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Home My WebLink AboutJanuary 14, 2009 Council Agenda CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: January 14, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: January 28, 2009 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Aaron Campbell Jr. Councilman André Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III City Manager Danny O. Crew City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115 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 D-1) Regular City Council Minutes – December 10, 2008 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) Regular City Council Agenda F-1) Optimist Club Super Bowl Winners January 14, 2009 Page 1 Regular City Council Agenda January 14, 2009 Page 2 F-2) City Manager’s Annual Review A. Special Presentation F-3) Budget Status Report A. October 2008 Budget Status Report B. November 2008 Budget Status Report F-4) City of Miami Gardens’ Police Department Monthly Report F-5) Shakespeare in the Gardens – Collen Stovall, Shakespeare Miami F-6) Presentation – Parks and Recreation Advisory Committee F-7) Keep Miami Gardens Beautiful – Tsahai Codner, Director (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE ENTITLED “CERTIFICATE OF RE-OCCUPANCY”; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) (Deferred from December 10, 2008) H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF TWO MILLION DOLLARS ($2,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA EQUIPMENT ACQUISITION REVENUE BONDS NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS (WARREN Page 2 of 307 Regular City Council Agenda January 14, 2009 Page 3 HENRY PROPERTY) NOT TO EXCEED SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) H-4) AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR MULTIFAMILY USES IN ALL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, ZONING PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 5 OF ORDINANCE NO. 2005-10-48, THE CITY’S PURCHASING ORDINANCE, IN ORDER TO PROVIDE AUTHORITY FOR THE CITY MANAGER TO EXECUTE PURCHASING SALES AGREEMENTS AND ANY AND ALL OTHER DOCUMENTS NECESSARY IN ORDER TO PURCHASE AND/OR TRANSFER PROPERTY IN ACCORDANCE WITH THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR A SUNSET PROVISION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – December 10, 2008) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN AARON CAMPBELL, JR.’S APPOINTMENT OF NATALIE E. OCE TO THE CHARTER REVIEW COMMISSION IN Page 3 of 307 Regular City Council Agenda January 14, 2009 Page 4 ACCORDANCE WITH SECTION 6.2 OF THE CITY OF MIAMI GARDENS’ CHARTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN CAMPBELL) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE CITY MANAGER’S PURCHASE OF A POLICE DOG FROM METRODADE K-9 SERVICES IN THE AMOUNT OF $12,500.00; WAIVING COMPETITIVE BIDDING AND NEGOTIATING; AUTHORIZING EXECUTION OF A CONTRACT AFTER THE FACT; PROVIDING FOR A NUNC PRO TUNC EFFECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) 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 AGREEMENT FOR CONSULTING SERVICES WITH THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP) TO PROVIDE TESTING AND ASSESSMENTS FOR THE CITY’S POLICE DEPARTMENT, 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-4) 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 CONTRACT RENEWAL AP 798 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; EXTENDING THAT CERTAIN MAINTENANCE AGREEMENT ENTERED INTO ON DECEMBER 11, 2006 FOR AN ADDITIONAL PERIOD OF ONE (1) YEAR; 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 AND CITY CLERK TO EXECUTE AND ATTEST, Page 4 of 307 Regular City Council Agenda January 14, 2009 Page 5 RESPECTIVELY, SERVICE AGREEMENTS WITH LISA E. MEYERS-ARCHER, P.A., CLAUDIENNE HIBBERT, P.A., AND PHILLIP & DONNA BARRETT FOR ACQUISITION AND DISPOSITION SERVICES RELATING TO THE NEIGHBORHOOD STABILIZATION PROGRAM AND THE CITY’S APPROVED ACTION PLAN AMENDMENT, COPIES OF WHICH ARE 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 ISSUANCE OF A CHANGE ORDER IN THE AMOUNT OF SEVENTY-SEVEN THOUSAND ONE HUNDRED TWELVE DOLLARS ($77,112.00) TO R.E. CHISHOLM ARCHITECTS, INC., FOR CONSTRUCTION AND ADMINISTRATION SERVICES FOR THE MIAMI CAROL CITY PARK RECREATIONAL BUILDING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE 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 TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO SUPPORT SHAKESPEARE MIAMI’S PRODUCTION OF MACBETH; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) (K) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO PURSUE LITIGATION AGAINST MIAMI-DADE COUNTY RELATING TO THE HALFCENT TRANSPORTATION SALES SURTAX; DIRECTING THE CITY ATTORNEY AND CITY MANAGER TO ENGAGE OTHER MUNICIPALITIES WHO HAVE AN INTEREST IN PURSUING LITIGATION AGAINST MIAMI-DADE COUNTY; PROVIDING FOR REPORTING REQUIREMENTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) Page 5 of 307 Regular City Council Agenda January 14, 2009 Page 6 K-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO INITIATE LITIGATION AGAINST TLMC, INC., FOR FAILURE TO PAY ITS SUB-CONTRACTOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1) City Attorney Report – Charter Review Commission L-2) City Manager’s Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN (O) COMMUNICATIONS FROM THE PUBLIC (P) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 307 Page 7 of 307 ITEM F3-A) PRESENTATION October 2008 Budget Status Report Page 8 of 307 Page 9 of 307 Page 10 of 307 Page 11 of 307 Page 12 of 307 Page 13 of 307 Page 14 of 307 Page 15 of 307 Page 16 of 307 Page 17 of 307 Page 18 of 307 Page 19 of 307 Page 20 of 307 Page 21 of 307 Page 22 of 307 Page 23 of 307 Page 24 of 307 Page 25 of 307 Page 26 of 307 Page 27 of 307 Page 28 of 307 Page 29 of 307 Page 30 of 307 Page 31 of 307 Page 32 of 307 Page 33 of 307 Page 34 of 307 Page 35 of 307 Page 36 of 307 Page 37 of 307 Page 38 of 307 Page 39 of 307 Page 40 of 307 Page 41 of 307 Page 42 of 307 Page 43 of 307 Page 44 of 307 Page 45 of 307 Page 46 of 307 Page 47 of 307 Page 48 of 307 ITEM F3-B) PRESENTATION November2008 Budget Status Report Page 49 of 307 Page 50 of 307 Page 51 of 307 Page 52 of 307 Page 53 of 307 Page 54 of 307 Page 55 of 307 Page 56 of 307 Page 57 of 307 Page 58 of 307 Page 59 of 307 Page 60 of 307 Page 61 of 307 Page 62 of 307 Page 63 of 307 Page 64 of 307 Page 65 of 307 Page 66 of 307 Page 67 of 307 Page 68 of 307 Page 69 of 307 Page 70 of 307 Page 71 of 307 Page 72 of 307 Page 73 of 307 Page 74 of 307 Page 75 of 307 Page 76 of 307 Page 77 of 307 Page 78 of 307 Page 79 of 307 Page 80 of 307 Page 81 of 307 Page 82 of 307 Page 83 of 307 Page 84 of 307 Page 85 of 307 Page 86 of 307 Page 87 of 307 Page 88 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: Resolution Ordinance Other x Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X x Public Hearing: Yes No Yes No x Funding Source: General Fund Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Councilman Andre’ Williams Department: Planning and Zoning Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE ENTITLED “CERTIFICATE OF REOCCUPANCY”; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The Re‐Occupancy Ordinance was deferred at the December 10, 2008 City Council meeting so that refinements to the ordinance could be made as well as to accomplish additional research of potential costs to implement the program. Changes to the ordinance are summarized as follows: 1. Added a “Whereas” clause to clarify the Building Code’s potential relationship to this ordinance (see line 12 of ordinance); removed other references to the Building Code. 2. Deleted the requirement that banks obtain a re‐occupancy inspection upon foreclosure. Instead, they will only be required to obtain a certificate when they transfer the property. 3. Included a warning provision to alleviate concerns about innocent purchasers not having knowledge or opportunity to obtain the certificate. 4. Amended provisions relating to the Manager's authority to enter into settlement agreements. ITEM H-1) ORDINANCE FIRST READING Certificate of Re-Occupancy Page 89 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 As previously noted, due to the City’s aging housing stock, many property owners have over time, modified their structure. In several instances, these modifications were done without appropriate permits and resulted in the housing unit being out of compliance with current zoning and building requirements. Over time as these units were sold, the new owners inherited conditions for which they were not responsible or aware. The purpose of this ordinance is to ensure that housing units are primarily in compliance with current zoning requirements, specifically as it pertains to use. The intent of this legislation is to insure that new homeowners in Miami Gardens will know that they are purchasing a home free from any major zoning violations, which ultimately would become that property owner’s responsibility to correct. The proposed legislation would also provide an avenue for the City to uncover and correct unlawful violations of the zoning code, which often involves illegal dwelling units that can become a nuisance to the surrounding community. The proposed effective date of this Ordinance is October 1, 2009. By establishing this delayed effective date, the City will have an opportunity to prepare property owners for its implementation. Preparations will include: 1. Publicity and Community Outreach Campaign • Brochure Handout/Mailer similar to Sign Code Brochure. Estimate 4‐5,000 copies. • Contact with Realtors, Title Companies, Lawyers, Banks, and related businesses, Miami Gardens and surrounding area • Advertisements in Herald • Public Meetings 2. Establishment of Administrative Procedures The re‐occupancy process involves the creation of a new permit type in the Eden permitting system and the creation of policies and procedures for the inspection and administration of the program. Current Situation Regarding fiscal impact of this program, a revised analysis/comparison chart of other municipalities is provided below. An estimate for the City of Miami Gardens is included in the chart. This estimate is based on established programs in the cities of North Miami and Hialeah, as they are the most comparable in terms of total number of housing units. The estimated fee for this program is $115.00 for the initial re‐occupancy certification application. As it relates to the expected cost of the program, Staff provides two long term options: Page 90 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Option # 1 (High) • Salaries‐$129,870 (includes fringes) o 1 Building Inspector @$73,000 o 1 administrative clerk @$26,900 • Operating expenses‐$30,000 o 1 vehicle (inclusive of maintenance & fuel) o Office space/equipment Total for Option # 1: $159,870 Option # 2 (Low) • Salaries‐$89,570 (includes fringes) o 1 Code officer @$42,000 o 1 administrative clerk @$26,900 • Operating expenses‐$30,000 o 1 vehicle (inclusive of maintenance & fuel) o Office space/equipment Total for Option # 2: $119,570 While the above mentioned options consider the long term operating costs of this program, it is possible to entertain a limited staffing level during program start‐up. Given today’s changing real estate environment, it is difficult to estimate the volume of home sales which would result in re‐occupancy applications/inspections. Additionally, due to budget constraints within the Development Services Fund, concern was raised regarding incurring administrative costs for a program that may not be self‐supporting. Therefore, it is proposed that the City utilize existing staff for program start‐up and then determine if there is a need for additional staff based on volume. Staff would need to monitor sales volume to insure that sufficient resources are available to meet program demand. The attached amended Ordinance requests Council approval on 1st reading, to implement the re‐occupancy certificate program. If adopted, a fee resolution will be drafted for Council’s consideration prior to implementing this program. Page 91 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Comparison Table ‐January 2008 Jurisdiction Fee Schedule Process Time (Days) Number of Staff Positions/Salary Total Housing Units: Per 2000 Census Annual Applications History 2008 App's Estimated Annual Revenue (2008 X min. fee) Miami Gardens $115.00 -2 Code officer/$42,000 Clerk/$26,900 30,988 -765** $ 87,975.00 North Miami SF $75.00/$300.00; Apt (4 units) $150.00/$600.00; Each Addn'l -$7.50/$20.00 10/2 expedited 2 Inspector/$52,000 Clerk/$22,500 22,281 2004-2005: 2100 932 $ 69,900.00 Hialeah $50.00/$100.00 30/10 expedited 2 Inspector/$55,000 Building Code Clerk/$25,500 72,142 2005: 1352 2006:1386 2007: 446 545 $ 27,250.00 Biscayne Park $75.00/$100.00 30 /1-2 expedited 2 Code Inspector/$19/hr Clerk/$28,000 1,341 2005-2006: 2000 35 $ 2,625.00 El Portal $70.60 2-3 1 Building Inspector/$50,700 878 2006-2007: 52 38 $ 2,682.80 Miami Shores $60.60 7 2 Inspector/$56,500-$ 62,000 3,836 2005-2006: 34 42 $ 2,545.20 ** Estimate based on North Miami & Hialeah’s 2008 applications: an average of total applications divided by total housing units X total number of housing units in Miami Gardens. Page 92 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilman Andre Williams recommends approval of the revised Re‐Occupancy Ordinance that creates a program requiring the issuance of a Certificate of Re‐Occupancy in the City of Miami Gardens. Attachment: None Page 93 of 307 ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE ENTITLED “CERTIFICATE OF REOCCUPANCY”; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is incumbent upon the City to ensure that properties are constructed in accordance with the City’s Zoning regulations, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, it has been brought to the City’s attention that, on several occasions, properties that are not in compliance with the City’s Zoning regulations have been transferred to new owners without their knowledge, and WHEREAS, the City of Miami Gardens, along with other cities across the Nation, is experiencing a high foreclosure rate and at some point these homes will be transferred to new owners, and WHEREAS, the purpose of this Ordinance is to ensure that prior to residential properties being transferred, the City is able to confirm that the properties meet the current City zoning requirements, and WHEREAS, the stated purpose and intent of this Ordinance is compliance with Zoning regulations, provided however, the City recognizes that compliance with such Zoning regulations may also cause the need to comply with other City Codes, including but not limited to Building Code and life safety requirements, and Page 94 of 307 WHEREAS, staff intends to undertake an educational component prior to enforcing this Ordinance, to make the public aware of the existence of the Ordinance and its requirements, 16 17 18 19 20 21 22 23 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. CREATION OF ORDINANCE: There is hereby created in the City of Miami Gardens an Ordinance entitled "Certificate of Re-Occupancy" as follows: 26 Section 1. Purpose 27 28 29 30 31 32 33 34 The Purpose of this Ordinance is to ensure that prior to a residential property being conveyed to a new ownership, that the City is able to confirm that the property meets the current City zoning requirements; that the premises are being used solely for residential purposes; and that the premises have not been unlawfully altered, in violation of the City’s Zoning Codes. 35 Section 2. Certificate of Re-Occupancy Required 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Prior to the purchase, sale, conveyance and transfer of title to any single-family, condominium, duplex, triplex townhouse dwelling unit, or apartment complex consisting of four (4) or more units, a certificate of reoccupancy must be obtained. This section shall not apply in instances where property has been transferred by virtue of a certificate of title issued after a foreclosure sale. However, prior to any reoccupancy of such foreclosed property, a certificate of reoccupancy shall be obtained. The certificate of re-occupancy, if issued, shall state that the city has inspected the dwelling and determined that the dwelling complies with the residential occupancy regulations of the zoning district in which the property wherein the dwelling unit is located and does not contain any uncorrected building violations. Page 95 of 307 52 Section 3. Application 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 1. It shall be unlawful for any person, firm or corporation to buy, sell convey, transfer or occupy or cause the occupancy of any single-family, condominium, duplex, triplex or townhouse dwelling unit, or apartment complex consisting of four (4) or more units owned by such person, firm or corporation, which property has been sold, transferred or conveyed to such person, firm or corporation after the effective date of this ordinance unless a certificate of re-occupancy has been issued by the director of the Development Services Department or his/her designee. The certificate of re-occupancy, if issued, shall state that a city inspector has inspected the dwelling and has determined that the dwelling meets the residential occupancy regulations of the zoning district in which the dwelling unit is located. 