asphalt
Paving, Inc. This agreement has now expired. In order to continue our
resurfacing/repaving program, we need to authorize H & J Asphalt, Inc. to
continue in accordance with the Miami -Dade County Public Works Department's
contract and amendment dated June 1, 2006.
Miami -Dade County Public Works Department competitively bid the project street
resurfacing and awarded a contract to H&J Asphalt Paving, Inc. in June 2005. In
order to deal with the sharp rise in the cost per ton of asphalt an amendment was
executed on June 1, 2006 between the County and H & J Asphalt, Inc. Funding
for this expenditure is provided in the Transportation Gas Tax Fund and through
an interlocal agreement with the County to use QNIP funds.
Recommendation: That the City Council approve the attached resolution
waiving competitive bidding and authorizing the City Manager to execute an
agreement with H & J Asphalt Paving, Inc, in accordance with the Miami -Dade
County Public Works Department agreement and amendment, subject to
available budgetary funds.
J-4) CONSENT AGENDA
RESOLUTION
H & J ASPHALT, INC.
AGREEMENT
I RESOLUTION No. 2006-
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
4 GARDENS FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
5 EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT
6 WITH H & J ASPHALT, INC., FOR STREET RESURFACING ON AN AS -
7 NEEDED BASIS, BY RELYING UPON THAT CERTAIN AGREEMENT
8 BETWEEN MIAMI-DADE COUNTY AND H & J ASPHALT, A COPY OF
9 WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING A
10 WAIVER TO THE COMPETITIVE PROCESS; AUTHORIZING THE CITY
11 MANAGER TO EXPEND FUNDS IN ACCORDANCE WITH THE
12 AGREEMENT, NOT TO EXCEED BUDGETED FUNDS; PROVIDING FOR
13 INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
14 ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
15 DATE.
16
17 WHEREAS, the City previously entered into an agreement with H & J Asphalt, Inc.
18 ("H &J"), for street resurfacing and repaving, and
19 WHEREAS, the City's prior agreement with H & J has expired, and
20 WHEREAS, Miami -Dade County competitively bid a street resurfacing and
21 repaving Contract to H & J Asphalt, Inc., in June of 2005, which was amended on June of
22 2006 to increase the costs, due to the sharp rise in prices after the 2005 hurricane season,
23 and
24 WHEREAS, the City Manager is recommending that the City Council contract with
25 H & J Asphalt, by relying upon H&J's Contract with Miami -Dade County, as amended, on
26 an as -needed basis, in accordance with funds budgeted for this purpose, and
Paqe 1
Resolution No. 2006-
1 WHEREAS, the City Manager is also recommending that the City Council waive the
2 competitive bidding requirements of the City's Purchasing Ordinance in light of the fact that
3 the services cannot be acquired through the normal purchasing process,
4 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
5 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS.-
6
OLLOWS:6 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
7 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
8 made a specific part of this Resolution.
9 Section 2. AUTHORIZATION: The Mayor and City Clerk are hereby
10 authorized to execute and attest that Certain Agreement with H & J Asphalt, Inc., for Street
11 Resurfacing and Repaving, a copy of which is attached hereto as Exhibit "A," by relying
12 upon the Agreement between H & J Asphalt, Inc., and Miami Dade County dated June 17,
13 2005, as amended.
14
Section 3.
AUTHORIZATION: Pursuant to Section 15(a) of
the City's
15
Purchasing ordinance,
the City Council hereby authorizes a waiver of the
competitive
16 bidding requirements of the Purchasing Code.
Paqe 2
Resolution No. 2006-
1 Section 4. AUTHORIZATION: The City Manager is hereby authorized to
2 expend funds in accordance with the Agreement between the City and H & J, on an as -
3 needed basis, in an amount not to exceed the budgeted funds for this purpose.
4 Section 5. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
5 authorized to obtain four (4) fully executed copies of the subject Agreement, with one to be
6 maintained by the City, with one to be delivered to H & J Asphalt, Inc., and with one to be
7 directed to the Office of City Attorney.
8 Section 6. EFFECTIVE DATE: This Resolution shall take effect immediately
9 upon its final passage.
10 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
11 GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006.
12
13
14
15
16
17
18
19
20
21
22
23
24
SHIRLEY GIBSON, MAYOR
ATTEST:
I\\JIVLI I/-% Ir1I 1—%-; FX, I_�IVIk�, LalI T ULEMN
Prepared by SONJA KNIGHTON DICKENS, ESQ.
Paqe 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Resolution No. 2006-
City Attorney
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson
_(Yes)
_(No)
Vice Mayor Oscar Braynon, II
_(Yes)
(No)
Councilman Melvin L. Bratton
_(Yes)
(No)
Councilman Aaron Campbell
_(Yes)
_(No)
Councilman Ulysses Harvard
_(Yes)
(No)
Councilwoman Sharon Pritchett
_(Yes)
(No)
Councilwoman Barbara Watson
_(Yes)
(No)
SKD/bfc
109550_2.DOC
Paqe 4
AGREEMENT FOR STREET PAVING AND RESURFACING
This Agreement is made this day of 2006, by and
between City of Miami Gardens, 1515 NW 167th Street, Suite 200, Miami
Gardens, Florida 33169, and H & J Asphalt, Inc. 4310 NW 35h Avenue, Miami,
Florida 33142.
WHEREAS, the Miami -Dade County Public Works Department
competitively bid and awarded a Contract to H & J Asphalt, Inc. for street
repaving and resurfacing dated June 17, 2005 ("Miami -Dade Contract"), and
amended on June 1, 2006 ("Miami -Dade Amendment"); and
WHEREAS, H & J Asphalt, Inc. agrees to allow the City of Miami Gardens
to "piggy -back" on the Miami -Dade Contract and Amendment,
NOW THEREFORE, in consideration of the monies herein described and
for other good and valuable considerations, the legal sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. The terms of that certain Miami -Dade Contract and Amendment, and all
Contract Documents referenced in Article 6, and attached thereto, are
hereby incorporated herein by reference.
2. All references in the Miami -Dade Contract and Addendum to "Miami -Dade
County" shall be changed to "City of Miami Gardens."
3. Where the specifications and for "raising manhole or water value covers
with concrete" shall be deleted and replaced with "raise the manhole or
water value covers using riser rings.
4. Article 2. of the Miami -Dade Contract (Contract Sum) shall be deleted and
shall be replaced by the prices quoted in the Amendment to the Miami -
Dade County Contract Dated June 1, 2006.
5. The terms "Stop Bar Striping" shall be amended to include "Stop Bar 50 ft
of double yellow 6 RPMS Thermoplastic paint at $130.00 each.
6. This Agreement shall be effective for a period of one year commencing
upon the date of execution.
7. All terms and conditions of the Contract and Amendment not amended by
this amendment shall remain in full force and effect.
8. In the event of any inconsistency between the Miami -Dade Contract, the
Miami -Dade Amendment, or this Agreement, this Agreement shall prevail.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment
as of the dates set forth below.
CITY OF MIAMI GARDENS
Shirley Gibson, Mayor Date
ATTEST:
City Clerk
Ronetta Taylor, CMC
Approved as to form:
Sonja K. Dickens, City Attorney
H & J ASPHALT, INC.
By:
Signature Date
Print name
110001_1.DOC
06/27/2006 06:22 3056343313 OFFICE PAGE 02
4310 NW 35�" AVENUE
MIAMI, rl. 33142
PHONE: 305-634-3342
hja. pI�@he.11sou=h..n�1-.
H & J ASPHALT, INC.
I'AX: 305-634-3313
Juane 28, 2006
City of Miami Gardens
Dept. of Public Works
1.515 NW 167 StrwM Building 5, Suite 200
Miami Gardens, FL 33169
Attention: Mrs. Mariana Pitiriciu
Reference: Resurfacing Contract.
Subject: Reluest for price adjustment
Dear Mn. Pitiricill:
The foregoing .is to let you know that H&J Asphalt, me is willing to accept the
same price adjustments Haat we have negotiated under out current Resurfacing Contract
with Miami Dade County, to apply with the City of Miami Gardens, allowing the City to
piggyback.
Thank you for your attention to this matter. ,Tf you. have any questions or concerns,
please do not hesilate to contact me,
Sineere ,
Jorge or
Vice -President
/ I -W Asphalt, Inc.
06/03/2006 01:09 305634313 OFFICE PAGE 02
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111 NW 1 svS#reet • Suite 1610
Miami, Florida 33128-1970
T 305-375-2111 F 305-375-2547
tniarn1dade.gov
31'IIANU DADE COUNTY
PU13LIC WORKS DEPAR.'rAONT
IiJESLgWACING CONTI,ikCTS No. 20030252, 200.301253, 20040422., 20040423 and
20050155.
CONTRACTOR: OR: H & J Asphalt Inc.
4310 NW 35 AVE
Miami, F133142 "
0-1. August 25, 20105 Miami Dade Cou ntY was stricken by Hurricane Katrina. On
Septetnbea; 19, 2005 Ilnrricaue Rita made landfall in the South Florida area, October 24,
X05 Miami lade County was brae again hit by Hur::icano Wilma. The impact of the
t'h"Ce storms resulted in a delay of approximately four inontbis in alt ongoing resarfacixtg
contracts at tho time. In addition, OIL November, 2005, Port Everglades laotified the
contractor's that AC -30 Iigt41 , which is one of the rnaht ingedieuts in the production of
asphalt, was no longer and,would.not be available at said port fot an iradeflWte period of
tirlie. The contractors were able to purchase the liquid, wheu available, at other ports
such, as Tampa and Jacksonville in lit3ited quwititics, higher prices and additional
transportafi,on costs. This crisis added approx mately t'bree more moTzths to the already
existing delay.
It is in the best interest of the County to complete the pendix,g ia�frastractt L
iMPIr avement proprams before additional price increases occur,
TO complete the work delayed by the 2005 himicane season and the unavailability of
AC,30 liquid used far the productim of asphalt, effective Junicy e -1q 2006, contractors that
exeecd them tracWat J: otttbly Prodnctioa Ratc of $8t1a0W.0'0 25°70 or more will be
conl0hsatcd ng to $20.00 per Tort of Asphalt, not ti) exceed a total per.tozz rate of
$6E.00, subjeef to t,.e ,loll owing provisions.
l.-Cl3mPensation will be made only if tiro
$10%000.40. In the event that, due to cirl
subli as inclement weat4er, , b Clitit? S o{H,
working days in the r�S % 02 .>
41 .V
''. � iii'•'+ •{ is%`�,µ
06/03/2006 01:09 3056343313 OFFICE
05.102/2008 FRI 15:36 FAX 305 375 2547 PLISLIC Wt7RFS CONST DIV
Mt
ADA GUordiMfror,
Agenda CcprdlnAfth
PAGE 03
[�j003
.Public Works
171 NW 1st Street +. Suite 1610
Miami, Norfda 33128-1970
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City of 9Viami Gardens
1515-200 NW 167", Street
Miami Gardens, Florida 33169
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
To: Mayor and City Council
From: Dr. Danny O. Crew
City Manager
Date: July 12, 2006
Re: Proposed Resolution authorizing the City Manager to execute a
master escrow agreement
The City Council approved the purchase of city wide software from Tyler
Technologies, Eden Division on December 14, 2005. The City purchased the
licenses to operate the software system, the actual system is proprietary. In
order to protect the City's investment and avoid disclosure of Eden's proprietary
technology, an escrow account must be established to provide retention,
administration and controlled access of the proprietary technology materials.