2. It shall be unlawful for any person, firm or corporation to close on the transfer or conveyance of any single family, condominium, duplex, triplex, or townhouse dwelling unit, or apartment complex consisting of four (4) or more units owned by such person, firm or corporation, without first disclosing by written notice to the buyer, grantee or transferee the fact that a certificate of re-occupancy is required in accordance with this Ordinance. Such notice shall be issued on a form to be provided by the City. 3. Application for a certificate of re-occupancy shall be made by the seller or owner or the designated agent, upon a form provided by the city and the payment of an inspection fee to be determined by a separate resolution of the City Council. Said fees shall be paid by the applicant. If dwelling must be inspected within fifteen (15) business days of receipt of the application, an expedited inspection may be requested. There shall also be a fee for expedited inspections, which shall be established by a separate resolution of the City Council. 4. Upon receipt of the application and fee, a city inspector shall inspect the dwelling within thirty (30) days and, if such dwelling is found to be in conformance with the provisions of paragraph 1(a) above, a certificate of re-occupancy shall be issued. If the dwelling is not in conformance with such provisions, the director or the director's designee shall indicate by itemized list corrective action and the certificate of re-occupancy shall be withheld unless and until such provisions are complied with, to the reasonable satisfaction of the director or the director's designee. Page 96 of 307 98 Section 4. Restriction on inspection 99 100 101 102 103 104 105 106 107 108 109 110 Information gained or conditions observed in the course of any inspection conducted pursuant to the authority of this ordinance shall not be utilized by the code enforcement officers of the city as the basis for bringing code enforcement violation proceedings other than as to the residential occupancy regulations of the zoning district in which the dwelling unit is located, and the safety violations directly addressed by the inspection made under this ordinance, as applicable. This shall not preclude other enforcement actions brought upon the basis of information gained or violations observed by other lawful means. 111 Section 5. Exemption 112 113 114 115 116 117 118 119 A certificate of re-occupancy shall not be required for the original transfer or conveyance of a newly constructed single family, duplex, triplex dwelling unit, or apartment complex to any firm, corporation, or individual, or to any transfer that represents the first transaction since the issuance of the original certificate of occupancy. 120 Section 6. Limitation of Liability 121 122 123 124 125 126 127 128 129 130 The issuance of a certificate of re-occupancy does not constitute any representation or warranty as to the condition of the dwelling or other structures on said premises described herein (or any aspect of such condition), and interested persons are advised and encouraged to make their own inspection of the premises in order to determine the condition thereof. The issuance of a certificate of re-occupancy does not prevent the City from making future findings that violations exist that were not found in the any previous inspection(s). 131 Section 7. Payment of Outstanding Lien Amounts 132 133 134 135 136 137 No re-occupancy certificate shall be issued for any property unless the property is in compliance with any outstanding warning notices or notices of violation issued by the City and until the owner of the property has satisfied any and all City City of Miami Gardens liens against the property. 138 Section 8. City Manager Authority 139 140 141 142 143 In the event of a pending real estate transaction, the City Manager shall enter into stipulated settlement agreements for the issuance of conditional certificates of re-occupancy. Such conditional certificates shall provide for a reasonable time for compliance with any outstanding zoning Page 97 of 307 or building code issues and for a fine in the event of noncompliance. Conditional certificates of re-occupancy shall not be issued where lifesafety violations exist on the property. The fee for a conditional certificate of re-occupancy shall be established by separate resolution. The property owner to whom the property is transferred must agree to be bound by the terms of this ordinance and in the event the requisite remedial action does not occur within the timeframe stipulated in the conditional certificate, agrees to be subject to the penalties outlined in Paragraph 10 below. 144 145 146 147 148 149 150 151 152 153 Section 9. Warning Notices 154 155 156 157 158 159 160 Prior to the imposition of any lien or penalty for the failure to obtain a reoccupancy certificate, a warning notice shall be issued to the violator(s) requiring compliance within a reasonable period of time. In the event, the requisite inspection does not occur within the time set by the City, a notice of violation shall be issued. 161 Section 10. Penalties 162 163 164 165 166 167 168 169 170 Any person convicted of a violation of this section shall be punished by a fine not to exceed Five Hundred Dollars ($500.00), or by imprisonment not to exceed sixty (60) days, or both, in the discretion of the County Court. In addition, any property for which an application for reoccupancy inspection and certificate is not filed prior to the sale of said property shall be subject to a fine equivalent to the expedited application fee, payable at the time the late application is filed. 171 Section 11. Amnesty Period 172 173 174 175 176 177 178 179 180 181 182 The provisions of this Ordinance take effect until October 1, 2009. Prior to that date, City staff will undertake steps to educate City residents about the Ordinance and its implementation. Commencing October 1, 2009, all affected persons or entities must comply with its provisions. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 4. 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 Page 98 of 307 and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the 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 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14TH DAY OF JANUARY, 2009. PASSED ON SECOND READING ON THE ______ DAY OF ______________, 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ______ DAY OF ______________, 2009. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Page 99 of 307 212 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. 213 214 215 216 217 218 219 220 221 City Attorney SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS MOVED BY:_____________________ VOTE: _____ 222 Mayor Shirley Gibson (Yes) ___(No) 223 Vice Mayor Barbara Watson (Yes) ___(No) 224 Councilman Melvin L. Bratton (Yes) ___(No) 225 Councilman Aaron Campbell (Yes) ___(No) 226 Councilman Oliver Gilbert, III (Yes) ___(No) 227 Councilwoman Sharon Pritchett (Yes) ___(No) 228 Councilman André Williams (Yes) ___(No) 229 230 231 SKD/teh 8268921_1.DOC Page 100 of 307 ORDINANCE No. 2008-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE ENTITLED “CERTIFICATE OF REOCCUPANCY”; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is incumbent upon the 1 City to ensure that properties are 2 constructed in accordance with the City’s Zoning regulations, and 3 WHEREAS, it has been brought to the City’s attention that, on several occasions, 4 properties that are not in compliance with the City’s Zoning regulations have been 5 transferred to new owners without their knowledge, and 6 WHEREAS, the City of Miami Gardens, along with other cities across the Nation, 7 is experiencing a high foreclosure rate and at some point these homes will be 8 transferred to new owners, and 9 WHEREAS, the purpose of this Ordinance is to ensure that prior to residential 10 properties being transferred, the City is able to confirm that the properties meet the 11 current City zoning requirements, and 12 WHEREAS, the stated purpose and intent of this Ordinance is compliance with 13 Zoning regulations, provided however, the City recognizes that compliance with such 14 Zoning regulations may also cause the need to comply with other City Codes, including 15 but not limited to Building Code and life safety requirements, and Page 101 of 307 WHEREAS, staff intends to undertake 16 an educational component prior to 17 enforcing this Ordinance, to make the public aware of the existence of the Ordinance 18 and its requirements, 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF MIAMI GARDENS, FLORIDA, as follows: 21 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22 Clauses are hereby ratified and confirmed as being true, and the same are hereby 23 made a specific part of this Ordinance. 24 SECTION 2. CREATION OF ORDINANCE: There is hereby created in the City 25 of Miami Gardens an Ordinance entitled "Certificate of Re-Occupancy" as follows: 26 Section 1. Purpose 27 28 The Purpose of this Ordinance is to ensure that prior to a 29 residential property being conveyed to a new ownership, that the City is 30 able to confirm that the property meets the current City zoning 31 requirements; that the premises are being used solely for residential 32 purposes; and that the premises have not been unlawfully altered, in 33 violation of the City’s Zoning Codes. Furthermore, this Ordinance will 34 prevent innocent purchasers from purchasing properties that have been 35 illegally altered. 36 37 Section 2. Certificate of Re-Occupancy Required 38 39 Prior to the purchase, sale, conveyance and transfer of title to any 40 single-family, condominium, duplex, triplex townhouse dwelling unit, or 41 apartment complex consisting of four (4) or more units, a certificate of re42 occupancy must be obtained. This section shall not apply in instances 43 where property has been transferred by virtue of a certificate of title issued 44 after a foreclosure sale. However, prior to any reoccupancy of such 45 foreclosed property, a certificate of reoccupancy shall be Theobtained. 46 The certificate of re-occupancy, if issued, shall state that the city has 47 inspected the dwelling and determined that the dwelling complies with the 48 residential occupancy regulations of the zoning district in which the 49 property wherein the dwelling unit is located located and does not contain any 50 uncorrected building violations. 51 Page 102 of 307 52 53 54 Section 3. Application 55 56 1. It shall be unlawful for any person, firm or corporation to buy, 57 sell convey, transfer or occupy or cause the occupancy of any 58 single-family, condominium, duplex, triplex or townhouse dwelling 59 unit, or apartment complex consisting of four (4) or more units 60 owned by such person, firm or corporation, which property has 61 been sold, transferred or conveyed to such person, firm or 62 corporation after the effective date of this ordinance unless a 63 certificate of re-occupancy has been issued by the director of the 64 Development Services Department or his/her designee. The 65 certificate of re-occupancy, if issued, shall state that a city inspector 66 has inspected the dwelling and has determined that the dwelling 67 meets the residential occupancy regulations of the zoning district in 68 which the dwelling unit is located. 69 70 2. It shall be unlawful for any person, firm or corporation to 71 close on the transfer or conveyance of any single family, 72 condominium, duplex, triplex, or townhouse dwelling unit, or 73 apartment complex consisting of four (4) or more units owned by 74 such person, firm or corporation, without first disclosing by written 75 notice to the buyer, grantee or transferee the fact that a certificate 76 of re-occupancy is required in accordance with this Ordinance. 77 Such notice shall be issued on a form to be provided by the City. 78 79 3. Application for a certificate of re-occupancy shall be made by 80 the seller or owner or the designated agent, upon a form provided 81 by the city and the payment of an inspection fee to be determined 82 by a separate resolution of the City Council. Said fees shall be paid 83 by the applicant. If dwelling must be inspected within fifteen (15) 84 business days of receipt of the application, an expedited inspection 85 may be requested. There shall also be a fee for expedited 86 inspections, which shall be established by a separate resolution of 87 the City Council. 88 89 4. Upon receipt of the application and fee, a city inspector shall 90 inspect the dwelling within thirty (30) days and, if such dwelling is 91 found to be in conformance with the provisions of paragraph 1(a) 92 above, a certificate of re-occupancy shall be issued. If the dwelling 93 is not in conformance with such provisions, the director or the 94 director's designee shall indicate by itemized list corrective action 95 and the certificate of re-occupancy shall be withheld unless and 96 until such provisions are complied with, to the reasonable 97 satisfaction of the director or the director's designee. Page 103 of 307 98 99 100 101 Section 4. Restriction on inspection 102 103 Information gained or conditions observed in the course of any 104 inspection conducted pursuant to the authority of this ordinance shall not 105 be utilized by the code enforcement officers of the city as the basis for 106 bringing code enforcement violation proceedings other than as to the 107 residential occupancy regulations of the zoning district in which the 108 dwelling unit is located, and the safety violations directly addressed by the 109 inspection made under this ordinance, as applicable. This shall not 110 preclude other enforcement actions brought upon the basis of information 111 gained or violations observed by other lawful means. 112 113 114 115 Section 5. Exemption 116 117 A certificate of re-occupancy shall not be required for the original 118 transfer or conveyance of a newly constructed single family, duplex, triplex 119 dwelling unit, or apartment complex to any firm, corporation, or individual, 120 or to any transfer that represents the first transaction since the issuance of 121 the original certificate of occupancy. 122 123 124 Section 6. Limitation of Liability 125 126 The issuance of a certificate of re-occupancy does not constitute 127 any representation or warranty as to the condition of the dwelling or other 128 structures on said premises described herein (or any aspect of such 129 condition), and interested persons are advised and encouraged to make 130 their own inspection of the premises in order to determine the condition 131 thereof. Moreover, tThe issuance of a certificate of re-occupancy does not 132 prevent the City from making future findings that violations exist that were 133 not found in the any previous inspection(s). 134 135 Section 7. Payment of Outstanding Lien Amounts 136 137 No re-occupancy certificate shall be issued for any property unless 138 the property is in compliance with any outstanding warning notices or 139 notices of violation issued by the City and until the owner of the property 140 has satisfied any and all City of Miami Gardens liens against the property. 141 142 143 Section 8. City Manager Authority Page 104 of 307 144 145 In the event of a pending real estate transaction, tThe City Manager 146 shall have authority to enter r into stipulated settlement agreements for 147 theand issueance of conditional certificates of re-occupancy, which shall 148 be executed by the buyer and seller. Such conditional certificates shall 149 provide for a reasonable time for compliance with any outstanding zoning 150 or building code issues and for a fine in the event of noncompliance. A 151 cConditional certificates of re-occupancy shall not be issued where life152 safety violations exist on the property. The fee for a conditional certificate 153 of re-occupancy shall be established by separate resolution. The property 154 owner to whom the property is transferred agrees must agree to be bound 155 by the terms of this ordinance and in the event the requisite remedial 156 action does not occur within the timeframe stipulated in the conditional 157 certificate, agrees to be subject to the penalties outlined in Paragraph I10 158 below. 159 160 161 162 Section 9. Warning Notices 163 164 Prior to the imposition of any lien or penalty for the failure to obtain 165 a reoccupancy certificate, a warning notice shall be issued to the 166 violator(s) requiring compliance within a reasonable period of time. In the 167 event, the requisite inspection does not occur within the time set by the 168 City, a notice of violation shall be issued. 169 170 Section 910. Penalties 171 172 Any person convicted of a violation of this section shall be punished 173 by a fine not to exceed Five Hundred Dollars ($500.00), or by 174 imprisonment not to exceed sixty (60) days, or both, in the discretion of 175 the County Court. In addition, any property for which an application for re176 occupancy inspection and certificate is not filed prior to the sale of said 177 property shall be subject to a fine equivalent to the expedited application 178 fee, payable at the time the late application is filed. 179 180 Section 101. Amnesty Period 181 182 The provisions of this Ordinance take effect until October 1, 2009. Prior to 183 that date, City staff will undertake steps to educate City residents about the 184 Ordinance and its implementation. Commencing October 1, 2009, all affected 185 persons or entities transferring properties that are subject to this ordinance must 186 comply with its provisions. 187 Formatted: Font: Bold Formatted: Indent: Left: 0 pt Page 105 of 307 SECTION 3. CONFLICT: All ordinances 188 or Code provisions in conflict herewith 189 are hereby repealed. 190 SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, 191 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 192 any court of competent jurisdiction, such portion shall be deemed a separate, distinct 193 and independent provision and such holding shall not affect the validity of the remaining 194 portions of this Ordinance. 195 SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the 196 City of Miami Gardens that the provisions of this Ordinance shall become and be made 197 a part of the Code of Ordinances of the City of Miami Gardens and that the sections of 198 this Ordinance may be renumbered or relettered and the word "Ordinance" may be 199 changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the 200 use of which shall accomplish the intentions herein expressed; provided, however, that 201 201 Section 1 hereof or the provisions contemplated thereby shall not be codified. 202 SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective 203 immediately upon its final passage. 204 PASSED ON FIRST READING ON THE 14TH DAY OF JANUARY, 2009. 205 PASSED ON SECOND READING ON THE ______ DAY OF ______________, 206 2008. 207 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 208 GARDENS AT ITS REGULAR MEETING HELD ON THE ______ DAY OF 209 ______________, 2008. 210 211 Page 106 of 307 212 213 ___________________________________ 214 SHIRLEY GIBSON, MAYOR 215 ATTEST: 216 217 218 219 _________________________________ 220 RONETTA TAYLOR, CMC, CITY CLERK 221 222 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. 223 City Attorney 224 225 226 SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS 227 228 MOVED BY:_____________________ 229 230 VOTE: _____ 231 232 Mayor Shirley Gibson (Yes) ___(No) 233 Vice Mayor Barbara Watson (Yes) ___(No) 234 Councilman Melvin L. Bratton (Yes) ___(No) 235 Councilman Aaron Campbell (Yes) ___(No) 236 Councilman Oliver Gilbert, III (Yes) ___(No) 237 Councilwoman Sharon Pritchett (Yes) ___(No) 238 Councilman André Williams (Yes) ___(No) 239 240 SKD/teh 8268921_1.DOC 241 Page 107 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: (Enter Date ) Jan. 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other Yes Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: User funds (Enter Fund & Dept) eneral F de Ex: G olic un P Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x n/a Sponsor Name Danny Crew Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF TWO MILLION DOLLARS ($2,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA EQUIPMENT ACQUISITION REVENUE BONDS NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: As part of the FY‐09 budget, it was indicated that the City would be buying certain major capital equipment for various City Departments including Stormwater, Police, Public Works and Parks. This bond issue will provide the necessary funding. It is a five‐year issue. Funds to repay are included in the operating budget of each department that will get new vehicles. Recommendation: RECOMMENDATION: That City Council approve the 2009 Equipment Bond Ordinance on first reading. Attachment: No attachments ITEM H-2) ORDINANCE FIRST READING Equipment Acquisition Revenue Bonds Page 108 of 307 1 ORDINANCE NO. 2009-___ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF TWO MILLION DOLLARS ($2,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA EQUIPMENT ACQUISITION REVENUE BONDS NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to authorize the borrowing of Two Million Dollars ($2,000,000), and to authorize the issuance of bonds not exceeding Two Million Dollars ($2,000,000) for the purpose of financing or reimbursing a portion of the costs of purchasing vehicles, equipment and machinery for various City departments, and paying costs of issuance of the bonds, and WHEREAS, pursuant to Section 4.3 of the City’s Charter, an ordinance must be adopted in order to authorize the borrowing of money, and WHEREAS, the Council desires that the bonds be secured by the communication services tax and the local government half-cent sales tax, as further specified by subsequent resolution of the Council, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. 33 34 35 36 SECTION 2. AUTHORIZATION: In accordance with the provisions of the Charter of the City of Miami Gardens, Florida and Chapter 166, Florida Statutes, the City Council of the City of Miami Gardens hereby authorizes the borrowing of Two Million Dollars ($2,000,000). The City Council further authorizes Equipment Acquisition Revenue Bonds (the “Bonds”) of the City, to be issued in an aggregate principal amount not to exceed Two Million Dollars ($2,000,000), in one or more series, for the purpose of financing or reimbursing a portion of the costs of purchasing vehicles, equipment and machinery for various City departments, and paying costs of issuance of the Bonds. The Bonds shall be designated “City of Miami Gardens, Florida Equipment Acquisition Revenue Bonds, Series 2009” or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than six (6) years from their date of issuance, shall bear interest from their 37 38 39 40 41 42 43 44 45 46 47 {M1771518_1} Page 109 of 307 {M1771518_1} 2 1 2 3 4 5 6 7 8 9 10 11 dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds, shall be subject to redemption at the option of the City at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution.. The Bonds shall be secured by a pledge of and lien on the communication services tax and the local government half-cent sales tax, on a parity with the City’s outstanding $4,700,000 Equipment Acquisition Revenue Bonds, Series 2008, $14,400,000 Land Acquisition and Improvement Revenue Bonds, Series 2007, $2,500,000 Capital Improvement Revenue Bonds, Series 2005, and $7,500,000 Land Acquisition Revenue Bonds, Series 2005, as further specified by supplemental resolution of the Council. The supplemental resolution may be adopted, and the Bonds may be issued, at any time after the effective date of this Ordinance. SECTION 3. AUTHORIZATION: The City Manager and the City Finance Director are each hereby authorized to negotiate with banks and other financial institutions for the purchase of the Bonds and with respect to the terms of the Bonds. The City Attorney and Bond Counsel to the City are hereby authorized to draft documents and to do all other things necessary to accomplish the issuance and sale of the Bonds. 12 13 14 15 16 17 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 18 19 20 SECTION 5. 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. 21 22 23 24 25 SECTION 6. EFFECTIVE DATE: This Ordinance will become effective immediately upon its final passage. 26 27 28 29 30 31 32 33 34 35 36 PASSED ON FIRST READING THE _____ DAY OF __________, 2009. PASSED ON SECOND READING THE _____ DAY OF __________, 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF _______, 2009. 37 38 39 40 41 42 SHIRLEY GIBSON, MAYOR ATTEST: 43 44 45 46 47 RONETTA TAYLOR, MMC, CITY CLERK Page 110 of 307 {M1771518_1} 3 1 2 3 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 4 5 6 7 8 9 CITY ATTORNEY Prepared by ADORNO & YOSS LLP, Bond Counsel 10 SPONSORED BY: DANNY O. CREW, CITY MANAGER 11 12 13 14 15 16 MOVED BY: SECONDED BY: VOTE: 17 Mayor Shirley Gibson (Yes) (No) 18 Vice Mayor Barbara Watson (Yes) (No) 19 Councilman Melvin L. Bratton (Yes) (No) 20 Councilman Aaron Campbell, Jr. (Yes) (No) 21 Councilman Oliver Gilbert III (Yes) (No) 22 Councilwoman Sharon Pritchett (Yes) (No) 23 Councilman Andre L. Williams (Yes) (No) 24 25 Page 111 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: (Enter Date ) Jan. 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other Yes Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x x Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: User funds (Enter Fund & Dept) eneral F de Ex: G olic un P Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x n/a Sponsor Name Danny Crew Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS (WARREN HENRY PROPERTY) NOT TO EXCEED SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE Staff Summary: The City has a broad responsibility under the law to provide for a viable local economy through adoption of relevant policies, regulations, and economic development activities and recognizes the economic and social value of businesses based in Miami Gardens in playing a significant role in the health and welfare of the residents of the City through employment, tax payments and community involvement. Warren Henry Acquisitions LLC (the “Company”) has been a business leader in the Miami Gardens area for 40 years and is one of the largest City‐based employers and recently purchased a vacant, 15 acre site near the Golden Glades Interchange within the enterprise zone in the City and announced a major relocation and expansion of their dealerships to this site. As a result of the national economic and banking crises, the Company were been notified by the lender for the project that financing was being withdrawn and that the Company needed to secure alternative financing for the property or face the loss of its equity in the property. ITEM H-3) ORDINANCE FIRST READING Warren Henry Property Taxable Land Acquisition Revenue Bonds Page 112 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 As part of its economic development activities and in order to foster economic growth in the enterprise zone, staff has proposed a plan to purchase said property from the Company and lease the property back to the Company for a two year period with the option to purchase it back from the City within that period in order to provide the Company with sufficient time to acquire alternative financing and complete the project. Warren Henry has agreed to pay all costs associated with the borrowing. If for some reason, Warren Henry cannot secure permanent financing, after two years, the City would own the property. The City would be buying the property for approximately $7.2 million. Current appraised value is $10.8 million. Recommendation: RECOMMENDATION: That City Council approve the 2009 Land Acquisition Bond Ordinance on first reading. Attachment: City Manager’s December 10th Memorandum to City Council. Page 113 of 307 1 ORDINANCE NO. 2009-___ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS (WARREN HENRY PROPERTY) NOT TO EXCEED SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has a broad responsibility under the law to provide for a viable local economy through adoption of relevant policies, regulations, and economic development activities, and WHEREAS, the Council recognizes the economic and social value of businesses based in Miami Gardens in playing a significant role in the health and welfare of the residents of the City through employment, tax payments and community involvement, and WHEREAS, Warren Henry Acquisitions LLC (the “Company”) has been a business leader in the Miami Gardens area for 40 years and is one of the largest City-based employers, and WHEREAS, the Company recently purchased a vacant, 15 acre site near the Golden Glades Interchange within the enterprise zone in the City and announced a major relocation and expansion of their dealerships to this site, and WHEREAS, as a result of the national economic and banking crises, the Company has been notified by its lender for the project that financing was being withdrawn and that the Company needed to secure alternative financing for the property or face the loss of its equity in the property, and WHEREAS, as part of its economic development activities and in order to foster economic growth in the enterprise zone, the City desires to purchase said property from the Company and lease lease the property back to the Company for a two year period with the option to purchase it back from the City within that period (the “Lease”), in order to provide the Company with sufficient time to acquire alternative financing and complete the project, and WHEREAS, the City desires to authorize the borrowing of Seven Million Three Hundred Thousand Dollars ($7,300,000), and to authorize the issuance of bonds not exceeding Seven Million Three Hundred Thousand Dollars ($7,300,000) for the purpose of financing the costs of purchasing the property, and paying costs of issuance of the bonds, and {M1771601_3} Page 114 of 307 {M1771601_3} 2 1 2 3 4 5 6 7 8 9 WHEREAS, pursuant to Section 4.3 of the City’s Charter, an ordinance must be adopted in order to authorize the borrowing of money, and WHEREAS, the Council desires that the bonds be secured by Lease revenues and by the public service tax, as further specified by subsequent resolution of the Council, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. 10 11 12 13 SECTION 2. AUTHORIZATION: In accordance with the provisions of the Charter of the City of Miami Gardens, Florida and Chapter 166, Florida Statutes, the City Council of the City of Miami Gardens hereby authorizes the borrowing of Seven Million Three Hundred Thousand Dollars ($7,300,000). The City Council further authorizes Taxable Land Acquisition Revenue Bonds (the “Bonds”) of the City, to be issued in an aggregate principal amount not to exceed Seven Million Three Hundred Thousand Dollars ($7,300,000), in one or more series, for the purpose of financing the costs of purchasing the property identified above, and paying costs of issuance of the Bonds. The Bonds shall be designated “City of Miami Gardens, Florida Taxable Land Acquisition Revenue Bonds (Warren Henry Property), Series 2009” or such other designation as may be approved by supplemental resolution, shall be dated such date, shall be in such denominations, shall be stated to mature in such year or years not later than five (5) years from their date of issuance, shall bear interest at a taxable rate from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds, shall be subject to redemption at the option of the City at such times and prices, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution.. The Bonds shall be secured by Lease revenues and by a pledge of the public service tax, as further specified by supplemental resolution of the Council. The supplemental resolution may be adopted, and the Bonds may be issued, at any time after the effective date of this Ordinance. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 3. AUTHORIZATION: The City Manager and the City Finance Director are each hereby authorized to negotiate with banks and other financial institutions for the purchase of the Bonds and with respect to the terms of the Bonds. The City Attorney and Bond Counsel to the City are hereby authorized to draft documents, including bond documents, a purchase contract and a lease-purchase agreement, and to do all other things necessary to accomplish the issuance and sale of the Bonds and the purchase of the property. 33 34 35 36 37 38 39 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 40 41 42 SECTION 5. 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. 43 44 45 46 Page 115 of 307 {M1771601_3} 3 1 SECTION 6. EFFECTIVE DATE: This Ordinance will become effective immediately upon its final passage. 2 3 4 5 6 7 8 9 10 11 12 PASSED ON FIRST READING THE _____ DAY OF __________, 2009. PASSED ON SECOND READING THE _____ DAY OF __________, 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF _______, 2009. 