Iron Mountain Intellectual Property Management, Inc. located in Dallas, Texas is
the depository. The cost is $500.00 start up and $650.00 maintenance per year.
Annual renewals may be increased no more than 5% per year
Recommendation: That the City Council approve the attached resolution
authorizing the City Manager to execute an agreement with Iron Mountain
Intellectual Property management, Inc.
J-5) CONSENT AGENDA
RESOLUTION
MASTER ESCROW
AGREEMENT
1
2
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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23
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RESOLUTION No. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THAT CERTAIN MASTER ESCROW AGREEMENT WITH
IRON MOUNTAIN INTELLECTUAL PROPERTY MANAGEMENT, INC.,
AND TYLER TECHNOLOGIES, EDEN DIVISION, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS
TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council approved the purchase of city-wide software from
Tyler Technologies, Eden Division on December 14, 2005, and
WHEREAS, although the City purchased the license to operate the software
system, the actual system is proprietary in nature, and
WHEREAS, in order to avoid the disclosure of Eden's proprietary technology,
Eden is requiring that an escrow account be established to provide retention,
administration and controlled access of the proprietary technology materials, and
WHEREAS, Iron Mountain Intellectual Property Management, Inc., will be the
depository, and
WHEREAS, the City is required to pay an initial start-up cost of $500.00, plus a
$650.00 maintenance fee per year. Annual renewals may be increased no more than
5% per year,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Page 1
Resolution No. 2006-
1 Section 2. AUTHORIZATION: The City Manager for the City of Miami
2 Gardens is hereby authorized to execute that certain Master Escrow Agreement with Iron
3 Mountain Intellectual Property Management, Inc., a copy of which is attached hereto as
4 Exhibit "A."
5 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
6 authorized to obtain four (4) fully executed copies of the subject Agreement, with one to be
7 maintained by the City; with one to be delivered to Iron Mountain Intellectual Property
8 Management, Inc., with one to be delivered to Tyler Technologies, Eden Division, and with
9 one to be directed to the Office of City Attorney.
10 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
11 upon its final passage.
12 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
13 GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006.
14
15
16
17
18 ATTEST:
19
20
21
22
23 RONETT
SHIRLEY GIBSON, MAYOR
h I/':I LV R, VIVID, VI I i ULEMM
24
25
26 Prepared by SONJA KNIGHTON DICKENS, ESQ.
27 City Attorney
28
29 SPONSORED BY: DANNY O. CREW, CITY MANAGER
30
31 MOVED BY:
32
Paqe 2
2
4
6
8
10
ll
Resolution No. 2006-
VOTE:
Mayor Shirley Gibson
_(Yes)
(No)
Vice Mayor Oscar Braynon, II
_(Yes)
Councilman Melvin L. Bratton
_(Yes)
_(No)
_(No)
Councilman Aaron Campbell
_(Yes)
_(No)
Councilman Ulysses Harvard
_(Yes)
_(No)
Councilwoman Sharon Pritchett
_(Yes)
(No)
Councilwoman Barbara Watson
_(Yes)
_(No)
SKD/bfc
109550_5.DOC
Paqe 3
1515-200 NW 1671' Street
Miami Gardens, Florida 33169
City of �44iami Gardens
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Audrey King
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
MEMORANDUM
To: The Honorable Mayor and City Council
From: Dr. Danny O. Crew, City Manager
Date: July 5 2006
Re: Interlocal Agreement with Miami -Dade County for Building Better
Communities Bond Program -Rolling Oaks Park
Background:
On November 2, 2004, Miami Dade County residents approved the Building Better
Communities General Obligation Bond (GOB) Program. As a result, the City of Miami
Gardens will receive approximately $9.83M, over the next five years, which covers the
design and construction of the seventeen (17) park projects.
The Administrative Rules for the Building Better Communities Program have been
established and approved by the Board of County Commissioners. As a condition of the
bond program, the City must enter into an Interlocal agreement with Miami Dade County
which sets for the responsibilities and duties regarding the administration of the
approved project and approved funding Allocation. The agreement specifies the
projects' timeframes, payment terms, budget changes, etc.
The attached resolution requests the City Council authorize the City Manager to enter
into an Interlocal agreement for the construction portion of the Rolling Oaks Park project
which entitles the City to receive $495,000 from the Series A Bonds.
RECOMMENDATION: It is recommended that the City Council approve the proposed
resolution and Interlocal agreement between the City of Miami Gardens and Miami -
J -6) CONSENT AGENDA
i RESOLUTION
ROLLING OATS PARKS
RENOVATION &
IMPROVEMENTS BOND
Dade County for the project titled "Rolling Oaks Park" in relation to the Building Better
Communities General Obligation Bond.
DC:AP
I RESOLUTION No. 2006-
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
4 GARDENS FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
5 CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN
6 INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY FOR FUNDING
7 FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION
8 BOND, FOR ROLLING OAKS PARK RENOVATION AND
9 IMPROVEMENTS, A COPY OF WHICH IS ATTACHED HERETO AS
10 EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
11 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, on November 2, 2004, Miami Dade County residents approved the
15 Building Better Communities General Obligation Bond (GOB) Program, and
16 WHEREAS, as a result, the City of Miami Gardens will receive approximately
17 $9.83M which covers the design and construction of the seventeen (17) park projects,
18 and
19 WHEREAS, Miami Dade County has agreed to provide funding for improvements
20 and renovations to Rolling Oaks Park in the amount of $495,000, and
21 WHEREAS, in order to receive the funds, the City must enter into an
22 Interlocal Agreement with Miami Dade County which sets for the responsibilities
23 and duties regarding the administration of the approved project and approved
24 funding allocation,
25 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
26 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
27 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
28 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
29 made a specific part of this Resolution.
Paqe 1
Resolution No. 2006-
1 Section 2. AUTHORIZATION: The City Manager and City Clerk are hereby
2 authorized to execute and attest that certain Interlocal Agreement with Miami Dade County
3 for funding from the Building Better Communities General Obligation Bond, for Rolling
4 Oaks Park renovation and improvements, a copy of which is attached hereto as Exhibit
5 "A."
6 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
7 authorized to obtain four (5) fully executed copies of the subject Agreement, with one to be
8 maintained by the City; with two to be delivered to Miami Dade County, and with one to be
9 directed to the Office of City Attorney.
10 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
11 upon its final passage.
12 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
13 GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006.
14
15
16
17
18 ATTEST:
19
20
21
22
SHIRLEY GIBSON, MAYOR
23 RONEIM I M T LVR, I,IVII,, l,1 I T ULr_Mr\
24
25
26 Prepared by SONJA KNIGHTON DICKENS, ESQ.
27 City Attorney
28
29 SPONSORED BY: DANNY O. CREW, CITY MANAGER
30
Paqe 2
Resolution No. 2006
1 MOVED BY -
2
3 VOTE:
4
6
7
10
11
12
13
Mayor Shirley Gibson
_(Yes)
(No)
Vice Mayor Oscar Braynon, II
_(Yes)
Councilman Melvin L. Bratton
_(Yes)
_(No)
Councilman Aaron Campbell
_(Yes)
_(No)
Councilman Ulysses Harvard
_(Yes)
_(No)
(No)
Councilwoman Sharon Pritchett
_(Yes)
(No)
Councilwoman Barbara Watson
_(Yes)
(No)
SKD/bfc
109550 3.DOC
Paqe 3
AGREEMENT
BETWEEN
THE CITY OF MIAMI GARDENS, FLORIDA
AND
MIAMI-DADE COUNTY
GOB Project Number 54-70551/Park Renovations and Improvements
Rolling Oaks Park
THIS AGREEMENT (the "Agreement") by and between Miami -Dade County, a political
subdivision of the State of Florida (the "County"), through its governing body, the Board of
County Commissioners of Miami -Dade County, Florida (the "Board") and the City of Miami
Gardens, Florida, a municipal corporation organized under the laws of the State of Florida,
through its governing body, the Mayor and Commissioners of the City of Miami Gardens,
Florida (the "Municipality") is entered into this day of , 2006.
WITNESSETH
WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-913-
04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing the
issuance of $2.926 billion in general obligation bonds for capital projects and on November
2, 2004, a majority of those voting approved the bond program (the "BBC GOB Program");
and
WHEREAS, the aforementioned Resolutions include specific countywide projects,
neighborhood projects for the Unincorporated Municipal Service Area and municipalities
and associated allocations for activities such as but not limited to development,
improvement, rehabilitation, restoration or acquisition of real property; and
WHEREAS, GOB Project Number 54/Park Renovations and Improvements, (the
"Project") is eligible for funding from the BBC GOB Program in a total amount not to
exceed $9,831,000 (the "Funding Allocation"); and
WHEREAS, the Municipality is undertaking completion of park improvements to all
16 parks in the City of Miami Gardens to include; Rolling Oaks Park (the "Project 54-
70551 "), Vista Verde Park (the "Project 54-71052"), Andover Park (the "Project 54-71053"),
Brentwood Park (the "Project 54-71054"), Brentwood Pool (the "Project 54-71055"),
Buccaneer Park (the "Project 54-71056"), Bunche Park (the "Project 54-71057"), Bunche
Pool (the "Project 54-71058"), Carol City Community Center (the "Project 54-71059"), Carol
City Park (the "Project 54-71060"), Coral Park (the "Project 54-71061"), Cloverleaf Park
(the "Project 54-71062"), Lake Lucerene Park (the "Project 54-71063"), Myrtle Grove Park
(the "Project 54-71064"), Myrtle Grove Pool (the "Project 54-71065"), Optimist Park (the
"Project 54-71066"), Norwood Pool and Park (the "Project 54-71063"), Scott Park (the
Building Better Communities Municipal Agreement 1 of 10
"Project 54-71063"), and the Parks and Recreation Master Plan (the "Project 54-71063''),
which were specifically approved as part of the BBC GOB Program or are eligible for
funding from one of the programs to be funded under the BBC GOB Program, each as part
of the Project; and
WHEREAS, the Project as a whole is estimated to cost $34,585,000 (the "Total
Project Cost"). Project 54-70551 is estimated to cost $6,796,000 and will be funded from
the sources listed in Exhibit 1; and
WHEREAS, pursuant to the terms of this Agreement the County has agreed to
allocate $495,000 from the Series A 2005 Bonds for Project 54-70551 (the "Funding Cycle
Allocation"); and
WHEREAS, the Commissioners of both the County and the Municipality have
authorized, by resolution, their respective managers to enter into this Agreement for each
Funding Cycle Allocation describing their respective roles in the funding for the Project
costs with respect to such Funding Cycle Allocation,
NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically
authorizes the County Manager to execute such agreements, sub -agreements and other
required contracts and documents, to expend Building Better Communities bond funds
received for the purpose described in the funding request, and in consideration of the
mutual promises and covenants contained herein and the mutual benefits to be derived
from this Agreement, the parties hereto agree as follows:
Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles
and obligations regarding the funding being provided with respect to Project 54-
70551.