13 14 15 16 17 18 SHIRLEY GIBSON, MAYOR ATTEST: 19 20 21 22 23 24 25 RONETTA TAYLOR, MMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 26 27 28 29 30 31 32 CITY ATTORNEY Prepared by ADORNO & YOSS LLP, Bond Counsel 33 SPONSORED BY: DANNY O. CREW, CITY MANAGER 34 35 36 37 38 MOVED BY: VOTE: 39 Mayor Shirley Gibson (Yes) (No) 40 Vice Mayor Barbara Watson (Yes) (No) 41 Councilman Melvin L. Bratton (Yes) (No) 42 Councilman Aaron Campbell, Jr. (Yes) (No) 43 Councilman Oliver Gilbert III (Yes) (No) 44 Councilwoman Sharon Pritchett (Yes) (No) 45 Councilman Andre L. Williams (Yes) (No) 46 Page 116 of 307 City of .Miami Gardens 1515-200 NW 167t1 Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilman Andre Williams Councilwoman Sharon Pritchett Councilman Oliver Gilbert III MEMORANDUM To: Mayor and City Council From: Dr. Danny O. Crew City Manager Date: December 10, 2008 Re: Economic Development Assistance – Warren Henry Automobiles, Inc. Background The national credit crisis has hit one of Miami Gardens' largest local employers. As you are aware, Warren Henry Automobiles (WHA) has been planning a major relocation to the 15 acre parcel adjacent to the Golden Glades WalMart for some time. They purchased the property and are currently going through the City's building approval process. Upon purchasing the property, WHA arranged bank financing for the land purchase and subsequent construction of the new facilities. However, earlier this week, WHA was advised by their financing source (iStar Financial) that the loan was being withdrawn. This has left WHA with a serious situation that may result in the closing or relocation of the dealership out of Miami Gardens when their current lease expires in less than 2 years. Challenging times call for innovation and non-linear approaches. When WHA approached the City for our thoughts on this situation, from a city management perspective, I was certainly concerned about the local impact of these four (4) dealerships leaving Miami Gardens: jobs, local restaurants and shops, local suppliers, tax base, inconvenience to local customers, etc. We often hear the expression "Think Globally, Act Locally." This situation presents us with the opportunity to demonstrate our commitment to the local economy in this time of global emergency and gives us the opportunity to jump-start our local economic development mission. The WHA situation is quite unique. WHA is a top ten Miami Gardens-based employer with over 250 employees and it is the second largest Miami-Gardens-based business. The proposed proposed expansion would be an economic boon to the City of Miami Gardens through creation of additional jobs and through 1 Page 117 of 307 a major increase in our tax base. It is estimated that the new facility would pay over $200,000 per year in new taxes to the City alone. In addition, the construction period would also add temporary jobs in our community just when they are needed most, and would generate several hundred thousand dollars in permit revenue to the City. On the other hand, its demise would be a blow to the local economy, our local workforce, and our efforts to maintain a vibrant Miami Gardens. Financing Challenges The challenge in the City helping with this problem is two-fold: Land Acquisition and Construction Financing. • The first challenge is to secure permanent financing for the property. WHA purchased the property in December of 2007 for $9,300,000. It put in initial equity of $2,175,000 of its own money down and has a $7,125,000 mor tgage on the balance. Additionally, through November 2008 WHA has invested another $800,000 into the project on soft costs associated with architects, contractors, civil engineers, land use attorneys, etc. The current mortgage on this property was to become permanently financed in conjunction with the permanent financing of the entire project. Now that the permanent financing has been withdrawn, they are facing a complete loss of the property and their equity in the property within a few months. The goal here is to achieve an extension of the property bridge financing until WHA can arrange for full project financing. The City can play a positive role in this by structuring financing for this portion of the challenge that will be a win-win for our residents no matter what subsequently happens on the construction challenge portion. • Second, once the land issue is resolved. WHA needs to locate alternative construction and permanent financing for the new facilities. Based on conversations with banks and economic development officials, we have been advised that the banks are almost universally not extending credit for such projects in the private sector. WHA is in need of approximately $35 to $38 million in construction/long term financing in order to complete this project. It will take some time in order to arrange this. The City also may be able to play a role in this challenge. The preferred alternative would be for WHA to find financing through a conventional bank. To this end, the City has enlisted the help of the Beacon Council to try and locate lenders that might be willing to finance the project. A second alternative might be for the City to issue a taxable Industrial Development Bond (IDB) for the project financing (also called Private Activity Bonds). These bonds are used by many cities to encourage qualified industrial and commercial development to locate or remain within their jurisdictions. An IDB is not like a traditional "revenue" bond that the City has issued before. Although it would be called a "City of Miami Gardens Industrial Development Bond" or something to that effect, the City really has no role in the bond activities, financing or outcome other than to issue it in the City's name. The City's revenue is not used to back the bond nor does the City have any obligation toward the bondholder if the company should default. The bond does not become part Page 118 of 307 of our general ledger or our outstanding debt burden. An IDB is essentially a private deal between the company seeking financing, and the market (bond buyer), that is run through the City to grant it the appropriate IRS authority. Even with an IDB, there is no assurance that the market will buy the bonds. It depends on the corporation's financial standing and the rating the bond secures before going to market. These bonds can be sold on the open market but are usually sold through a negotiated sale. While these approaches to economic development are new to Miami Gardens, municipalities nationwide provide economic development assistance to business and industry. Programs such as the IDB program have been around for well over 30 years. 3 Recommended Approach -General All cities have at best, limited abilities to assist in economic development of their communities as our resources are not limitless. However, if the City is to ever seriously consider such assistance, this is the time and this is a prime candidate. Warren Henry Automobiles has been located in the Miami Gardens community for over 30 years. It has been a strong supporter of the City ever since incorporation. It is one of our top employers and has an important impact on the local economy. As indicated earlier, the City can assist WHA in this endeavor in such a way as the residents will ultimately win no matter what the final outcome, as follows: • Successful completion of the project: If the City is successful in providing a temporary bridge loan to WHA and they are able to successfully secure financing for the project, then the City will have helped save a major Miami Gardens-based business and saved over 250 jobs. In addition, the City will have enhanced our tax base by over $35 million, resulting in over $200,000 per year in property tax revenue that our residents will not have to pay. • Project is not completed: If, even after the receipt of a new bridge loan for the property, WHA is not successful in securing permanent financing for the project, the property, and WHA's $2,175,000 in equity in that property will become the City's asset. The Council has discussed many times over the past five years of the necessity to "bank" key pieces of land so that the City can control its development future. Unfortunately, the opportunities to do this are few and far between. However, if this project is not completed and the land reverts back to the City, it will have purchased the last major tract of undeveloped land in the Golden Glades area for a bargain price. Whether the City ultimately holds this land for future development or uses it to develop a park or other municipal purpose, we will have made a sound investment in the City's future. Obviously, the first alternative above is the desired result: That would be a win for WHA and a win for City taxpayers. However, if the second alternative were to occur, WHA would be no worse off at that time than compared to what they are facing now; and the taxpayers would still be a winner in the long run. Page 119 of 307 4 Outline of Phase I: Land Acquisition Activity What follows is a simple step-by-step outline of the tasks that would have to be done to complete phase one: 1. City issues a taxable bond for $7.125 million to be sold at a negotiated rate to Wachovia Bank. 2. In a simultaneous closing: a. The City would use the $7 million to Pay-off existing mortgage holder (I-Star Financial). b. WHA would deed the property to the City. c. City and WHA would enter into a 24 month lease for the property at a rate equal to one percent (1%) above the City's cost of capital (Bond interest rate). This will provide the City a modest $70,000/year to cover the debt service plus a modest administrative cost recovery. d. If, at the end of the 24 month period or earlier, WHA receives permanent financing, WHA would repurchase the property at the original $7.125 million price. e. If, at the end of the 24 month period, WHA has not received its permanent financing and building permits, the lease would terminate and the City would own the land unencumbered. Phase 2: Construction/Permanent Financing As indicated earlier, the most pressing challenge right now is to secure a bridge loan for WHA. Once this is done, the City, Beacon Council and WHA can concentrate on finding suitable long term financing. We will have two years to accomplish this. RECOMMENDATION Tough times call for action, and while the City cannot do anything to fix the financial situation in Washington or on Wall Street, the City can use its resources to help lessen the impact of their negative results on Miami Gardens. WHA is the second largest Miami-Gardens-based employer. If the City can do something to help preserve these jobs and the tax base, it should be a top priority, especially when the proposed assistance has a positive outcome for the City whether it succeeds or not. I recommend that City Council authorize the staff to proceed with Phase I of the program as outlined above. Page 120 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: Resolution Ordinance Other x Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X X Public Hearing: Yes No Yes No x Funding Source: General Fund Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Danny Crew, City Manager Department: Planning and Zoning Short Title: AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR MULTIFAMILY USES IN ALL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, ZONING PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background At the December 3, 2008 Zoning Hearing, City Staff provided Council with a presentation of multi-family housing projects within the City. As an outcome of that presentation, the City Council has directed that City staff initiate a comprehensive planning process to study the issue of multifamily housing. An element of this process is to conduct workshops where key stakeholders could participate in the discussion that will affect future land use. Staff is proceeding with assembling all of the information requested by Council for their consideration. ITEM H-4) ORDINANCE FIRST READING Moratorium on Multifamily Uses Page 121 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation The City has recently received a number of requests to re-zone single family zoned properties to multifamily. In light of the information presented to Council, and their requests for a comprehensive study, Staff needs to have an opportunity to study this phenomenon to ensure that the City does not become over proliferated with multifamily uses. As a result, the City Manager is requesting that the City Council issue a twelve (12) month moratorium on the processing of development orders for multifamily uses in the all zoning districts, including but not limited to site plans, development applications, permits and any related actions and/or approvals for such uses within the districts to determine whether these uses should be permitted in the City and if so, pursuant to what regulations. On January 7, 2009, the City Manager issued an Administrative Zoning Moratoria, pursuant to Section 33-323, Administrative Zoning Moratoria of the Zoning Code. This order shall remain in effect until the City Council reviews and approves or denies an Ordinance implementing a formal moratorium. The attached Ordinance formally adopts a moratorium on processing development orders for multi-family housing projects. Proposed Action: Staff recommends approval of the Ordinance that formally adopts a moratorium on the processing of development orders for multi-family housing projects in the City of Miami Gardens. Attachment: • Ordinance • Memo from Dr. Crew, dated January 7, 2009 Page 122 of 307 8314926.1 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE No. 07-AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR MULTIFAMILY USES IN ALL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, ZONING PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, recently the City has received a number of requests to rezone single family zoned properties or take other zoning related actions to permit multifamily development, and WHERES, City staff needs to have an opportunity to study this phenomenon to ensure that the City does not become over proliferated with multifamily uses, and WHEREAS, the City Council has directed that City staff, initiate a comprehensive planning process to study the issue issue of multifamily housing in the City, WHEREAS, the City Manager is requesting that the City Council issue a twelve (12) month moratorium on the processing of development orders for multifamily uses in the all zoning districts, including but not limited to site plans, development applications, permits and any related actions and/or approvals for such uses within the district to determine whether these uses should be permitted in the City and if so, pursuant to Page 123 of 307 Ordinance No. 09 -Page 2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 what regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. ESTABLISHMENT OF MORATORIUM: A moratorium on the processing and permitting of development orders for multifamily uses in all zoning districts, including but not limited to site plans, development applications, permits and any related actions and/or approvals for such uses within all zoning districts is hereby established for a period of twelve (12) months from the effective date of this ordinance. The moratorium is subject to the provisions of Section 3 herein. Except as otherwise provided herein, no department of the City shall issue any zoning permits, development orders, or undertake the review and approval of any site plans, building permits, or development plans with respect to such uses within the City, during the term of the moratorium established hereby. SECTION 3. EXEMPTION: The moratorium established hereby shall not apply to the following: a) Development orders relating to lawfully existing multifamily uses; Page 124 of 307 Ordinance No. 09 -Page 3 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 b) The approval of an application, a bonafide application for which was made six (6) months prior to the effective date hereof; c) Building permits for multifamily uses with approved site plans SECTION 4: STUDY: The City Manager and such other departments of the City, as the City Manager shall deem appropriate shall undertake a study of multifamily uses in all zoning districts and shall report back to the Mayor and City Council the results of any studies. SECTION 5: CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 7. EFFECTIVE DATE: DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 14th DAY OF JANUARY, 2009. PASSED ON SECOND READING ON THE DAY OF , 2009. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 2009. Page 125 of 307 Ordinance No. 09 -Page 4 ___ __________________________ SHIRLEY GIBSON, MAYOR ATTEST: ___________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, City Attorney SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY: VOTE: Mayor Shirley Gibson (Yes) (No) Vice Mayor Barbara Watson (Yes) (No) Councilman Melvin L. Bratton (Yes) (No) Councilman Aaron CampbelI (Yes) (No) Councilman Andre' Williams (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilman Oliver Gilbert III (Yes) (No) Page 126 of 307 City of Miami Gardens 1515 NW 167th Street, Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Aaron Campbell Jr. Councilman Oliver Gilbert III Councilwoman Sharon Pritchett Councilman Andre Williams MEMORANDUM To: Daniel Rosemond, ACM From: Dr. Danny O. Crew Date: January 7, 2009 Subject: Order re: Issuing of Permits – Multifamily Housing As you are aware, the Director of Development Services has initiated a comprehensive planning process to study the issue of multifamily housing in the City. This matter is proceeding forward to City Council for their consideration. Pending completion of this study and implementation of its findings if appropriate, and pursuant to Section 33-323, Administrative Zoning Moratoria of the Zoning Code, I am hereby ordering that no planning actions shall be accepted, processed or issued for any multifamily project in the City. Zoning actions requested prior to today’s date shall continue to be processed as usual. This order shall remain in effect until the Mayor and City Council approve or disapprove a formal ordinance implementing a formal moratorium. First reading of the ordinance will be on the January 14th agenda for their consideration. Please contact me if you have any questions. Sincerely, Danny O. Crew City Manager cc: Mayor and City Council Jay Marder, Development Services Director Cyril Saiphoo, Zoning Administrator Sonja Dickens, City Attorney Page 127 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund Grant & Dept) NSP Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 5 OF ORDINANCE NO. 2005‐10‐48, THE CITY’S PURCHASING ORDINANCE, IN ORDER TO PROVIDE AUTHORITY FOR THE CITY MANAGER TO EXECUTE PURCHASING SALES AGREEMENTS AND ANY AND ALL OTHER DOCUMENTS NECESSARY IN ORDER TO PURCHASE AND/OR TRANSFER PROPERTY IN ACCORDANCE WITH THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR A SUNSET PROVISION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background In accordance with the Neighborhood Stabilization Program (NSP), the City of Miami Gardens is expected to receive $6,866,119.02 to carry out the activities approved in the City’s plan. Said plan was to be incorporated as a Substantial Amendment to the City’s 3rd Year Annual Action Plan. City Council approved the resolution approving the Substantial Amendment at its meeting of November 12, 2008 and City staff submitted the Amendment document to HUD prior to the December 1st deadline. We are now awaiting HUD’s approval of the plan, which is expected to be completed within 30‐45 days. ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Amending the City's Purchasing Ordinance Page 128 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The primary purpose of the NSP Funds is to purchase abandoned/boarded up houses with the intent of rehabbing and reselling them to income eligible buyers. The City’s plan estimates the purchase of approximately 40 single family housing units. Due to the time constraints imposed by the NSP (18 months to use the funds), City staff must work diligently to ensure program compliance. To that end, staff has been assembling the necessary resources to be ready to proceed immediately upon receipt of HUD approval. A critical component of our ability to proceed will be our ability to approve the purchases of identified properties in a timely manner. Currently, the City’s Ordinance NO. 2005‐10‐48 requires that all property transfers be approved by City Council. Staff recommends that said Ordinance be amended to authorize the City Manager to execute purchase/sale agreements in relation to the NSP. The proposed amendment will sunset as of January 1, 2010 and will only be applicable for property transfers done thru the NSP. Current Situation The attached Ordinance (as amended) was approved on 1st reading at the December 10, 2008 City Council meeting. Proposed Action: It is recommended that City Council approve the proposed ordinance amending section 5 of ordinance 2005‐10‐ 48. Attachment: None Page 129 of 307 Ordinance No. ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 5 OF ORDINANCE NO. 2005-10-48, THE CITY’S PURCHASING ORDINANCE, IN ORDER TO PROVIDE AUTHORITY FOR THE CITY MANAGER TO EXECUTE PURCHASING SALES AGREEMENTS AND ANY AND ALL OTHER DOCUMENTS NECESSARY IN ORDER TO PURCHASE AND/OR TRANSFER PROPERTY IN ACCORDANCE WITH THE NEIGHBORHOOD STABILIZATION PROGRAM; PROVIDING FOR A SUNSET PROVISION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, in accordance with the Neighborhood Stabilization Program, the City of Miami Gardens will receive Six Million Eight Hundred Sixty-Six Thousand One Hundred Nineteen Dollars and 02/100 ($6,866,119.02) which the City intends to use for the acquisition and redevelopment of foreclosed property in an effort to decrease the level of blight within the City caused as a result of foreclosures, and WHEREAS, recently the City Council adopted an amendment to its Third-Year Action Plan to account for the additional funding and to provide a plan for use of the funding, and WHEREAS, in accordance with the Plan, the City has authorized the purchase and sale of foreclosed properties, and WHEREAS, it would be appropriate to amend the City’s Purchasing Ordinance to permit the City Manager to have the authority to execute purchase and sales agreements and any and all attendant documents relating to the Neighborhood Stabilization Program, and 1 Page 130 of 307 Ordinance No. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 WHEREAS, it would be time consuming and inefficient if all purchase and sales agreements had to come before the City Council for review and approval, in light of the deadlines that are part and parcel to closing real estate transactions, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. AMENDMENT: Section 5 of Ordinance 2005-10-48 is hereby amended as follows: Section 5: Purchasing agent. The City Manager is the purchasing agent for the City. The City manager may delegate some or all of the purchasing authority, except the authority to make the final decision, to any City employee. The City Manager shall have the authority to do as follows: (A) Purchase or lease or contract for the purchase or lease of commodities or services required for or by the City, in accordance with purchasing procedures prescribed by this division and in accordance with such administrative policies and procedures as the City Manager may prescribe for internal management and operation of the purchasing office; (B) Negotiate and recommend execution of contracts for the purchase of commodities or services; (C) Act to procure for the City the needed quality in commodities or services at lease expense; (D) Discourage uniform bidding and encourage full and open competition on all purchases; (E) Prepare revisions and amendments to the purchasing regulations set forth herein, as necessary, and recommend such revisions and amendments to the City Council; 2 Page 131 of 307 Ordinance No. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 (F) Prepare policies and procedures governing the purchase of commodities or services for the City; (G) Keep informed of current developments in the field of purchasing, prices, market conditions and new projects; (H) Prescribe and maintain such forms as may be reasonably necessary to the operation of this division and other rules and regulations; (I) Supervise the inspection of all commodities and services purchased to ensure conformance with specifications; (J) Transfer surplus commodities between departments as needed; (K) Maintain a vendors list, vendors catalog file and records needed for the efficient operation of the purchasing office; (L) Conduct all sales of surplus property that the City Council may authorize to be sold as having become unnecessary or unfit for the City’s use; (M) Upon direction by the City Council, the City Manager shall have the power to negotiate options on real property for consideration by the City Council so long as any good faith deposit money does not exceed the City Manager’s purchasing limits; however, the City Manager may not purchase or close on the purchase of real property without the direct authorization of City Council. All statutory requirements governing the purchase of real property by a municipality shall be complied with. 65 (N) To execute Purchase and Sales Agreements and any and all other 66 attendant documents that are necessary in order to transfer and purchase 67 properties in accordance with the Neighborhood Stabilization Program and 68 the City’s Amendment to its Third-Year Program Action Plan. The only 69 documents authorized by this provision are those that are required to 70 effectuate the actual transfer of real property. The City Manager shall be 71 required to provide a monthly report of all transfers of real property to the 72 City Council. This section of the Ordinance shall automatically sunset as 73 74 75 76 77 78 79 of January 1, 2010, and should be of no further force and effect. This section does not authorize the City Manager to borrow any money on the City’s behalf, including the financing of any purchases that may be made pursuant to this Ordinance, without the direct authorization of the City Council. SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 3 Page 132 of 307 Ordinance No. 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 SECTION 4. 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 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the 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 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 10TH DAY OF DECEMBER, 2008. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ______ DAY OF ______________, 2009. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK 4 Page 133 of 307 Ordinance No. 5 108 109 110 111 112 113 114 115 116 117 118 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 119 Mayor Shirley Gibson (Yes) ___(No) 120 Vice Mayor Barbara Watson (Yes) ___(No) 121 Councilman Melvin L. Bratton (Yes) ___(No) 122 Councilman Aaron Campbell (Yes) ___(No) 123 Councilman Oliver Gilbert, III (Yes) ___(No) 124 Councilwoman Sharon Pritchett (Yes) ___(No) 125 Councilman André Williams (Yes) ___(No) 126 127 128 SKD/teh 8276181_1.DOC Page 134 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Aaron Campb Councilman ell, Jr. , Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN AARON CAMPBELL, JR.’S APPOINTMENT OF NATALIE E. OCE TO THE CHARTER REVIEW COMMISSION IN ACCORDANCE WITH SECTION 6.2 OF THE CITY OF MIAMI GARDENS’ CHARTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Charter Review Commission, Councilman Aaron Campbell hereby submits his appointee for membership in accordance with the City of Miami Gardens Charter, Article VI, and Section 6.2. Upon approval by the City Council, the committee will recognize Natalie E. Oce, as an appointee of Councilman Campbell. The appointed members of the Commission will determine whether or not an amendment or revision to the City’s Charter is needed and will submit proposals, revisions and suggested amendments to the Council no later than July 1st, of the year following their appointment. Proposed Action: Councilman Campbell’s recommends that the City Council approve the appointment of Natalie E. Oce to the Charter Review Commission. Attachment: 1. Committee Application and accompanying Resume’ ITEM J-1) RESOLUTION CONSENT AGENDA Councilman Campbell's appointment to the Charter Reveiw Commission Page 135 of 307 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING COUNCILMAN AARON CAMPBELL, JR.’S APPOINTMENT OF NATALIE E. OCE TO THE CHARTER REVIEW COMMISSION IN ACCORDANCE WITH SECTION 6.2 OF THE CITY OF MIAMI GARDENS’ CHARTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, in accordance with Section 6.2 of the City of Miami Gardens’ Charter, at its first regular meeting in December 2008 and thereafter every fifth year, the City Council shall appoint and fund a Charter Review Commission, and WHEREAS, the Charter Review Commission is to consist of five (5) persons, including one (1) from each of the four (4) residential areas, and WHEREAS, one (1) appointment shall be made by the Mayor and each Residential Councilmember, and WHEREAS, Councilman Aaron Campbell, Jr. has appointed Natalie E. Oce as his appointee to the Commission, and WHEREAS, the City Council would like to confirm Councilman Campbell’s appointment of Natalie E. Oce to the Commission, 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 136 of 307 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 2. CONFIRMATION OF APPOINTMENT: The City Council of the City of Miami Gardens hereby confirms Councilman Aaron Campbell, Jr.’s appointment of Natalie E. Oce to the Miami Gardens Charter Review Commission. Section 3. NUNC PRO TUNC EFFECT: This resolution shall relate back to December 10, 2008. Section 4. 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 JANUARY 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILMAN AARON CAMPBELL, JR. MOVED BY:_____________________ VOTE: _____ 47 Mayor Shirley Gibson (Yes) ___(No) 48 Vice Mayor Barbara Watson (Yes) ___(No) 49 Councilman Melvin Bratton, Sr. (Yes) ___(No) 50 Councilman Councilman Aaron Campbell, Jr. (Yes) ___(No) 51 Councilman Oliver Gilbert III (Yes) ___(No) 52 Councilwoman Sharon Pritchett (Yes) ___(No) 53 Councilman André Williams (Yes) ___(No) Page 137 of 307 SKD/teh Page 138 of 307 Page 139 of 307 Page 140 of 307 Page 141 of 307 Page 142 of 307 Page 143 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Fund‐Police Department Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny O. Crew Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE CITY MANAGER’S PURCHASE OF A POLICE DOG FROM METRO-DADE K-9 SERVICES IN THE AMOUNT OF $12,500.00; WAIVING COMPETITIVE BIDDING AND NEGOTIATING; AUTHORIZING EXECUTION OF A CONTRACT AFTER THE FACT; PROVIDING FOR A NUNC PRO TUNC EFFECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens City Council ratified the purchase of two police canines on December 10, 2008. At that time, the Department was still attempting to purchase a third dog; however, due to inventory and health reasons were unable to do so. Therefore the Department moved forward with the resolution to make the purchase of two animals. Since that time, Metro-Dade K9 Services (the vendor that the other two city canines were purchased from)received a new shipment of canines from Europe and invited Department representatives to be the first to evaluate the dogs in order to acquire the third and final canine. Department members attended an evaluation session at the vendor’s location and viewed a variety of canines. At the conclusion it was decided, with consultation from the Department’s ITEM J-2) RESOLUTION CONSENT AGENDA K9 Dog Purchase Page 144 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 certified trainer, that the selection of canine “Ikar” should be made. The cost of “Ikar” is $12,500 which includes a performance and health guarantee. This canine has more training than the other canines that were available which is an advantage to the Department. The purchase of the canine was made on December 23, 2008, to ensure that the dog would not be sold to another agency. As the market for canine service dogs is high at this time and the availability low, the purchase was made to ensure the best option for the Department. Furthermore, the previous two canines have already started their training process and the acquisition of “Ikar” allows for continuity in the training process which is expected to last 10 weeks. The canine was given a health screening and was deemed to be serviceable from a certified veterinarian. Proposed Action: That the City Council ratifies the attached resolution approving the City Manager waiving competitive bidding, negotiating and executing a contract after the fact with Metro-Dade K9 Services for the amount of $12,500 for the purchase of a police dog. Attachment: Attachment A -Contract for Canine Purchase Page 145 of 307 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE CITY MANAGER’S PURCHASE OF A POLICE DOG FROM METRO-DADE K-9 SERVICES IN THE AMOUNT OF $12,500.00; WAIVING COMPETITIVE BIDDING AND NEGOTIATING; AUTHORIZING EXECUTION OF A CONTRACT AFTER THE FACT; PROVIDING FOR A NUNC PRO TUNC EFFECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council authorized the City Manager’s purchase of two (2) police canines on December 10, 2008, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, at that time, the Police Department was attempting to purchase an additional police dog, but was unable to do so, and WHEREAS, the vendor that the City previously contracted with, Metro-Dade K-9 Services, made an additional canine available for purchase in the amount of $12,500.00 which includes a performance and health guarantee, and WHEREAS, in order to ensure that the canine would be available to the City, it was purchased on December 23, 2008, and WHEREAS, staff had previously reviewed contracts from various municipalities in an effort to piggy-back on an existing contract; however, none was available, and WHEREAS, City staff also undertook an effort to contact vendors to determine whether or not they had canines in their existing inventories that would serve the City’s needs, and WHEREAS, since Metro-Dade K-9 Services has a canine available for this purpose, City staff is requesting authorization from the City Council to purchase one (1) additional canine from Metro-Dade K-9 Services, Page 146 of 307 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 of the City of Miami Gardens hereby authorizes the City Manager to purchase a canine dog from Metro-Dade K-9 Services in the amount of $12,500.00. The City Council also waives competitive bidding requirements for this purpose, and authorizes the City Manager to enter into an after the fact contract with Metro-Dade K-9 Services. Section 3. NUNC PRO TUNC EFFECT: This Resolution shall relate back to December 23, 2008. Section 4. 