Section 2. Funding Responsibilities:
a. Project Funding Plan: A Project 54-70551 funding plan identifying
the Funding Allocation to be funded by the County solely from BBC
GOB Program proceeds and the costs to be funded by the Municipality
through a local funding plan or written project funding commitments
from third parties is attached as Exhibit 1. Included shall be a projected
timetable for each Funding Cycle Allocation and the amount funded to
date, if any.
b. Representations of the Municipality: The Municipality covenants
and warrants that it has, in combination with the Funding Allocation,
the amount of funding necessary for the completion of Project 54-
70551. The additional sources of funding are listed in Exhibit 1.
C. Responsibilities of the County: The County agrees to provide solely
from BBC GOB Program proceeds for the Funding Cycle Allocation in
an amount equal to $495,000. This amount represents a portion of the
amount necessary to complete the Project. This sum shall be provided
in accordance with the reimbursement procedures contained in the
County's GOB Administrative Rules attached as Attachment 1. In the
event that the Project Milestones, as defined and set forth in Exhibit 1
of this Agreement are not within 10% of completion, the dollars to be
Building Better Communities Municipal Agreement 2 of 10
M M AN
funded for subsequent Milestones may be delayed for one calendar
year in accordance with the Administrative Rules, see Section 18 of
this Agreement.
Section 3. Effective Date and Term: This Agreement shall take effect upon
execution and shall terminate upon the completion of Project 54-70551, including
the completion of all final closeout documentation.
Section 4. Compliance with Codes and Laws: Each party agrees to abide by all
Applicable Laws necessary for the development and completion of the Project.
"Applicable Law" means any applicable law (including, without limitation, any
environmental law), enactment, statute, code, ordinance, administrative order,
charter, tariff, resolution, order, rule, regulation, guideline,- judgment, decree, writ,
injunction, franchise, permit, certificate, license, authorization, or other direction or
requirement of any governmental authority, political subdivision, or any division or
department thereof, now existing or hereinafter enacted, adopted, promulgated,
entered, or issued. Notwithstanding the foregoing, "Applicable Laws" and
"Applicable Laws" shall expressly include, without limitation, all applicable zoning,
land use, DRI and Florida Building Code requirements and regulations, all applicable
impact fee requirements, all requirements of Florida Statutes, specifically including,
but not limited to, Section 255.05 related to payment and performance bonds,
Section 255.20 related to contractor selection and Section 287.055 related to
competitive selection of architects and engineers, all requirements of Chapters 119
and 286 of the Florida Statutes, Section 2-11.15 of the Code (Art in Public Places),
and all other applicable requirements contained in this Agreement and Attachment
1, which exhibit is hereby incorporated in this Agreement by this reference.
Section 5. Contractual obligation to comply with certain County requirements:
All records of the Municipality and its contractors pertaining to Project 54-70551
shall be maintained in Miami -Dade County and, upon reasonable notice shall be
made available to representatives of the County. In addition, the Office of Inspector
General of Miami -Dade County shall have access thereto for any of the purposes
provided in Sec. 2-1076 of the Code of Miami -Dade County.
The Municipality shall cause each contract to include a provision that contractor
shall comply with all requirements of Section 2-1076, and that contractor will
maintain all files, records, accounts of expenditures for contractor's portion of the
Work and that such records shall maintained within Miami -Dade County and County
shall have access thereto as provided in this Agreement.
The Municipality shall comply with the requirements of Florida Statutes related to
retainage of funds due a contractor and shall include appropriate language in its
construction contracts and shall require the contractor to include such language in
its subcontracts.
All applicable County Rules, Regulations, Ordinances, Resolutions,
Administrative Orders, and the County Charter referenced in this agreement
are posted on the County's website: "miamidade.gov".
Building Better Communities Municipal Agreement 3 of 10
f=
t
Section 6. Access and Audits: The Municipality shall maintain adequate records to
justify all charges, expenses, and costs incurred which represent the funded portion
of Project 54-70551 for at least three (3) years after completion of the Project. The
County shall have access to all books, records, and documents as required in this
section for the purpose of inspection or auditing during normal business hours.
Pursuant to Section 2-1076 of the Miami -Dade County Code the County shall have
the right to engage the services of an independent private -sector inspector general
("IPSIG") to monitor and investigate compliance with the terms of this Agreement.
The Office of the MIAMI-DADE COUNTY INSPECTOR GENERAL (IG) shall have
the authority and power to review past, present and proposed County programs,
accounts, records, contracts and transactions, and contracts such as this Agreement
for improvements some cost of which is funded with County funds.
As such, the IG may, on a random basis, perform audits on this Agreement
throughout the duration of said Agreement (hereinafter "random audits"). This
random audit is separate and distinct from any other audit by the County.
The IG shall have the power to retain and coordinate the services of an
Independent Private Sector Inspector General (IPSIG) who may be engaged to
perform said random audits, as well as audit, investigate, monitor, oversee, inspect,
and review the operations, activities and performance and procurement process
including, but not limited to, project design, establishment of bid specifications, bid
submittals, activities of the Municipality and contractor and their respective officers,
agents and employees, lobbyists, subcontractors, materialmen, staff and elected
officials in order to ensure compliance with contract specifications and detect
corruption and fraud. The IG shall have the power to subpoena witnesses,
administer oaths and require the production of records. Upon ten (10) days written
notice to the Municipality (and any affected contractor and materialman) from IG, the
Municipality (and any affected contractor and materialman) shall make all requested
records and documents available to the IG for inspection and copying.
The IG shall have the power to report and/or recommend to the Board whether a
particular project, program, contract or transaction is or was necessary and, if
deemed necessary, whether the method used for implementing the project or
program is or was efficient both financially and operationally. Monitoring of an
existing project or program may include reporting whether the project is on time,
within budget and in conformity with plans, specifications, and applicable law. The IG
shall have the power to analyze the need for, and reasonableness of, proposed
change orders.
The IG is authorized to investigate any alleged violation by a contractor of its Code of
Business Ethics, pursuant Miami -Dade County Code Section 2-8.1.
The provisions in this section shall apply to the Municipality, its contractors and their
respective officers, agents and employees. The Municipality shall incorporate the
provisions in this section in all contracts and all other agreements executed by its
contractors in connection with the performance of this Agreement. Any rights that
the County has under this Section shall not be the basis for any liability to accrue to
the County from the Municipality, its contractors or third parties for such monitoring
or investigation or for the failure to have conducted such monitoring or investigation
Building Better Communities Municipal Agreement 4 of 10
and the County shall have no obligation to exercise any of its rights for the benefit of
the Municipality.
Section 7. Relationship of the Parties: The parties agree that the Municipality is an
independent entity responsible solely for Project 54-70551 and not an agent or
servant of the County. No party or its officers, elected or appointed officials,
employees, agents, independent contractors or consultants shall be considered
employees or agents of any other party, nor to have been authorized to incur any
expense on behalf of any other party, nor to act for or to bind any other party, nor
shall an employee claim any right in or entitlement to any pension, workers'
compensation benefit, unemployment compensation, civil service or other employee
rights or privileges granted by operation of law or otherwise, except through and
against the entity by whom they are employed.
Section 8. Liability: The parties to this Agreement shall not be deemed to assume
any liability for the negligent or wrongful acts, or omissions of the other party.
Nothing contained herein shall be construed as a waiver, by either party, of the
liability limits established in section 768.28 of the Florida Statutes. The Municipality
acknowledges that the County, its employees, commissioners and agents are solely
providing funding assistance for Project 54-70551 and are not involved in the
design, construction, operation or maintenance of Project 54-70551.
Section 9. Breach, Opportunity to Cure and Termination:
(a) Each of the following shall constitute a default by the Municipality:
(1) If the Municipality uses the Funding Cycle Allocation for costs not
associated with Project 54-70551 (i.e. ineligible costs), and the
Municipality fails to cure its default within thirty (30) days after
written notice of the default is given to the Municipality by the
County; provided, however, that if not reasonably possible to cure
such default within the thirty (30) day period, such cure period shall
be extended for up to one hundred eighty (180) days following the
date of the original notice if within thirty (30) days after such written
notice the Municipality commences diligently and thereafter
continues to cure.
(2) If the Municipality shall breach any of the other covenants or
provisions in this Agreement other than as referred to in Section
9(a)(1) and the Municipality fails to cure its default within thirty (30)
days after written notice of the default is given to the Municipality by
the County; provided, however, that if not reasonably possible to
cure such default within the thirty (30) day period, such cure period
shall be extended for up to one hundred eighty (180) days following
the date of the original notice if within thirty (30) days after such
written notice the Municipality commences diligently and thereafter
continues to cure.
(b) Each of the following shall constitute a default by the County:
(1) If the County shall breach any of the covenants or provisions in this
Agreement and the County fails to cure its default within thirty (30)
days after written notice of the default is given to the County by the
Building Better Communities Municipal Agreement 5 of 10
Municipality; provided, however, that if not reasonably possible to
cure such default within the thirty (30) day period, such cure period
shall be extended for up to one hundred eighty (180) days following
the date of the original notice if within thirty (30) days after such
written notice the County commences diligently and thereafter
continues to cure.
(c) Remedies:
(1) Upon the occurrence of a default as provided in Section 9(a)(1) and
such default is not cured within the applicable grace period, the
County, in addition to all other remedies conferred by this
Agreement, the Municipality shall reimburse the County, in whole or
in part as the County shall determine, all funds provided by the
County hereunder.
(2.) Either party may institute litigation to recover damages for any
default or to obtain any other remedy at law or in equity (including
specific performance, permanent, preliminary or temporary
injunctive relief, and any other Lind of equitable remedy).
(3) Except with respect to rights and remedies expressly declared to
be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by any party of one or more
of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the
same default or any other default.
(4) Any failure of a party to exercise any right or remedy as provided in
this Agreement shall not be deemed a waiver by that party of any
claim for damages it may have by reason of the default.
(d) Termination:
(1) Notwithstanding anything herein to the contrary, either party shall have
the right to terminate this Agreement, by giving written notice of
termination to the other party, in the event that the other party is in
material breach of this Agreement.
(2) Termination of this Agreement by any Party is not effective until five (5)
business days following receipt of the written notice of termination.
(3) Upon termination of this Agreement pursuant to Section 9(d)(1) above,
no party shall have any further liability or obligation to the other party
except as expressly set forth in this Agreement; provided that no party
shall be relieved of any liability for breach of this Agreement for events
or obligations arising prior to such termination.
Section 10. Litigation Costs[Venue: In the event that the Municipality or the County
institutes any action or suit to enforce the provisions of this Agreement, the
prevailing party in such litigation shall be entitled to reasonable costs and attorney's
fees at the trial, appellate and post -judgment levels. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. The
County and the Municipality 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 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.
Building Better Communities Municipal Agreement 6 of 10
Section 11. Naming Rights and Advertisements: In the event that any naming
rights or advertisement space is offered on a facility constructed or improved with
BBC GOB Program funds, then Miami -Dade County's name, logo, and slogan shall
appear on the facility not less than once and equal to half the number of times the
most frequent sponsor or advertiser is named, whichever is greater. Lettering used
for Miami -Dade County will be no less than 75% of the size of the largest lettering
used for any sponsor or advertiser unless waived by the Board. The Municipality
must include the following credit line in all promotional marketing materials related to
this funding including web sites, news and press releases, public service
announcements, broadcast media, programs, and publications: "THIS PROJECT IS
SUPPORTED BY THE BUILDING BETTER COMMUNITIES BOND PROGRAM
AND THE MAYOR AND BOARD OF COUNTY COMMISSIONERS OF MIAMI-
DADE COUNTY."
Section 12. Notice: Any notice, consent or other communication required to be
given under this Agreement shall be in writing, and shall be considered given when
delivered in person or sent by facsimile or electronic mail (provided that any notice
sent by facsimile or electronic mail shall simultaneously be sent personal delivery,
overnight courier or certified mail as provided herein), one business day after being
sent by reputable overnight carrier or 3 business day after being mailed by certified
mail, return receipt requested, to the parties at the addresses set forth below (or at
such other address as a party may specify by notice given pursuant to this Section
to the other party):
The County: The Municipality:
George M. Burgess, County Manager Danny O. Crew, City Manager
Miami -Dade County, Stephen P. Clark Center City of Miami Gardens
111 NW 1 Street, Suite 2910 1515 NW 167 Street, Suite 200
Miami, Florida 33128 Miami Gardens, Florida 33169
Section 13. Modification and Amendment: Except as expressly permitted herein
to the contrary, no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed
with the same formality and equal dignity herewith.
Section 14. Joint Preparation: The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against one of the parties than the
other.
Section 15. 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.
Section 16. Waiver: There shall be no waiver of any right related to this Agreement
unless in writing and 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. Waiver by any party of any breach of any provision of this
Building Better Communities Municipal Agreement 7 of 10
Agreement shall not be considered as or constitute a continuing waiver or a waiver
of any other breach of the same or any other provision of this Agreement.
Section 17. Representation of the Municipality: The Municipality represents that
this Agreement has been duly authorized, executed and delivered by Mayor and
Commissioners, as the governing body of the City of Miami Gardens, Florida and it
has granted the City Manager, or his designee, the required power and authority to
execute this Agreement. The Municipality agrees to a) maintain Project 54-70551
for a minimum of 25 years, b) agrees to govern itself, in regards to the subject
Project, in accordance with Article 6 of the County Charter, c) keep Project 54-70551
open safely and properly maintained for all Miami -Dade County residents, and d)
allow all Miami -Dade County residents equal access and use of Project 54-70551
and not discriminate when charging facility admission fees based on where a
resident resides in the County. The Municipality also agrees to accept and comply
with the Administrative Rules as stated in Attachment 1 and as may hereafter be
amended.
Section 18. Representation of the County: The County represents that this
Agreement has been duly approved, executed and delivered by the Board, as the
governing body of the County, and it has granted the Miami -Dade County Manager
the required power and authority to execute this Agreement. The County agrees to
provide the Funding Cycle Allocation to the Municipality for the purpose of
developing and improving Project 54-70551 In accordance with each of the attached
Exhibit Forms, incorporated herein as Exhibits A -J of Attachment 1 (Administrative
Rules). Miami -Dade County shall only be obligated to reimburse the Municipality
provided the Municipality is not in breach of this agreement and the Municipality has
demonstrated that it has adequate funds to complete Project 54-70551. The County
shall administer, in accordance with the appropriate regulations, the funds available
from the BBC GOB Program as authorized by Board Resolutions. Any and all
reimbursement obligations of the County shall be fully subject to and contingent
upon the availability of funding from the County for the specific purpose contained
herein. The Municipality shall be solely responsible for submitting all
documentation, as required by the specific Administrative Rules incorporated herein
as Attachment 1, to the County Manager or his designee for this purpose.
Section 19. Invalidity of Provisions, Severability: Wherever possible, each
provision of the Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement, provided that the material
purposes of this Agreement can be determined and effectuated.
Section 20. Indemnity: The Municipality does hereby agree to indemnify and hold
harmless the County to the extent and within the limitations of Section 768.28
Florida Statutes, subject to the provisions of that statute, whereby the Municipality
shall not be held liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of $100,000, or any claim or
judgments or portions thereof, which when totaled with all other occurrences,
exceeds the sum of $200,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise solely as a result of the
Building Better Communities Municipal Agreement 8 Of 10
negligence of the Municipality. However, nothing herein shall be deemed to
indemnify the County from any liability or claim arising out of the negligent
performance or failure of performance of the County or any unrelated third party.
The County does hereby agree to indemnify and hold harmless the Municipality to
the extent and within the limitations of Section 768.28 Florida Statutes, 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 judgment by any one person which
exceeds the sum of $100,000, or any claim or judgments or portions thereof, which
when totaled with all other occurrences, exceeds the sum of $200,000 from any and
all personal injury or property damage claims, liabilities, losses or causes of action
which may arise solely as a result of the negligence of the County. However,
nothing herein shall be deemed to indemnify the Municipality from any liability or
claim arising out of the negligent performance or failure of performance of the
Municipality or any unrelated third party.
Section 21. Assignment: The Municipality may not assign all or any portion of this
Agreement without the prior written consent of the County.
Section 22. Entirety of Agreement: This Agreement, and the attachments thereto,
incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained in this
Agreement. 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 all 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 both parties hereto or their authorized
representatives.
Building Better Communities Municipal Agreement 9 of 10
IN WITNESS THEREOF, the parties through their duly authorized representatives hereby
execute this AGREEMENT with an effective date of , 2006.
City of Miami Gardens, Florida
City Manager Date
For the Board of Commissioners,
City of Miami Gardens, Florida
CLERK
Attest:
By:
Clerk Date
MIAMI-DADE COUNTY, FLORIDA
County Manager
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
Deputy Clerk Date
Approved by County Attorney as
to form and legal sufficiency.
Building Better Communities Municipal Agreement 10 of 10
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1515-200 NW 167th Street
N iami Gardens, Florida 33169
City of �44iami Gardens
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilwoman Audrey King
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
MEMORANDUM
To: The Honorable Mayor and City Council
From: Dr. Danny O. Crew, City Manager
Date: July 5, 2006
Re: Interlocal Agreement with Miami -Dade County for Building Better
Communities Bond Program -Park and Recreation Master Plan
Background:
On November 2, 2004, Miami Dade County residents approved the Building Better
Communities General Obligation Bond (GOB) Program. As a result, the City of Miami
Gardens will receive approximately $9.83M over the next five years, which covers the
design and construction for seventeen (17) park projects.
The Administrative Rules for the Building Better Communities Program have been
established and approved by the Board of County Commissioners. As a condition of the
bond program, the City must enter into an Interlocal agreement with Miami Dade County
which sets forth the responsibilities and duties regarding the administration of the
approved project and approved funding Allocation. The agreement specifies the
projects' timeframes, payment terms, budget changes, etc.
The attached resolution requests the City Council to authorize the City Manager to enter
into an Interlocal agreement for the Parks and Recreation Master Plan which entitles the
City to receive $1,671,000 from the Series A Bonds.
Current Status:
At its March 23, 2005 meeting, the City Council awarded non-exclusive contracts for
professional architectural, engineering and planning services to three separate firms for
1 J-7) CONSENT AGENDA
RESOLUTION
PARKS & RECREATION
MASTER PLAN
the design planning of the city's park system. With the approval of the attached
agreement, staff can begin the working with all three firms to start phase one of the
project. (Phase one of the project is the planning phase which includes community
input, conducting surveys and environmental reports (if applicable).
RECOMMENDATION: It is recommended that the City Council approve the proposed
resolution and Interlocal agreement between the City of Miami Gardens and Miami -
Dade County for the project titled "Parks and Recreation Master Plan" in relation to the
Building Better Communities General Obligation Bond.
DC: AP
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RESOLUTION No. 2006-
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
INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY FOR FUNDING
FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION
BOND, FOR THE PARKS AND RECREATION MASTER PLAN, A COPY
OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on November 2, 2004, Miami Dade County residents approved the
Building Better Communities General Obligation Bond (GOB) Program, and
WHEREAS, as a result, the City of Miami Gardens will receive approximately
$9.83M which covers the design and construction of the seventeen (17) park projects,
and funding for the Parks and Recreation Master Plan and
WHEREAS, Miami Dade County has agreed to provide funding for the Parks and
Recreation Master Plan in the amount of $1,671,000, and
WHEREAS, in order to receive the funds, the City must enter into an
Interlocal Agreement with Miami Dade County which sets for the responsibilities
and duties regarding the administration of the approved project and approved
funding allocation,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Paqe 1
Resolution No. 2006-
1 Section 2. AUTHORIZATION: The City Manager and City Clerk are hereby
2 authorized to execute and attest that certain Interlocal Agreement with Miami Dade County
3 for funding from the Building Better Communities General Obligation Bond, for the Parks
4 and Recreation Master Plan, a copy of which is attached hereto as Exhibit "A."