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 JANUARY 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. Page 147 of 307 48 City Attorney 49 50 51 52 53 54 55 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 56 Mayor Shirley Gibson (Yes) ___(No) 57 Vice Mayor Barbara Watson (Yes) ___(No) 58 Councilman Melvin L. Bratton (Yes) ___(No) 59 Councilman Aaron Campbell (Yes) ___(No) 60 Councilman Oliver Gilbert, III (Yes) ___(No) 61 Councilwoman Sharon Pritchett (Yes) ___(No) 62 Councilman André Williams (Yes) ___(No) 63 64 65 SKD/teh 8308637_1.DOC Page 148 of 307 Page 149 of 307 Page 150 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Fund‐Police Department Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny O. Crew Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT FOR CONSULTING SERVICES WITH THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP) TO PROVIDE TESTING AND ASSESSMENTS FOR THE CITY’S POLICE DEPARTMENT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The Miami Gardens Police Department has been in operation since December 16, 2007. A common element present in all police agencies is the aspect of promotions and transfers due to attrition of personnel and departmental growth. The Department presently has utilized a promotional list for the position of sergeant that was established from oral interviews conducted by the Chief and Deputy Chief with the assistance of the Human Resources Department. The interviews were restricted to those individuals who had been supervisors in other agencies or ITEM J-3) RESOLUTION CONSENT AGENDA Authorizing an agreement with International Association of Chiefs of Police Page 151 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 were on a promotional list in their previous agency. As a result, nine officers have been promoted to sergeant since the inception of the Department. While this form of promotional process has sufficed during our initial deployment, it is not a long term solution that is conducive to the stable growth of the department. Many individuals have distinguished themselves in their performance but have no avenue for participation in the process currently in place. In addition, during the recent attempt at union formation, a significant issue raised by the officers was the lack of a competitive promotional testing process for the position of sergeant. The standard in most law enforcement agencies is to administer a written testing device to narrow down a pool of candidates who will then participate in an assessment process consisting of written, oral or a combination of responses. At the conclusion of the process a numerical list is created based based on the actual scores given by outside assessors. The list is maintained for a period of two years from which promotions are then made. The Department has contacted the International Association of Chiefs of Police (IACP) Center for Testing Services and Executive Search to obtain a proposal for creating, implementing and administering a written test and combination oral and written in basket assessment center. The IACP is an internationally recognized organization which governs and sanctions many police policies and legislative procedures nationwide. The Department’s Command Staff has attended a seminar sponsored by IACP and had significant conversations with their staff regarding the development of a testing instrument. It is believed that using an internationally accredited agency such as IACP will add a level of transparency and integrity to the Department’s process. As the process may be open to scrutiny in its infancy, utilizing an independent non-local entity such as IACP is the preferred option at this time. Local consideration to testing entities was given but as the Department is comprised of officers from throughout the United States a national company was the best choice at this time. The proposal will provide for the IACP Staff to develop the testing device for sergeant based on the Department’s Standard Operating Procedures and Florida Procedural Law State Statutes. \. It is expected that the process will begin within six months, which will allow the first set of promotions to occur in the summer of 2009. The Department anticipates administering the sergeant test every two years. At that time there will be a recurring cost associated with test development and administration that will not be as costly. Implementing this type of process is just the next step in professionalizing the agency and ensuring a promotional process that is transparent and equitable for all involved. Page 152 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council authorize the City Manager to negotiate and execute a contract with the IACP for police sergeant testing services for the Miami Gardens Police Department. Attachment: AGREEMENT FOR CONSULTING SERVICES-Attachment A Page 153 of 307 RESOLUTION No. 2008-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 AGREEMENT FOR CONSULTING SERVICES WITH THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE (IACP) TO PROVIDE TESTING AND ASSESSMENTS FOR THE CITY’S POLICE DEPARTMENT, 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 International Association of Chiefs of Police (“IACP”) provides for testing and assessments for police officers, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, City of Miami Gardens requires that a testing procedure be developed for Sergeants based upon the Police Department’s Standard Operating Procedures and Florida law, and, WHEREAS, the IACP provides the requisite services, and WHEREAS, the City’s Purchasing Code exempts service contracts from competitive bidding requirements, requirements, and WHEREAS, City Council would like to authorize the City Manager to enter into an Agreement with IACP to provide testing and assessment services for Police Sergeants, 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 154 of 307 Section 2. AUTHORIZATION: The City Manager and City Clerk are hereby authorized and directed to execute and attest, respectively, that certain Agreement with the International Association of Chiefs of Police for Police Sergeant testing and assessment services, a copy of which is attached hereto as Exhibit A. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to the International Association of Chiefs of Police, and with one to be directed to the Office of City Attorney. Section 4. 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 JANUARY 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 47 Mayor Shirley Gibson (Yes) ___(No) 48 Vice Mayor Barbara Watson (Yes) ___(No) 49 Councilman Melvin L. Bratton (Yes) ___(No) Page 155 of 307 50 Councilman Oliver Gilbert, III (Yes) ___(No) 51 Councilman Aaron Campbell (Yes) ___(No) 52 Councilwoman Sharon Pritchett (Yes) ___(No) 53 Councilman André Williams (Yes) ___(No) 54 55 56 SKD/teh 8308732_1.DOC Page 156 of 307 AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is made and entered into this _____ day of ___________, 2009 by and between the CITY of Miami Gardens, a Florida municipal corporation (hereinafter referred to as “CITY”), and the International Association of Chiefs of Police, CONSULTANT (hereinafter referred to as “Consultant”) and jointly referred to as the Parties. WITNESSETH: WHEREAS, the International Association of Chiefs of Police (“IACP”) provides testing and assessment services to police departments, and WHEREAS, the City would like to enter into a service agreement with the IACP for the provision of academic testing and assessments for the City’s Police Department, NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as follows: Article 1. Scope of Work The Scope of Services is attached hereto as Exhibit "A" and incorporated herein by reference. Article 2. CITY Responsibilities The CITY will provide a location for all testing and assessments assessments and will also provide all equipment necessary to conduct all testing and assessments (easels, pads, projector and laptops.) CITY will also coordinate with CONSULTANT to schedule dates and times of testing and assessments. Article 3. Consultant Responsibilities CONSULTANT will provide enough personnel to conduct the services outlined in the Scope of Work outlined in this Agreement. 1 of 1 IACP/Testing Services Page 157 of 307 Article 4. Qualifications CONSULTANT and the individual executing this Agreement on behalf of the CONSULTANT warrant to the CITY that the CONSULTANT is authorized to do business in the State of Florida, is in good standing and that CONSULTANT possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perform the work herein described. Article 5. Compensation/Expenses The CITY shall pay the total sum of $21,000.00 (“Compensation”) for all services to be provided. Payments shall be made upon completion of the services to be provided. The Compensation shall cover one hundred (100) written exams and an assessment of the top twenty (20) candidates. The Compensation includes all developmental and administrative costs. However, the City agrees to pay all anticipated travel expenses, which shall not exceed the sum of $5,000.00. Article 6. Additional Services The CITY and CONSULTANT agree to negotiate any additional services, which are outside the scope of this agreement that may be required of CONSULTANT. Article 7. Term This Agreement shall commence upon the execution by both parties and shall continue for a period of six (6) months or until completion of all services to be provided, unless terminated sooner as provided for in this Agreement. Article 8. Indemnification CONSULTANT shall, at CONSULTANT's sole cost and expense, defend, indemnify, and hold the CITY and all of its elected officials, officers, agents, or employees, harmless from and against any and all losses, demands, claims, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with CONSULTANT’s performance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between CONSULTANT and third parties made pursuant to this Agreement. CONSULTANT shall reimburse the CITY for all of its expenses including reasonable attorney fees and costs incurred in connection with with the defense of any such claim or investigation, throughout the appeals process. 2 of 2 IACP/Testing Services Page 158 of 307 Nothing contained herein shall be deemed a waiver of sovereign immunity by the CITY. Article 9. Termination The CITY may, for its convenience and without cause, terminate this Agreement by giving CONSULTANT written notice at least fifteen (15) days prior to the effective date of the termination. Upon written notice of the CITY's desire to terminate this Agreement, CONSULTANT shall provide only those services and incur only those expenses specifically approved or directed in writing by the CITY Manager or his designee. CONSULTANT may terminate this Agreement by giving the CITY written notice at least fifteen (15) days prior to the effective date of termination. In the event of termination or expiration of this Agreement, CONSULTANT and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from CONSULTANT to the CITY or to any other person or entity the CITY may designate, and to maintain during such period of transition that same services provide to the CITY pursuant to to the terms of this Agreement. CONSULTANT will take all reasonable and necessary actions to transfer all records, etc. and data of the CITY in its possession in an orderly fashion to either the CITY or its designee in a hard copy and computer format. If either party terminates this Agreement, the CITY shall only pay CONSULTANT for the services provided through the date of termination. Article 10. Ownership All documents, forms, examinations, assessements, originated or prepared by either party pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the CITY. Consultant understands that in accordance with Chapter 119 that certain documents are not subject to public disclosure and must be kept confidential. In that regard any and all documents that are created as a result of this Agreement shall be deemed the property of the City and shall not be subject to disclosure to any third parties except through a request made directly to the City. Article 11. Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 3 of 3 IACP/Testing Services Page 159 of 307 No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Article 12. Severability If any term or provision of this Agreement shall to any extent be held invalid, or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 13. Governing Law This Agreement shall be construed in accordance with and governing by the laws of the State of Florida, with venue lying in Miami-Dade County, Florida. Article 14. Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the CITY of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by CONSULTANT of the same, or any other provision or the enforcement thereof. The CITY’s consent to or approval of any act by CONSULTANT requiring the CITY’s consent or approval shall not be deemed to render unnecessary the obtaining of the CITY’s consent to or approval of any subsequent consent or approval of CONSULTANT, whether or not similar to the act so consented to or approved. Article 15. Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the parties at the following address: CITY: CONSULTANT: Danny Crew, CITY Manager Kim Kohlhepp CITY of Miami Gardens IACP 4 of 4 IACP/Testing Services Page 160 of 307 1515 NW 167th Street #200 515 North Washington Street Miami Gardens, FL 33169 Alexandria, VA 22314-2357 With a copy to: Sonja K. Dickens, Esq. CITY Attorney Arnstein & Lehr LLP 200 East Las Olas Blvd., Suite 1700 Ft. Lauderdale, FL 33301 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Article 16. Independent Contractor CONSULTANT is and shall remain an independent contractor not an employee or agent of the CITY. Services provided by CONSULTANT shall be by employees of CONSULTANT and nothing in this Agreement shall in any way be interpreted or construed to deem said employees to be agents, employees, or representatives of the CITY. CONSULTANT shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with CONSULTANT. Article 17. Assignment This Agreement is not assignable by either party. Article 18. Prohibition Against Contingent Fees CONSULTANT warrants that it has no employees or retained any CONSULTANT or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), CONSULTANT, corporation, individual or firm, other than a bond fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 19. Attorneys' Fees Should any dispute arise hereunder, the prevailing party shall be entitled to recover all costs, expenses and attorney’s fees incurred in such dispute, 5 of 5 IACP/Testing Services Page 161 of 307 whether or not suit be brought, and such right shall include all of such costs, expenses and attorney’s fees through all appeals or other actions. Article 20. Non-Discrimination CONSULTANT agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975. CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status or status with regard to public assistance. CONSULTANT will take affirmative action to insure that all employment practices are free from such discrimination. Article 21. Conflict of Interest CONSULTANT agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, which is incorporated by reference herein as if fully set forth herein, in connection connection with the Agreement conditions hereunder. Article 22. Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. Article 23. Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 24. Entire Agreement No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. 6 of 6 IACP/Testing Services Page 162 of 307 Article 25. Captions and Paragraph Headings Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. Article 26. Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties that the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. Article 27. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Article 28. Exhibits are Inclusionary All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. Article 29. Retention of Records CONSULTANT shall keep its books, records and accounts as may be necessary in order to record complete and correct entries related to this Agreement. 7 of 7 IACP/Testing Services Page 163 of 307 IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. CITY OF MIAMI GARDENS _____________________________ Shirley Gibson, Mayor Date:___________________ ___ ATTEST: _______________________ CITY Clerk Ronetta Taylor, CMC Approved as to form and legal sufficiency: ______________________________ Sonja Dickens, CITY Attorney INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE By: ____________________________ __________________________ Signature Date ____________________________ Print name 8 of 8 IACP/Testing Services Page 164 of 307 Exhibit “A” SCOPE OF WORK • Job Analysis: The IACP will perform a complete analysis of the target job. The analysis will involve a review of existing documentation, on-site interviews and observation, and a job analysis survey. • Test Development: Test development is directly based on job analysis information, providing the basis for content validity. Multiple-choice job knowledge items will be developed from site-specific materials, such as policy and procedure manuals. Testing also generally covers outside readings related to the job. • Study Guide: These guides include a list of sources for the examination, sample items, and instructions to help candidates prepare for the examination. Study guides are provided to candidates well before test administration. • Administration: The IACP staff will administer the test. • Results and Documentation: Computer scoring of test responses is available from the IACP. All work conducted will be documented, and a complete report given to your organization. • Job Analysis: The IACP will conduct a complete on-site analysis of the target job. • Assessment Center Development: Based on information obtained in the job analysis, the IACP will develop exercises and evaluation dimensions that reflect the requirements of the target job. This provides the method for content validation. Many jurisdictions face unique problems that lend themselves well to the development of exercises. The IACP can develop exercises that capture these unique situations and provide information as to candidates’ abilities to deal effectively with such challenges. • Administration: 􀂾 Candidate Orientation: An orientation session will be conducted for all candidates. The orientation will describe the process and include illustrative examples. 