5 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
6 authorized to obtain four (5) fully executed copies of the subject Agreement, with one to be
7 maintained by the City; with two to be delivered to Miami Dade County, and with one to be
8 directed to the Office of City Attorney.
9 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
10 upon its final passage.
11 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
12 GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006.
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SHIRLEY GIBSON, MAYOR
ATTEST:
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW CITY MANAGER
MOVED BY:
VOTE:
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Resolution No. 2006-
Mayor Shirley Gibson
_(Yes)
_(No)
Vice Mayor Oscar Braynon, II
_(Yes)
_(No)
Councilman Melvin L. Bratton
_(Yes)
Councilman Aaron Campbell
_(Yes)
_(No)
(No)
Councilman Ulysses Harvard
_(Yes)
Councilwoman Sharon Pritchett
_(Yes)
_(No)
_(No)
Councilwoman Barbara Watson
_(Yes)
_(No)
SKD/bfc
109550_4.DOC
Page 3
AGREEMENT
BETWEEN
THE CITY OF MIAMI GARDENS, FLORIDA
AND
MIAMI-DADE COUNTY
GOB Project Number 54-72073/Park Renovations and Improvements
Park and Recreation Master Plan
THIS AGREEMENT (the "Agreement") by and between Miami -Dade County, a political
subdivision of the State of Florida (the "County"), through its governing body, the Board of
County Commissioners of Miami -Dade County, Florida (the "Board") and the City of Miami
Gardens, Florida, a municipal corporation organized under the laws of the State of Florida,
through its governing body, the Mayor and Commissioners of the City of Miami Gardens,
Florida (the "Municipality") is entered into this day of 12006.
WITNESSETH
WHEREAS, on July 20, 2004, the Board enacted Resolution Nos. R-912-04, R-913-
04, R-914-04, R-915-04, R-916-04, R-917-04, R-918-04 and R-919-04 authorizing the
issuance of $2.926 billion in general obligation bonds for capital projects and on November
2, 2004, a majority of those voting approved the bond program (the "BBC GOB Program");
and
WHEREAS, the aforementioned Resolutions include specific countywide projects,
neighborhood projects for the Unincorporated Municipal Service Area and municipalities
and associated allocations for activities such as but not limited to development,
improvement, rehabilitation, restoration or acquisition of real property; and
WHEREAS, GOB Project Number 54/Park Renovations and Improvements, (the
"Project") is eligible for funding from the BBC GOB Program in a total amount not to
exceed $9,831,000 (the "Funding Allocation"); and
WHEREAS, the Municipality is undertaking completion of park improvements to all
16 parks in the City of Miami Gardens to include; Rolling Oaks Park (the "Project 54-
70551 "), Vista Verde Park (the "Project 54-71052"), Andover Park (the "Project 54-71053"),
Brentwood Park (the "Project 54-71054"), Brentwood Pool (the "Project 54-71055"),
Buccaneer Park (the "Project 54-71056"), Bunche Park (the "Project 54-71057"), Bunche
Pool (the "Project 54-71058"), Carol City Community Center (the "Project 54-71059"), Carol
City Park (the "Project 54-71060"), Coral Park (the "Project 54-71061 "), Cloverleaf Park
(the "Project 54-71062"), Lake Lucerene Park (the "Project 54-71063"), Myrtle Grove Park
(the "Project 54-71064"), Myrtle Grove Pool (the "Project 54-71065"), Optimist Park (the
"Project 54-71066"), Norwood Pool and Park (the "Project 54-71063"), Scott Park (the
Building Better Communities Municipal Agreement 1 of 10
"Project 54-71063"), and the Parks and Recreation Master Plan (the "Project 54-71063"),
which were specifically approved as part of the BBC GOB Program or are eligible for
funding from one of the programs to be funded under the BBC GOB Program, each as part
of the Project; and
WHEREAS, the Project as a whole is estimated to cost $34,585,000 (the "Total
Project Cost"). Project 54-72073 is estimated to cost $2,273,000 and will be funded from
the sources listed in Exhibit 1; and
WHEREAS, pursuant to the terms of this Agreement the County has agreed to
allocate $1,671,000 from the Series A 2005 Bonds for Project 54-72073 (the "Funding
Cycle Allocation"); and
WHEREAS, the Commissioners of both the County and the Municipality have
authorized, by resolution, their respective managers to enter into this Agreement for each
Funding Cycle Allocation describing their respective roles in the funding for the Project
costs with respect to such Funding Cycle Allocation,
NOW THEREFORE, pursuant to Resolution No. R-595-05, which specifically
authorizes the County Manager to execute such agreements, sub -agreements and other
required contracts and documents, to expend Building Better Communities bond funds
received for the purpose described in the funding request, and in consideration of the
mutual promises and covenants contained herein and the mutual benefits to be derived
from this Agreement, the parties hereto agree as follows.-
Section
ollows:
Section 1. Purpose: The purpose of this Agreement is to clarify the parties' roles
and obligations regarding the funding being provided with respect to Project 54-
72073.
Section 2. Funding Responsibilities:
a. Project Funding Plan: A Project 54-72073 funding plan identifying
the Funding Allocation to be funded by the County solely from BBC
GOB Program proceeds and the costs to be funded by the Municipality
through a local funding plan or written project funding commitments
from third parties is attached as Exhibit 1. Included shall be a projected
timetable for each Funding Cycle Allocation and the amount funded to
date, if any.
b. Representations of the Municipality: The Municipality covenants
and warrants that it has, in combination with the Funding Allocation,
the amount of funding necessary for the completion of Project 54-
72073. The additional sources of funding are listed in Exhibit 1.
C. Responsibilities of the County: The County agrees to provide solely
from BBC GOB Program proceeds for the Funding Cycle Allocation in
an amount equal to $1,671,000. This amount represents a portion of
the amount necessary to complete the Project. This sum shall be
provided in accordance with the reimbursement procedures contained
in the County's GOB Administrative Rules attached as Attachment 1.
In the event that the Project Milestones, as defined and set forth in
Exhibit 1 of this Agreement are not within 10% of completion, the
Building Better Communities Municipal Agreement 2 of 10
dollars to be funded for subsequent Milestones may be delayed for
one calendar year in accordance with the Administrative Rules, see
Section 18 of this Agreement.
Section 3. Effective Date and Term: This Agreement shall take effect upon
execution and shall terminate upon the completion of Project 54-72073, including
the completion of all final closeout documentation.
Section 4. Compliance with Codes and Laws: Each party agrees to abide by all
Applicable Laws necessary for the development and completion of the Project.
"Applicable Law" means any applicable law (including, without limitation, any
environmental law), enactment, statute, code, ordinance, administrative order,
charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ,
injunction, franchise, permit, certificate, license, authorization, or other direction or
requirement of any governmental authority, political subdivision, or any division or
department thereof, now existing or hereinafter enacted, adopted, promulgated,
entered, or issued. Notwithstanding the foregoing, "Applicable Laws" and
"Applicable Laws" shall expressly include, without limitation, all applicable zoning,
land use, DRI and Florida Building Code requirements and regulations, all applicable
impact fee requirements, all requirements of Florida Statutes, specifically including,
but not limited to, Section 255.05 related to payment and performance bonds,
Section 255.20 related to contractor selection and Section 287.055 related to
competitive selection of architects and engineers, all requirements of Chapters 119
and 286 of the Florida Statutes, Section 2-11.15 of the Code (Art in Public Places),
and all other applicable requirements contained in this Agreement and Attachment
1, which exhibit is hereby incorporated in this Agreement by this reference.
Section 5. Contractual obligation to comply with certain County requirements:
All records of the Municipality and its contractors pertaining to the Project shall be
maintained in Miami -Dade County and, upon reasonable notice shall be made
available to representatives of the County. In addition, the Office of Inspector
General of Miami -Dade County shall have access thereto for any of the purposes
provided in Sec. 2-1076 of the Code of Miami -Dade County.
The Municipality shall cause each contract to include a provision that contractor
shall comply with all requirements of Section 2-1076, and that contractor will
maintain all files, records, accounts of expenditures for contractor's portion of the
Work and that such records shall maintained within Miami -Dade County and County
shall have access thereto as provided in this Agreement.
The Municipality shall comply with the requirements of Florida Statutes related to
retainage of funds due a contractor and shall include appropriate language in its
construction contracts and shall require the contractor to include such language in
its subcontracts.
All applicable County Rules, Regulations, Ordinances, Resolutions,
Administrative Orders, and the County Charter referenced in this agreement
are posted on the County's website: "miamidade.gov".
Building Better Communities Municipal Agreement 3 of 10
Section 6. Access and Audits: The Municipality shall maintain adequate records to
justify all charges, expenses, and costs incurred which represent the funded portion
of Project 54-72073 for at least three (3) years after completion of the Project. The
County shall have access to all books, records, and documents as required in this
section for the purpose of inspection or auditing during normal business hours.
Pursuant to Section 2-1076 of the Miami -Dade County Code the County shall have
the right to engage the services of an independent private -sector inspector general
(")PSIG") to monitor and investigate compliance with the terms of this Agrcement.
The Office of the MIAMI-DADE COUNTY INSPECTOR GENERAL (IG) shall have
the authority and power to review past, present and proposed County programs,
accounts, records, contracts and transactions, and contracts such as this Agreement
for improvements some cost of which is funded with County funds.
As such, the IG may, on a random basis, perform audits on this Agreement
throughout the duration of said Agreement (hereinafter "random audits"). This
random audit is separate and distinct from any other audit by the County.
The IG shall have the power to retain and coordinate the services of an
Independent Private Sector Inspector General (IPSIG) who may be engaged to
perform said random audits, as well as audit, investigate, monitor, oversee, inspect,
and review the operations, activities and performance and procurement process
including, but not limited to, project design, establishment of bid specifications, bid
submittals, activities of the Municipality and contractor and their respective officers,
agents and employees, lobbyists, subcontractors, materialmen, staff and elected
officials in order to ensure compliance with contract specifications and detect
corruption and fraud. The IG shall have the power to subpoena witnesses,
administer oaths and require the production of records. Upon ten (10) days written
notice to the Municipality (and any affected contractor and materialmen) from IG, the
Municipality (and any affected contractor and materialman) shall make all requested
records and documents available to the IG for inspection and copying.
The IG shall have the power to report and/or recommend to the Board whether a
particular project, program, contract or transaction is or was necessary and, if
deemed necessary, whether the method used for implementing the project or
program is or was efficient both financially and operationally. Monitoring of an
existing project or program may include reporting whether the project is on time,
within budget and in conformity with plans, specifications, and applicable law. The IG
shall have the power to analyze the need for, and reasonableness of, proposed
change orders.