􀂾 Assessor Training: Assessors will participate in training conducted by the IACP just prior to the assessment center. The core of this training will be practice and feedback, using videotapes of the actual exercises to be used and the associated assessor report forms. 9 of 9 IACP/Testing Services Page 165 of 307 10 of 10 IACP/Testing Services 􀂾 Exercise Administration: Candidates will participate in exercises during an intensive period of assessment. All activities will be scheduled in advance, and an IACP Administrator will monitor all procedures. 􀂾 Report Writing/Scoring: Here, the assessor reviews the data collected on a candidate in order to assign a numerical score on the job-related dimensions measured in the assessment center exercises. The scores are made independently and without discussion with other assessors. Not only are the numerical scores recorded, but each rating is supported by specific examples of behavior observed in each exercise. 􀂾 Data Integration: After the completion of exercises and report writing, data concerning candidates is combined. This integration can be accomplished by an assessor consensus meeting or by statistical combination of data. In either case, the final rating on each performance dimension is based on multiple raters evaluating performance in different situations. The result is a comprehensive picture of each candidate’s capabilities and a quantitative evaluation on job-related dimensions. • Results and Documentation: Following the conclusion of the assessment center, the IACP Administrator prepares a final report for the organization that includes a summary of assessment center development and candidate performance data. Information concerning candidates includes an overall summary score and ratings concerning each candidate’s strengths and weaknesses in performance-related dimensions. Page 166 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Dr. Danny O. Crew, City Manager Department: Public Works Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT (AP 798) RENEWAL WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; EXTENDING THAT CERTAIN MAINTENANCE AGREEMENT ENTERED INTO ON DECEMBER 11, 2006 FOR AN ADDITIONAL PERIOD OF ONE (1) YEAR; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background/Current Situation In December of 2006, the City Council authorized the takeover of the landscaping maintenance from FDOT on NW 27 Avenue, NW 183 Street and NW 2 Avenue (441). This maintenance agreement renewal is necessary to maintain the new areas that were recently planted like NW 27 Avenue and the south end of NW 2 Avenue (441) south of NW 183 Street. In addition, the City is continuing to landscape NW 183 Street from NW 2 Avenue to NW 27 Avenue this fiscal year and continue the landscaping to NW 47 Avenue next fiscal year. Therefore, this maintenance agreement is necessary to continue the planting and the maintenance of FDOT medians. ITEM J-4) RESOLUTION CONSENT AGENDA Contract renewal with FDOT Page 167 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Analysis FDOT will continue to pay the same amount as last year of $31, 356.96. This amount is the same if it was paid to a private contractor for FDOT’s level of service. However, this amount will not be enough to do the job to the City’s standards. Proposed Action: It is recommended that City Council approve the attached resolution authorizing the renewal of the Landscaping Maintenance Agreement for FDOT medians with a total year payment to the City of $31, 356.96. Attachment: Attachment A: 2007‐2008 Resolution Attachment B: 2008‐2009 Maintenance Agreement (Contract #AP798, Financial Number 40905717801) Page 168 of 307 DRAFT RESOLUTION No. 2009 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 CONTRACT RENEWAL AP 798 WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; EXTENDING THAT CERTAIN MAINTENANCE AGREEMENT ENTERED INTO ON DECEMBER 11, 2006 FOR AN ADDITIONAL PERIOD OF ONE (1) YEAR; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 11, 2006, the City entered into a Maintenance Agreement with the Florida Department of Transportation ("FDOT") whereby the City took over maintenance responsibilities for Northwest 27th Avenue, Northwest 183rd Street and Northwest 2nd Avenue, and WHEREAS, the current contract is scheduled to expire on January 31, 2009, and WHEREAS, the parties would like to renew the Agreement for an additional one (1) year period, 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 of the City of Miami Gardens hereby authorizes the City Manager and City Clerk to execute and attest, respectively, that certain contract renewal AP 798 with the State of Florida Department of Transportation and extending that certain Maintenance Agreement entered into on December 11, 2006 for an additional period of one (1) year. 1 Page 169 of 307 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Contract, with one to be maintained by the City; with one to be delivered to the State of Florida Department of Transportation, and with one to be directed to the Office of City Attorney. Section 4. 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 JANUARY 14, 2009. ____________________________ _____ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY: SECONDED BY: VOTE: Mayor Shirley Gibson (Yes) ___(No) Vice Mayor Barbara Watson (Yes) __(No) Councilman Melvin L. Bratton (Yes) ___(No) Councilman Aaron Campbell (Yes) ___(No) Councilman Oliver Gilbert III (Yes) ___(No) Councilwoman Sharon Pritchett Pritchett (Yes) ___(No) Councilman André Williams (Yes) ___(No) 2 Page 170 of 307 Page 171 of 307 Page 172 of 307 Page 173 of 307 Page 174 of 307 Page 175 of 307 Page 176 of 307 Page 177 of 307 Page 178 of 307 Page 179 of 307 Page 180 of 307 Page 181 of 307 Page 182 of 307 Page 183 of 307 Page 184 of 307 Page 185 of 307 Page 186 of 307 Page 187 of 307 Page 188 of 307 Page 189 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) eneral F de Ex: G olic un P Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, SERVICE AGREEMENTS WITH LISA E. MEYERS-ARCHER, P.A., CLAUDIENNE HIBBERT, P.A., AND PHILLIP & DONNA BARRETT FOR ACQUISITION AND DISPOSITION SERVICES RELATING TO THE NEIGHBORHOOD STABILIZATION PROGRAM AND THE CITY’S APPROVED ACTION PLAN AMENDMENT, COPIES OF WHICH ARE ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On July 30, 2008, President Bush signed the Housing and Economic Recovery Act of 2008, which authorized the release of $3.92 billion to the Neighborhood Stabilization Program (NSP). The State of Florida will receive $541 million of federal funds, of which the City of Miami Gardens is expected to be awarded $6,866,119.02. The NSP will provide emergency assistance to state and local governments with primary purpose of acquiring and redeveloping foreclosed properties that might otherwise become sources of abandonment and blight within their communities. City staff conducted a workshop for Council on October 30, 2008, where the NSP was explained in greater detail, and where the City’s proposed activities under this program were presented. This workshop was ITEM J-5) RESOLUTION CONSENT AGENDA Service Agreement relating to NHS program Page 190 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 also open to the general public in order to comply with the Citizen Participation requirement in the City’s Consolidated Plan. Comments obtained in the workshop have been considered for incorporation into the Action Plan Amendment. The City’s Action Plan Amendment was approved by Council at their November 12, 2008 meeting and subsequently submitted to the local HUD prior to the December 1, 2008 deadline. At this point we are awaiting review of and approval of our application. The primary purpose of the NSP is to address the issue of abandoned and foreclosed properties. Communities receiving an allocation will be expected to carry out the activities outlined in their plan within the designated time frame. The essential activity outlined in the City’s plan is the purchase of abandoned and foreclosed properties directly from the banks with the expressed intent of rehabbing said properties and reselling them to incomeeligible buyers. Given the nature of this activity, City Staff determined to utilize the services of professional Realtors to negotiate the purchase of properties that meet the City’s criteria. The criteria for purchasing these units will include (but not be limited to): • Purchase price below appraised value • Location of housing unit • Condition of the housing unit • Size/amenity desirable to interested buyers In order to procure Realtor Services relative to the NSP, Staff utilized a formal Request for Letters of Interest. However, because of the high profile nature of this program, Staff contacted several realtors that have established contact with the City either recently or in the past. A meeting with these individuals was hosted on Wednesday, October 22, 2008. At this meeting, Staff provided a summary of the NSP and an outline of the services which we would be looking for licensed realtors to provide the City. Staff also informed those in attendance that a formal solicitation would be advertised and those interested would need need to respond in accordance with the ad. On Thursday, November 13, 2008 the formal ad was published (see attached). Staff also placed a formal notification of the ad on the Community Development Department’s webpage. It should be noted that all of the individuals that attended the meeting on October 22nd were notified via email and provided an electronic copy of the ad. Included in the ad was a notice of a pre‐submission meeting on Thursday, November 20, 2008. Fourteen (14) individuals attended the pre‐submission meeting. Staff provided those in attendance with a summary of the services being solicited, the criteria to be used for selection (which was also included in the ad), the expected compensation for selected realtors, and the time frame within which the City expected to make a decision. The balance of the meeting provided attendees with an opportunity to ask pertinent questions relative to the solicitation request. Questions posed in this pre‐submission meeting, and the City’s responses to those questions were posted on the City’s website. The deadline for submission of the formal letters of interest from licensed realtors was Wednesday, December 3, 2008. Seventeen (17) letters of interest were received. City staff proceeded to review and evaluate the packages submitted. Three (3) Realtors were deemed to have the most desired related Page 191 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 experience with the purchase of foreclosed properties (short sales) and negotiation expertise with banks. The top three (3) responsible responders were: 1. Lisa E. Meyer‐Archer, P.A 2. Claudienne Hibbert, P.A, 3. Philip & Donna Barrett All of the letters of interest packages received are available for Council review at the desk of the Assistant to the Mayor and Council. None of the three (3) recommended realtors have offices located within the City. However, given the nature of this program, having an office in the City was not a criteria used to evaluate the letters of interest. The emphasis of this solicitation was to identify realtors with specific experience/expertise in the area of the purchase of foreclosed properties. It should be noted that part of Staff’s evaluation of each package submitted included verification of the realtor’s license, and a review of any complaints filed against the realtor. All three (3) of the realtors recommended have current real estate licenses in the State of Florida (as verified thru the Department of Business and Professional Regulation), and none have had any complaints filed against them. Moreover, a litigation background check was conducted on each individual utilizing dFacts (a subsidiary of LexisNexis) and no history of lawsuits or fines was found. Current Situation At this point, it is Staff’s desire to formally engage the top three (3) Realtors so that the City may be in a position to move efficiently in negotiating the purchase of properties immediately following the receipt of the contract from HUD. A professional services agreement has been developed (and reviewed by the City Attorney) that outlines the scope of work to be carried out by each selected realtor. The compensation to be paid to each realtor will be a flat fee of $2,500 for each property on which the City actually closes (purchases). The rationale for this fee is that each realtor will be involved in the extensive review and negotiation of several properties for which a purchase transaction may not even occur. Moreover, the flat fee (as opposed to a percentage of purchase price) ensures that the City’s contracted realtors will seek to negotiate the deepest discount possible without having to compromise their commission. In accordance with the City’s NSP plan, properties purchased will be rehabbed (if necessary) and sold to income eligible individuals. Staff has determined to structure the professional services agreement with the Realtors in a way that will allow the same Realtor that negotiated the purchase of particular properties from the holder of title, to subsequently list those properties for re‐sale. The term of the agreement will be for one (1) year, with two six‐month (6) extensions. It should be noted, however, that these agreements have a 15‐day cancellation provision at the City’s sole discretion. The attached Resolution seeks City Council approval to authorize the City Manager to execute the attached service agreement with with each of the three (3) identified licensed Realtors. Page 192 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: It is staff’s recommendation that Council approve the attached Resolution authorizing the City Manager to enter into non‐exclusive agreements with each of the following three (3) licensed Realtors: 1. Lisa E. Meyer‐Archer P.A. 2. Claudienne Hibbert, P.A. 3. Philip & Donna Barrett for the provision of real estate acquisition and disposition services as per the enclosed Realtor Service Agreement, Exhibit “A”, for the Neighborhood Stabilization Program (NSP). Attachment: “Exhibit A”, NSP Realtor Service Agreement(s) Page 193 of 307 RESOLUTION No. 2009-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, SERVICE AGREEMENTS WITH LISA E. MEYERS-ARCHER, P.A., CLAUDIENNE HIBBERT, P.A., AND PHILLIP & DONNA BARRETT FOR ACQUISITION AND DISPOSITION SERVICES RELATING TO THE NEIGHBORHOOD STABILIZATION PROGRAM AND THE CITY’S APPROVED ACTION PLAN AMENDMENT, COPIES OF WHICH ARE ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 30, 2008, President Bush signed the Housing and Economic Recovery Act of 2008, which included an allocation of Three Billion Ninety-Two Million Dollars ($3,092,000,000.00) towards a Neighborhood Stabilization Program, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, in accordance with the Program, the City of Miami Gardens was awarded Six Million Eight Hundred Sixty-Six Thousand One Hundred Nineteen Dollars and 02/100 ($6,866,119.02), and WHEREAS, City Council has approved an Action Plan Amendment whereby the City will acquire and dispose of foreclosed properties, and WHEREAS, City staff has identified realtors who are able to assist the City with acquisition and disposition of those properties, and WHEREAS, it is necessary for the City to enter into agreement with these realtors, and WHEREAS, the City’s Purchasing Code does not require formal bidding for Service Contracts, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, as follows: Page 194 of 307 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. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Section 2. AUTHORIZATION: The City Manager and City Clerk are hereby authorized and directed to execute and attest, respectively, those certain Service Agreements with Lisa E. Meyers-Archer, P.A., Claudienne Hibbert, P.A., and Phillip & Donna Barrett for acquisition and disposition services relating to the Neighborhood Stabilization Program and the City’s approved Action Plan Amendment, copies of which are attached hereto as Exhibit A. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain five (5) fully executed copies of the subject Agreement, with one to be maintained by the City; with one each to be delivered to Lisa E. Meyers-Archer, P.A., Claudienne Hibbert, P.A., and Phillip & Donna Barrett, and with one to be directed to the Office of City Attorney. Section 4. 