The IG is authorized to investigate any alleged violation by a contractor of its Code of
Business Ethics, pursuant Miami -Dade County Code Section 2-8.1.
The provisions in this section shall apply to the Municipality, its contractors and their
respective officers, agents and employees. The Municipality shall incorporate the
provisions in this section in all contracts and all other agreements executed by its
contractors in connection with the performance of this Agreement. Any rights that
the County has under this Section shall not be the basis for any liability to accrue to
the County from the Municipality, its contractors or third parties for such monitoring
or investigation or for the failure to have conducted such monitoring or investigation
Building Better Communities Municipal Agreement 4 of 10
and the County shall have no obligation to exercise any of its rights for the benefit of
the Municipality.
Section 7. Relationship of the Parties: The parties agree that the Municipality is an
independent entity responsible solely for Project 54-72073 and not an agent or
servant of the County. No party or its officers, elected or appointed officials,
employees, agents, independent contractors or consultants shall be considered
employees or agents of any other party, nor to have been authorized to incur any
expense on behalf of any other party, nor to act for or to bind any other party, nor
shall an employee claim any right in or entitlement to any pension, workers'
compensation benefit, unemployment compensation, civil service or other employee
rights or privileges granted by operation of law or otherwise, except through and
against the entity by whom they are employed.
Section 8. Liability: The parties to this Agreement shall not be deemed to assume
any liability for the negligent or wrongful acts, or omissions of the oth er party.
Nothing contained herein shall be construed as a waiver, by either party, of the
liability limits established in section 768.28 of the Florida Statutes. The Municipality
acknowledges that the County, its employees, commissioners and agents are solely
providing funding assistance for Project 54-72073 and are not involved in the
design, construction, operation or maintenance of Project 54-72073.
Section 9. Breach, Opportunity to Cure and T ermination:
(a) Each of the following shall constitute a default by the Municipality:
(1) If the Municipality uses the Funding Cycle Allocation for costs not
associated with Project 54-72073 (i.e. ineligible costs), and the
Municipality fails to cure its default within thirty (30) days after
written notice of the default is given to the Municipality by the
County; provided, however, that if not reasonably possible to cure
such default within the thirty (30) day period, such cure period shall
be extended for up to one hundred eighty (180) days following the
date of the original notice if within thirty (30) days after such written
notice the Municipality commences diligently and thereafter
continues to cure.
(2) If the Municipality shall breach any of the other covenants or
provisions in this Agreement other than as referred to in Section
9(a)(1) and the Municipality fails to cure its default within thirty (30)
days after written notice of the default is given to the Municipality by
the County; provided, however, that if not reasonably possible to
cure such default within the thirty (30) day period, such cure period
shall be extended for up to one hundred eighty (180) days following
the date of the original notice if within thirty (30) days after such
written notice the Municipality commences diligently and thereafter
continues to cure.
(b) Each of the following shall constitute a default by the County:
(1) If the County shall breach any of the covenants or provisions in this
Agreement and the County fails to cure its default within thirty (30)
days after written notice of the default is given to the County by the
Building Better Communities Municipal Agreement S of 10
3
Municipality; provided, however, that if not reasonably possible to
cure such default within the thirty (30) day period, such cure period
shall be extended for up to one hundred eighty (180) days following
the date of the original notice if within thirty (30) days after such
written notice the County commences diligently and thereafter
continues to cure.
(c) Remedies:
(1) Upon the occurrence of a default as provided in Section 9(a)(1) and
such default is not cured within the applicable grace period, the
County, in addition to all other remedies conferred by this
Agreement, the Municipality shall reimburse the County, in whole or
in part as the County shall determine, all funds provided by the
County hereunder.
(2.) Either party may institute litigation to recover damages for any
default or to obtain any other remedy at law or in equity (including
specific performance, permanent, preliminary or temporary
injunctive relief, and any other kind of equitable remedy).
(3) Except with respect to rights and remedies expressly declared to
be exclusive in this Agreement, the rights and remedies of the
parties are cumulative and the exercise by any party of one or more
of such rights or remedies shall not preclude the exercise by it, at
the same or different times, of any other rights or remedies for the
same default or any other default.
(4) Any failure of a party to exercise any right or remedy as provided in
this Agreement shall not be deemed a waiver by that party of any
claim for damages it may have by reason of the default.
(d) Termination:
(1) Notwithstanding anything herein to the contrary, either party shall have
the right to terminate this Agreement, by giving written notice of
termination to the other party, in the event that the other party is in
material breach of this Agreement.
(2) Termination of this Agreement by any Party is not effective until five (5)
business days following receipt of the written notice of termination.
(3) Upon termination of this Agreement pursuant to Section 9(d)(1) above,
no party shall have any further liability or obligation to the other party
except as expressly set forth in this Agreement; provided that no party
shall be relieved of any liability for breach of this Agreement for events
or obligations arising prior to such termination.
Section 10. Litigation Costs[Venue: In the event that the Municipality or the County
institutes any action or suit to enforce the provisions of this Agreement, the
prevailing party in such litigation shall be entitled to reasonable costs and attorney's
fees at the trial, appellate and post -judgment levels. This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida. The
County and the Municipality 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 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.
Building Better Communities Municipal Agreement 6 of 10
Section 11. Naming Rights and Advertisements: In the event that any naming
rights or advertisement space is offered on a facility constructed or improved with
BBC GOB Program funds, then Miami -Dade County's name, logo, and slogan shall
appear on the facility not less than once and equal to half the number of times the
most frequent sponsor or advertiser is named, whichever is greater. Lettering used
for Miami -Dade County will be no less than 75% of the size of the largest lettering
used for any sponsor or advertiser unless waived by the Board. The Municipality
must include the following credit line in all promotional marketing materials related to
this funding including web sites, news and press releases, public service
announcements, broadcast media, programs, and publications: "THIS PROJECT IS
SUPPORTED BY THE BUILDING BETTER COMMUNITIES BOND PROGRAM
AND THE MAYOR AND BOARD OF COUNTY COMMISSIONERS OF MIAMI-
DADE COUNTY."
Section 12. Notice: Any notice, consent or other communication required to be
given under this Agreement shall be in writing, and shall be considered given when
delivered in person or sent by facsimile or electronic mail (provided that any notice
sent by facsimile or electronic mail shall simultaneously be sent personal delivery,
overnight courier or certified mail as provided herein), one business day after being
sent by reputable overnight carrier or 3 business day after being mailed by certified
mail, return receipt requested, to the parties at the addresses set forth below (or at
such other address as a party may specify by notice given pursuant to this Section
to the other party):
The County: The Municipality:
George M. Burgess, County Manager Danny O. Crew, City Manager
Miami -Dade County, Stephen P. Clark Center City of Miami Gardens
111 NW 1 Street, Suite 2910 1515 NW 167 Street, Suite 200
Miami, Florida 33128 Miami Gardens, Florida 33169
Section 13. Modification and Amendment: Except as expressly permitted herein
to the contrary, no modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document executed
with the same formality and equal dignity herewith.
Section 14. Joint Preparation: The preparation of this Agreement has been a joint
effort of the parties, and the resulting document shall not, solely as a matter of
judicial construction, be construed more severely against one of the parties than the
other.
Section 15. 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.
Section 16. Waiver: There shall be no waiver of any right related to this Agreement
unless in writing and 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. Waiver by any party of any breach of any provision of this
Building Better Communities Municipal Agreement 7 of 10
Agreement shall not be considered as or constitute a continuing waiver or a waiver
of any other breach of the same or any other provision of this Agreement.
Section 17. Representation of the Municipality: The Municipality represents that
this Agreement has been duly authorized, executed and delivered by Mayor and
Commissioners, as the governing body of the City of Miami Gardens, Florida and it
has granted the City Manager, or his designee, the required power and authority to
execute this Agreement. The Municipality agrees to a) maintain Project 54-72073
for a minimum of 25 years, b) agrees to govern itself, in regards to the subject
Project, in accordance with Article 6 of the County Charter, c) keep Project 54-72073
open safely and properly maintained for all Miami -Dade County residents, and d)
allow all Miami -Dade County residents equal access and use of Project 54-72073
and not discriminate when charging facility admission fees based on where a
resident resides in the County. The Municipality also agrees to accept and comply
with the Administrative Rules as stated in Attachment 1 and as may hereafter be
amended.
Section 18. Representation of the County: The County represents that this
Agreement has been duly approved, executed and delivered by the Board, as the
governing body of the County, and it has granted the Miami -Dade County Manager
the required power and authority to execute this Agreement. The County agrees to
provide the Funding Cycle Allocation to the Municipality for the purpose of
developing and improving Project 54-72073 in accordance with each of the attached
Exhibit Forms, incorporated herein as Exhibits A -J of Attachment 1 (Administrative
Rules). Miami -Dade County shall only be obligated to reimburse the Municipality
provided the Municipality is not in breach of this agreement and the Municipality has
demonstrated that it has adequate funds to complete Project 54-72073. The County
shall administer, in accordance with the appropriate regulations, the funds available
from the BBC GOB Program as authorized by Board Resolutions. Any and all
reimbursement obligations of the County shall be fully subject to and contingent
upon the availability of funding from the County for the specific purpose contained
herein. The Municipality shall be solely responsible for submitting all
documentation, as required by the specific Administrative Rules incorporated herein
as Attachment 1, to the County Manager or his designee for this purpose.
Section 19. Invalidity of Provisions, Severability: Wherever possible, each
provision of the Agreement shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Agreement shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the
extent of such prohibition or invalidity, without invalidating the remainder of such
provision or the remaining provisions of this Agreement, provided that the material
purposes of this Agreement can be determined and effectuated.
Section 20. Indemnity: The Municipality does hereby agree to indemnify and hold
harmless the County to the extent and within the limitations of Section 768.28
Florida Statutes, subject to the provisions of that statute, whereby the Municipality
shall not be held liable to pay a personal injury or property damage claim or
judgment by any one person which exceeds the sum of $100,000, or any claim or
judgments or portions thereof, which when totaled with all other occurrences,
exceeds the sum of $200,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise solely as a result of the
Building Better Communities Municipal Agreement 8 of 10
negligence of the Municipality. However, nothing herein shall be deemed to
indemnify the County from any liability or claim arising out of the negligent
performance or failure of performance of the County or any unrelated third party.
The County does hereby agree to indemnify and hold harmless the Municipality to
the extent and within the limitations of Section 768.28 Florida Statutes, 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 judgment by any one person which
exceeds the sum of $100,000, or any claim or judgments or portions thereof, which
when totaled with all other occurrences, exceeds the sum of $200,000 from any and
all personal injury or property damage claims, liabilities, losses or causes of action
which may arise solely as a result of the negligence of the County. However,
nothing herein shall be deemed to indemnify the Municipality from any liability or
claim arising out of the negligent performance or failure of performance of the
Municipality or any unrelated third party.
Section 21. Assignment: The Municipality may not assign all or any portion of this
Agreement without the prior written consent of the County.
Section 22. Entirety of Agreement: This Agreement, and the attachments thereto,
incorporates and includes all prior negotiations, correspondence, conversations,
agreements, and understandings applicable to the matters contained in this
Agreement. 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 all 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 both parties hereto or their authorized
representatives.
Building Better Communities Municipal Agreement 9 of 10
IN WITNESS THEREOF, the parties through their duly authorized representatives hereby
execute this AGREEMENT with an effective date of , 2006.
City of Miami Gardens, Florida
City Manager Date
For the Board of Commissioners,
City of Miami Gardens, Florida
CLERK
Attest:
By:
Clerk
MIAMI-DADE COUNTY, FLORIDA
County Manager
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
Stephen P. Clark Center
111 NW 1 Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
Deputy Clerk
Approved by County Attorney as
to form and legal sufficiency.
Building Better Communities Municipal Agreement 10 of 10
3
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City .f o W rami Gardens
",zz "Y
1515-200 NW 167 Street
Miami Gardens, Florida 33169
To: City Council Members
From: nny O. Crew, City Manager
Date: July 12, 2006
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Re: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THAT CERTAIN FIRST ADDENDUM TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
GARDENS AND C.S.A. SOUTHEAST, INC., A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE.
As you are aware after many years of stagnant development the City is and has been experiencing
a development boom. There are 37 development projects currently in the planning, permitting
and construction stages. These projects include:
• Over 2,500 housing units including over 600 single family homes and 1800 town homes
and condo's
• Over three quarters of a million square feet of commercial development including two
Super Wal -Marts.
That reality, coupled with the existing damage caused during last hurricane season has severely
taxed the City's resources particularly in the City Building Department. As directed by the City
Council we have moved forward with providing all services necessary to keep up with the
demand. This focus on customer service also resulted in the expansion of the building
departments work space, including additional lobby and reception areas, as well as much needed
file storage space.
J-8) CONSENT AGENDA
RESOLUTION
CSA SOUTHEAST, INC.
AGREEMENT
We have also added additional staff whenever possible increasing staffing levels by about 50%.
Even with all this progress, we have been forced to rely heavily on the professional service
agreement (attached) in order for us to manage the massive volume of permit processing and
resulting inspection work load. Last fiscal year alone we processed and issued about 8,000
permits, conducted over 9,000 plan reviews, and conducted over 21,000 inspections. In order to
maintain and improve on our level of service (particularly since we will far exceed last years
stats this fiscal year) and because we may exceed the current fee limit it is recommended that the
not -to -exceed clause in the existing agreement be removed thereby removing the $300.000.00
fee limit and that the agreement be renewed for an additional two years. However, the annual
Contract amount shall not exceed the annual budgeted amount.
RECOMMENDATION
It is recommended that the City Council adopt this Resolution authorizing the City Manager to
execute that certain First Addendum to the Professional Services Agreement between the City of
Miami Gardens and C.S.A. Southeast, Inc to delete the not -to -exceed amount and to extend the
Contract for an additional two (2) year term.
Attachment.
RESOLUTION No. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST
ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI GARDENS AND CSA SOUTHEAST,
INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A";
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
1 WHEREAS, the City previously entered into an Agreement with CSA Southeast,
2 Inc. ("CSA") whereby CSA was to provide inspection services for plumbing, electrical,
3 mechanical and building plans, processing and inspection -related services, and
4 WHEREAS, the City's Agreement with CSA was based upon an Agreement
5 between CSA and the City of Coral Gables, and
6 WHEREAS, the Agreement between the City and CSA had a not -to -exceed
7 amount of Three Hundred Thousand ($300,000.00) Dollars and contained an option to
8 renew, and
9 WHEREAS, the City may exceed the expenditure of Three Hundred Thousand
10 ($300,000.00) Dollars for the original Contract term, in light of the tremendous amount of
11 development that has taken place in the City, and
12 WHEREAS, the City would like to continue utilizing the services of CSA for an
13 additional two-year term to assist with the backlog of inspections that are required to keep
14 pace with the development in the City,
15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
16 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Paqe 1
Resolution No. 2006-
17 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
18 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
19 made a specific part of this Resolution.
20 Section 2. AUTHORIZATION: The City Council for the City of Miami
21 Gardens hereby authorizes the City Manager to execute that certain First Addendum to
22 the Professional Services Agreement between the City of Miami Gardens and CSA to
23 delete the not -to -exceed amount and to extend the Contract for an additional two (2) year
24 term in accordance with Exhibit "A" attached hereto.
25 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
26 authorized to obtain four (4) fully executed copies of the subject First Addendum to the
27 Professional Services Agreement between the City of Miami Gardens and CSA Southeast,
28 Inc., with one to be maintained by the City; with one to be delivered to CSA Southeast, Inc.
29 and with one to be directed to the Office of City Attorney.
30 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
31
32
33
34
35
36
37
38
39
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006.
ATTEST:
Paqe 2
SHIRLEY GIBSON, MAYOR
Resolution No. 2006-
40
41
RONETTA TAYLOR, CMC, CITY CLERK
42
43
Prepared by SONJA K. DICKENS, ESQ.
44
City Attorney
45
46
SPONSORED BY: DANNY O. CREW, CITY MANAGER
47
48
MOVED BY:
49
50
VOTE:
51
52
Mayor Shirley Gibson
_(Yes)
(No)
53
Vice Mayor Oscar Braynon, II
_(Yes)
(No)
54
Councilman Melvin L. Bratton
_(Yes)
(No)
55
Councilman Aaron Campbell
(Yes)
(No)
56
Councilman Ulysses Harvard
_(Yes)
(No)
57
Councilwoman Sharon Pritchett
!(Yes)
(No)
58
Councilwoman Barbara Watson
(Yes)
(No)
59
60
SKD/bfc
109967_ I . DOC
61
Paqe 3
ADDENDUM TO AGREEMENT WITH CSA SOUTHEAST, INC.
This ADDENDUM is made to that certain Contract by and between THE
CITY OF MIAMI GARDENS (`CITY") and CSA SOUTHEAST, INC. ("Contractor")
executed on August 25, 2004 (`Contract").
WITNESSETH
WHEREAS, the City entered into an Agreement with CSA Southeast, Inc.
("CSA") on August 25, 2004 whereby CSA was to provide inspection services for
plumbing, electrical, mechanical and building plans, processing and inspection -
related services, and
WHEREAS, the City's Agreement with CSA was based upon an agreement
between CSA and the City of Coral Gables, and
WHEREAS, the Agreement between the City and GSA had a not -to -exceed
amount of Three Hundred Thousand ($300,000.00) Dollars, and had the option of
being renewed by the City for additional two-year terms, and
WHEREAS, the City may exceed the expenditure of Three Hundred
Thousand ($300,000.00) Dollars for the original Contract term, in light of the
tremendous amount of development that has taken place in the City, and
WHEREAS, the City would like to continue utilizing the services of CSA for
an additional two-year term to assist with the backlog of inspections that are
required to keep pace with the development in the City,
NOW, THEREFORE, in consideration of the monies herein described and
for other good and valuable consideration, the legal sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. TERM: The term of the Contract is hereby extended for an additional two-
year term from August 25, 2006 through August 25, 2008.
2. NOT TO EXCEED: The Not To Exceed limitation of the Contract is deleted.
However, the annual Contract amount shall not exceed the annual budgeted
amount.
3. INCONSISTENCY: In the event of an inconsistency or contradiction
between the terms hereof and the terms of the Contract, to which this
Addendum is attached, the terms hereof shall control.
4. EFFECT OF ORIGINAL CONTRACT: All terms of the Contract not affected
by this Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year set forth below their respective signatures.
CITY OF MIAMI GARDENS
Shirley Gibson, Mayor Date
ATTEST:
City Clerk
Ronetta Taylor, CMC
Approved as to form and legal
Sufficiency:
Sonja K. Dickens, City Attorney
11
CSA SOUTHEAST, INC.
Signature Date
Print name
77623 2.DOC
. , .'14
0 City of .Miami Gardens
1515-200 NW 167 Street Mayor Shirley Gibson
Miami Gardens, Florida 33169 Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell
Councilman Ulysses Harvard
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
NffAf RAND M
i'
To: City Councilem 'ers
t.
From: Danny O. Cre City Manager
Date: July 12, 2006
Re: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THAT CERTAIN FIRST ADDENDUM TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI
GARDENS AND M.T. CAUSLEY, INC., A COPY OF WHICH IS ATTACHED
HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE.
As you are aware after many years of stagnant development the City is and has been experiencing
a development boom. There are 37 development projects currently in the planning, permitting
and construction stages. These projects include:
• Over 2,500 housing units including over 600 single family homes and 1800 town homes
and condo's
• Over three quarters of a million square feet of commercial development including two
Super Wal -Marts.
That reality, coupled with the existing damage caused during last hurricane season has severely
taxed the City's resources particularly in the City Building Department. As directed by the City
Council we have moved forward with providing all services necessary to keep up with the
demand. This focus on customer service also resulted in the expansion of the building
departments work space, including additional lobby and reception areas, as well as much needed
file storage space.
J-9) CONSENT AGENDA
RESOLUTION
M.T. CLAUSLEY, INC.
AGREEMENT
We have also added additional staff whenever possible increasing staffing levels by about 50%.
Even with all this progress, we have been forced to rely heavily on the professional service
agreement (attached) in order for us to manage the massive volume of permit processing and
resulting inspection work load. Last fiscal year alone we processed and issued about 8,000
permits, conducted over 9,000 plan reviews, and conducted over 21,000 inspections. Because we
have exceeded the limits of the existing agreement, and in order to maintain and improve on our
level of service (particularly since we will far exceed last years stats this fiscal year) it is
recormnended that the not -to -exceed clause in the existing agreement be removed thereby
removing the $300.000.00 fee limit and that the agreement be renewed for an additional two
years. However, the annual Contract amount shall not exceed the annual budgeted amount.
RECOMMENDATION
It is recommended that the City Council adopt this Resolution authorizing the City Manager to
execute that certain First Addendum to the Professional Services Agreement between the City of
Miami Gardens and M.T.Causley, Inc to delete the not -to -exceed amount and to extend the
Contract for an additional two (2) year term.
Attachment.
RESOLUTION No. 2006-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN FIRST
ADDENDUM TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI GARDENS AND M.T CAUSLEY, INC., A
COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
l WHEREAS, the City previously entered into an Agreement with M.T. Causley, Inc.,
2 whereby M.T. Causley, Inc. was to provide inspection services for plumbing, electrical,
3 mechanical and building plans, processing and inspection -related services, and
4 WHEREAS, the City's Agreement with M.T. Causley, Inc. was based upon an
5 Agreement between M.T. Causley, Inc. and the City of Coral Gables, and
6 WHEREAS, the Agreement between the City and M.T. Causley, Inc., had a not -to -
7 exceed amount of Three Hundred Thousand ($300,000.00) Dollars and contained an
8 option to renew, and
9 WHEREAS, the City has exceeded the expenditure of Three Hundred Thousand
10 ($300,000.00) Dollars for the original Contract term, in light of the tremendous amount of
11 development that has taken place in the City, and
12 WHEREAS, the City would like to continue utilizing the services of M.T. Causley,
13 Inc., for an additional two-year term to assist with the backlog of inspections that are
14 required to keep pace with the development in the City,
15 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
16 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Paqe 1
Resolution No. 2006-
17 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
18 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
19 made a specific part of this Resolution.
20 Section 2. AUTHORIZATION: The City Council for the City of Miami
21 Gardens hereby authorizes the City Manager to execute that certain First Addendum to
22 the Professional Services Agreement between the City of Miami Gardens and M.T.
23 Causley, Inc., to delete the not -to -exceed amount and to extend the Contract for an
24 additional two (2) year term in accordance with Exhibit "A" attached hereto.
25 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
26 authorized to obtain four (4) fully executed copies of the subject First Addendum to the
27 Professional Services Agreement between the City of Miami Gardens and M.T. Causley,
28 Inc., with one to be maintained by the City; with one to be delivered to M.T. Causley, Inc.,
29 and with one to be directed to the Office of City Attorney.
30 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately
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upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JULY 12, 2006.
ATTEST:
Paqe 2
SHIRLEY GIBSON, MAYOR
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Mf
Resolution No. 2006-
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA K. DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY O. CREW, CITY MANAGER
MOVED BY
VOTE:
Mayor Shirley Gibson
_(Yes)
(No)
Vice Mayor Oscar Braynon, II
_(Yes)
_(No)
Councilman Melvin L. Bratton
(Yes)
(No)
Councilman Aaron Campbell
_(Yes)
_(No)
Councilman Ulysses Harvard
(Yes)
(No)
Councilwoman Sharon Pritchett
(Yes)
_(No)
Councilwoman Barbara Watson
(Yes)
(No)
SKD/bfc
109967_ 1. DOC
Paqe 3
ADDENDUM TO AGREEMENT WITH M.T. CAUSLEY, INC.
This ADDENDUM is made to that certain Contract by and between THE
CITY OF MIAMI GARDENS ("CITY") and M.T. CAUSLEY, INC. ("Contractor")
executed on August 25, 2004 ("Contract").
WITNESSETH
WHEREAS, the City entered into an Agreement with M.T. Causley, Inc. on
August 25, 2004 whereby M.T. Causley, Inc., was to provide inspection services for
plumbing, electrical, mechanical and building plans, processing and inspection -
related services, and
WHEREAS, the City's Agreement with M.T. Causley, Inc. was based upon
an agreement between M.T. Causley, Inc. and the City of Coral Gables, and
WHEREAS, the Agreement between the City and M.T. Causley, Inc. had a
0 not -to -exceed amount of Three Hundred Thousand ($300,000.00) Dollars, and had
the option of being renewed by the City for additional two-year terms, and
WHEREAS, the City has exceeded the expenditure of Three Hundred
Thousand ($300,000.00) Dollars for the original Contract term, in light of the
tremendous amount of development that has taken place in the City, and
WHEREAS, the City would like to continue utilizing the services of M.T.
Causley, Inc. for an additional two-year term to assist with the backlog of
inspections that are required to keep pace with the development in the City,
NOW, THEREFORE, in consideration of the monies herein described and
for other good and valuable consideration, the legal sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. TERM: The term of the Contract is hereby extended for an additional two-
year term from August 25, 2006 through August 25, 2008.
2. NOT TO EXCEED: The Not To Exceed limitation of the Contract is deleted.
However, the annual Contract amount shall not exceed the annual budgeted
amount.
3. INCONSISTENCY: In the event of an inconsistency or contradiction
between the terms hereof and the terms of the Contract, to which this
Addendum is attached, the terms hereof shall control.
4. EFFECT OF ORIGINAL CONTRACT: All terms of the Contract not affected
by this Addendum shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year set forth below their respective signatures.
CITY OF MIAMI GARDENS
Shirley Gibson, Mayor Date
ATTEST:
City Clerk
Ronetta Taylor, CMC
Approved as to form and legal
Sufficiency:
Sonja K. Dickens, City Attorney
2
CSA SOUTHEAST, INC.
Signature
Print name
77623_2.DOC
Date
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Youth .empowering Action Here!
Since the formation of our youth organization on June 6, we have been meeting once a week
with core students who make up the organization's leadership.
Meeting Minutes for Lely 11, 2006:
• It was a consensus decision amo.na our erouu to chanee out name to- VRAWI An
acronym for Youth Empowering Action Here! We felt our new name would be
more unique, while emphasizing our active role in the community.
City tour of Miami Gardens
• Will be scheduled for Saturday, July 15, 2007 at approximately I Iam.
♦ Group leaders have made a 2 -question survey for the residents of Miami
Gardens to help us understand what they feel is necessary for change:
- What is the best or most positive thing about the City of Miami Gardens?
- What change or types of activities do you think are necessary to reduce the
violence in your community?
• We will bring disposable cameras and other materials to help tis capture the city
as well as understand its need to be more peaceful.
i We offer an open invitation to the Miami Gardens City- Council to join us on
the tour, if your schedule permits.
Youth Service Amcrica- Youth Venture Action Plan
• What it is: a resource to help plan and launch successful youth -created and youth -
led programs through their "Action Plan" and giving up to $1,000.00 as start up
funds to youth groups they kel are of merit and credibility. (Please see attached)
♦ YEAR's Action Plan
• Our organization feels we are perfect for this resource because we are for
the youth and made by the youth. We will emphasize in the Action Plan,
our goal: to reduce violence in the city of Miami Gardcns through
meaningful community service that will bring together at -risk youth with
positive young leaders to form constructive friendships. We will
emphasize a vision of a more peaceful community through the "positive"
peer pressure YEAH! will bring to Miami Gardens.
Service for Peace
• We work in conjunction with Service For Peace through participation its their
monthly community service activities.
Thank you for your time and all of your support to our group.
Sincerely,
YEAH! Members
Ebony Gray
Stephanie Lafrance
Lat'Neisha Ponders
Aylin Ruiz
Luis Reyes
Miguel Arroyo
Aemi Thorne
Jade Thorne
"FROM :'SK TRADING CORP FAX NO. :3052347361 Jul. 12 2006 04:05PM P3
Youth Venture
Dream I Do M
Youth. Service America - YouthVenture
Partnership Program
.ACTION PLAN
A resource to pian and launch a successful Venture and the
gateway to become a part of the global network of young
people creating and leading positive social change.
0 YSA Youth Venture, 2006_
A!! rights reserved.
"Youth Advisory Council" ()LAC) meeting minutes
June 27, 2006
Miami Dade College north campus
In attendance:
Ebony Gray — Miami Carol City High
Stephanie Lafrance — Miami Carol City High
Aylin Ruiz — Florida International University
Lar'Nesheia Ponders — Miami Carol City High
Jessica Hope — Miami Carol City High
Edward Ponders - DASH
Aemi Thorne — Miami Dade College
Larnecia Ponders — Norland Middle
Jade Thorne — SUNY Purchase (State University of New York)
Cierra Johnson — Norland Senior High
Cassandra Murphy — Miami Dade Police Academy
Lili Kato - SFP
Aylin — Brief introduction to Service For Peace, goals and objectives
- Brief outline of what "Youth Advisory Council" (YAC) is and what it stands for
Cierra- Norland's student population is not interested in education
- students are more involved with negative activities
- there is a gang problem at our school
Larnecia — we need more security guards at our school to make it feel more safe
-the guards that are already there do not help with the situation
Aylin — perhaps students express violence at school and in the neighborhood because
they experience it at home
- violence is a way for some students to express their feelings
Jessica — student violence happens because of a lack of home training
- no discipline at home — chaotic home life — too much teen pregnancy
Jade — need to develop community as a family, an extended family
- give the youth some sense of guidance especially if they do not receive it at
home
Aylin — the youth need a voice
- our planned tour of the city of Miami Gardens will help us get to know the city
better
Jessica — what exactly is YAC and how will it help?
Edward — how is this group/program different?
Aylin — this is a youth group started by youth with the goal of creating a peaceful
environment in our communities
- the focus is on peace making and peace building
- there are other programs in school like DARE & DFYIT that address drugs, but
we will address violence and its root causes, finding/creating solutions
Aemi - there can be different levels of membership and involvement but
- the core members of the group must have the passion and ownership
Keep the city council aware of what we do - compile our meeting's minutes to be emailed
out to all YAC members and to the city council members
Lar'Nesheia — can these YAC meetings be considered as community service?
- the YAC needs to develop better relating methods to the youth while addressing
the different issues that concern them
- keep the relationship as peer -advising -peer
These YAC meetings do meet the criteria for community service hours.
Ebony — we should plan for fun activities in the neighborhoods (sports, sport
competitions, etc.)
- youth have too much time on their hands and nothing to do and that's when they
get into trouble
- design fun activities that have some kind of educational/community service
component to it so that the youth can get community service hours for participating
Jade — after the tour of the city of Miami Gardens we should compile a list of activities,
etc. based on what the residents say they need in their communities
First YAC activity — Tour of City of Miami Gardens on Saturday, July 15, 2006
Meeting place — Miami Dade County Regional Library in Miami Gardens at 11:00 AM
Prepared — Two questions to ask residents while on tour:
1) What is the best or most positive thing about the City of Miami Gardens?
2) If you could change anything about the city of Miami Gardens what would it be?
Based on these 2 questions we can engage the residents in a constructive and positive
conversation which will help us in developing our group, program and activities.
Cassandra — combine YAC and Service For Peace with the Police Academy to create and
participate in community service projects
Next meeting is Tuesday, July 4 at the Regional library in Miami Gardens at 7:00 PM
Answer the 7 questions that Ebony brought tonight and bring to next meeting.
Minutes by Stephanie Lafrance