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 JANUARY 14, 2009. ____________________________ _____ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK Page 195 of 307 45 Prepared by SONJA KNIGHTON DICKENS, ESQ. 46 47 48 49 50 51 52 53 City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 54 Mayor Shirley Gibson (Yes) ___(No) 55 Vice Mayor Barbara Watson (Yes) ___(No) 56 Councilman Melvin L. Bratton (Yes) ___(No) 57 Councilman Aaron Campbell (Yes) ___(No) 58 Councilman Oliver Gilbert, III (Yes) ___(No) 59 Councilwoman Sharon Pritchett (Yes) ___(No) 60 Councilman André Williams (Yes) ___(No) 61 62 63 SKD/teh 8311778_1.DOC Page 196 of 307 NON-EXCLUSIVE AGREEMENT FOR REALTOR SERVICES THIS NON-EXCLUSIVE AGREEMENT is made and entered into this _____ day of ___________, 2009 by and between the CITY of Miami Gardens, a Florida municipal corporation (hereinafter referred to as “CITY”), and Phillip & Donna Barrett (hereinafter referred to as “CONSULTANT”) and jointly referred to as the Parties. WITNESSETH: WHEREAS, on July 30, 2008, President Bush signed the Housing and Economic Recovery Act of 2008, which included an allocation of Three Billion Ninety-Two Million Dollars ($3,092,000,000.00) towards a Neighborhood Stabilization Program, and WHEREAS, in accordance with the Program, the City of Miami Gardens is expected to awarded Six Million Eight Hundred Sixty-Six Thousand One Hundred Nineteen Dollars and 02/100 ($6,866,119.02), and WHEREAS, City Council has approved an Action Plan Amendment whereby the City will acquire and dispose of foreclosed properties, and WHEREAS, City staff has identified realtors who are able to assist the City with acquisition and disposition of those properties, and WHEREAS, it is necessary for the City to enter into agreement with these realtors, and WHEREAS, the City’s Purchasing Code does not require formal bidding for Service Contracts, and Page 197 of 307 WHEREAS, the City would like to enter into a Non-Exclusive Service Agreement with CONSULTANT for acquisition and disposition services relating to the Neighborhood Stabilization Program and the City’s Action Plan Amendment, NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as follows: Article 1. Scope of Work The Scope of Services is attached hereto as Exhibit "A" and incorporated herein by reference. Article 2. CITY Responsibilities The CITY will provide administrative guidelines and establish program parameters and timeframes. CITY will also coordinate with CONSULTANT to schedule dates and times of established timeline. Article 3. Consultant Responsibilities CONSULTANT will provide enough personnel to conduct the services outlined in the Scope of Work outlined in this Agreement. Article 4. Qualifications CONSULTANT and the individual executing this Agreement on behalf of the CONSULTANT warrant to the CITY that the CONSULTANT is authorized to do business in the State of Florida, is in good standing and that CONSULTANT possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perform the work herein described. CONSULTANT certifies that it is a licensed Real Estate Agent in good standing with the State of Florida. Article 5. Compensation/Expenses The CITY shall pay a $2,500.00 (“Compensation”) flat fee per real estate closing to the Consultant. Payments shall be made within thirty (30) days upon completion of the services to be provided per real estate closing. The Compensation includes all developmental and administrative costs. There shall be no other reimbursable per closing. Page 198 of 307 Article 6. Additional Services The CITY and CONSULTANT agree to negotiate any additional services, which are outside the scope of this non-exclusive agreement that may be required of CONSULTANT. Article 7. Term This non-exclusive agreement shall commence upon the execution by both parties and shall continue for a period of twelve (12) months or until completion of all services to be provided, unless terminated sooner as provided for in this non-exclusive agreement. The City may elect to extend the term of this agreement for two consecutive six (6) month periods at its sole discretion. Article 8. Indemnification CONSULTANT shall, at CONSULTANT's sole cost and expense, defend, indemnify, and hold the CITY and all of its elected officials, officers, agents, or employees, harmless from and against any and all losses, demands, claims, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with CONSULTANT’s performance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between CONSULTANT and third parties made pursuant to this Agreement. CONSULTANT shall reimburse the CITY for all of its expenses including reasonable attorney fees and costs incurred in connection with the defense of any such claim or investigation, throughout the appeals process. Nothing contained herein shall be deemed a waiver of sovereign immunity by the CITY. Article 9. Termination The CITY may, for its convenience and without cause, terminate this Agreement by giving CONSULTANT written notice at least fifteen (15) days prior to the effective date of the termination. Upon written notice of the CITY's desire to terminate this Agreement, CONSULTANT shall provide only those services and incur only those expenses specifically approved or directed in writing by the CITY Manager or his designee. In the event of termination or expiration of this non-exclusive agreement, CONSULTANT and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from CONSULTANT to the CITY or to any other person or entity the CITY may designate, and to maintain during such period of transition that same services provide to the CITY pursuant to the terms of this Agreement. Page 199 of 307 CONSULTANT will take all reasonable and necessary actions to transfer all records, etc. and data of the CITY in its possession in an orderly fashion to either the CITY or its designee in a hard copy and computer format. If either party terminates this non-exclusive agreement, the CITY shall only pay CONSULTANT for the services provided through the date of termination. Article 10. Ownership All documents, forms, assessments, originated or prepared by either party pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the CITY. Consultant understands that in accordance with Chapter 119 that certain documents are not subject to public disclosure and must be kept confidential. In that regard any and all documents that are created as a result of this Agreement shall be deemed the property of the City and shall not be subject to disclosure to any third parties except through a request made directly to the City. Article 11. Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Article 12. Severability If any term or provision of this Agreement shall to any extent be held invalid, or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 13. Governing Law This Agreement shall be construed in accordance with and governing by the laws of the State of Florida, with venue lying in Miami-Dade County, Florida. Page 200 of 307 Article 14. Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the CITY of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by CONSULTANT of the same, or any other provision or the enforcement thereof. The CITY’s consent to or approval of any act by CONSULTANT requiring the CITY’s consent or approval shall not be deemed to render unnecessary the obtaining of the CITY’s consent to or approval of any subsequent consent or approval of CONSULTANT, whether or not similar to the act so consented to or approved. Article 15. Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the parties at the following address: CITY: CONSULTANT: Danny Crew, CITY Manager Philip & Donna Barrett CITY of Miami Gardens 10640 Griffin Road S#106 1515 NW 167th Street #200 Cooper City, FL 33328 Miami Gardens, FL 33169 With a copy to: Sonja K. Dickens, Esq. CITY Attorney Arnstein & Lehr LLP 200 East Las Olas Blvd., Suite 1700 Ft. Lauderdale, FL 33301 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Article 16. Independent Contractor CONSULTANT is and shall remain an independent contractor not an employee or agent of the CITY. Services provided by CONSULTANT shall be by employees of CONSULTANT and nothing in this Agreement shall in any way be Page 201 of 307 interpreted or construed to deem said employees to be agents, employees, or representatives of the CITY. CONSULTANT shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with CONSULTANT. Article 17. Assignment This Non-Exclusive Agreement is not assignable by either party. Article 18. Prohibition Against Contingent Fees CONSULTANT warrants that it has no employees or retained any CONSULTANT or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), CONSULTANT, corporation, individual or firm, other than a bond fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 19. Attorneys' Fees Should any dispute arise hereunder, the prevailing party shall be entitled to recover all costs, expenses and attorney’s fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney’s fees through all appeals or other actions. Article 20. Non-Discrimination CONSULTANT agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975. CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status or status with regard to public assistance. CONSULTANT will take affirmative action to insure that all employment practices are free from such discrimination. Article 21. Conflict of Interest CONSULTANT agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, which is incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Page 202 of 307 Article 22. Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. Article 23. Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 24. Entire Agreement No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. Article 25. Captions and Paragraph Headings Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. Article 26. Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties that the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. Article 27. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Page 203 of 307 Article 28. Exhibits are Inclusionary All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. Article 29. Retention of Records CONSULTANT shall keep its books, records and accounts as may be necessary in order to record complete and correct entries related to this Agreement. Page 204 of 307 IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. CITY OF MIAMI GARDENS _____________________________ Danny Crew, City Manager Date: ______________________ ATTEST: _______________________ CITY Clerk Ronetta Taylor, MMC Approved as to form and legal sufficiency: ______________________________ Sonja Dickens, CITY Attorney Phillip & Donna Barrett, CONSULTANT By: ____________________________ __________________________ Signature Date ____________________________ Print name Exhibit “A” Page 205 of 307 SCOPE OF WORK The “Consultant” shall provide: Acquisition Services • Identify and contact property owners, real estate brokers, and other sources to identify property acquisition opportunities to meet the needs of the City. • Advise the City and staff in matters regarding the purchase, offers, claims, counteroffers, discussion and issues relating to the purchase and sale of properties. • Research, evaluate and provide site information such as location, size, general site characteristics, ownership, current use and potential availability. • Provide and circulate notices and/or general information as needed or required including general information notice and notice of intent to acquire. • Visually inspect properties regularly and periodically to ensure that the Property remains in marketable condition at all times. • As directed by City Staff, provide general information to each owner as needed. • Review zoning and land use designations for compatibility with project requirements. • Participate in meetings with prospective purchasers and City staff. • Under direction of the City Manager or his designee present written purchase and sale offers and/or Purchase Options and provide Council summary of basis of offer. • Negotiate terms and conditions of agreements consistent with federal, state and strategic and financial objectives and requirements. • Arrange closing and payment. • Attend/schedule closings on City purchases at the City’s request. • Document all actions and contacts. • Provide status reports as required. • Recommend property value (Broker Opinion of Value) based on professional judgment after reviewing appraisal of property to be acquired and/or other potential indicators of value. • Obtain legal boundary descriptions as needed. • Obtain complete title reports, analyze title reports, identify issues and make recommendations. • Remove title exceptions as directed by the City. • Arrange surveys as directed by City staff. • Perform due diligence prior to purchase to assess income and expenses, legal issues, etc. • Coordinate environmental and geotechnical site assessments with City staff. • Provide exceptional customer service to potential purchasers, brokers, agents and citizens Page 206 of 307 • Prepare and present reports and recommendations to the City Manager or his designee as required. • Other work related to real estate acquisition as it may occur. DISPOSITION SERVICES Provide standard listing services, including, but not limited to: • Identifying prospective purchasers, • Developing marketing strategies, • Showing property to prospective purchasers, • Screen prospective buyers using established criteria and existing neighborhood goals • Preparing financial analysis including net present value calculations to compare purchase proposals, and • Recommending terms and conditions. • Prepare and install City approved signage as may be required • Negotiate terms and conditions of agreements consistent with federal, state and strategic and financial objectives and requirements. • Visually inspect properties as may be required to market the property. • Participate in meetings with prospective buyers with the Council and neighborhood representatives. • Review zoning and land use designations for compatibility with project requirements. • Document all actions and contacts. • Provide status reports as required by City. • Professionally represent the City at all times. • ·Attend real estate closings on City purchases at the City’s request. • Prepare, for City’s signature, any disclosures required by state or local law • Provide customer service to potential purchasers, brokers, agents and citizens that is rated as exceptional customer service by the potential purchasers, brokers, agents and citizens when surveyed by City staff. • Other work related to real estate disposition as it may occur. Page 207 of 307 NON-EXCLUSIVE AGREEMENT FOR REALTOR SERVICES THIS NON-EXCLUSIVE AGREEMENT is made and entered into this _____ day of ___________, 2009 by and between the CITY of Miami Gardens, a Florida municipal corporation (hereinafter referred to as “CITY”), and Claudienne Hibbert (hereinafter referred to as “CONSULTANT”) and jointly referred to as the Parties. WITNESSETH: WHEREAS, on July 30, 2008, President Bush signed the Housing and Economic Recovery Act of 2008, which included an allocation of Three Billion Ninety-Two Million Dollars ($3,092,000,000.00) towards a Neighborhood Stabilization Program, and WHEREAS, in accordance with the Program, the City of Miami Gardens is expected to awarded Six Million Eight Hundred Sixty-Six Thousand One Hundred Nineteen Dollars and 02/100 ($6,866,119.02), and WHEREAS, City Council has approved an Action Plan Amendment whereby the City will acquire and dispose of foreclosed properties, and WHEREAS, City staff has identified realtors who are able to assist the City with acquisition acquisition and disposition of those properties, and WHEREAS, it is necessary for the City to enter into agreement with these realtors, and WHEREAS, the City’s Purchasing Code does not require formal bidding for Service Contracts, and Page 208 of 307 WHEREAS, the City would like to enter into a Non-Exclusive Service Agreement with CONSULTANT for acquisition and disposition services relating to the Neighborhood Stabilization Program and the City’s Action Plan Amendment, NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as follows: Article 1. Scope of Work The Scope of Services is attached hereto as Exhibit "A" and incorporated herein by reference. Article 2. CITY Responsibilities The CITY will provide administrative guidelines and establish program parameters and timeframes. CITY will also coordinate with CONSULTANT to schedule dates and times of established timeline. Article 3. Consultant Responsibilities CONSULTANT will provide enough personnel to conduct the services outlined in the Scope of Work outlined in this Agreement. Article 4. Qualifications CONSULTANT and the individual executing this Agreement on behalf of the CONSULTANT warrant to the CITY that the CONSULTANT is authorized to do business in the State of Florida, is in good standing and that CONSULTANT possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perform the work herein described. CONSULTANT certifies that it is a licensed Real Estate Agent in good standing with the State of Florida. Article 5. Compensation/Expenses The CITY shall pay a $2,500.00 (“Compensation”) flat fee per real estate closing to the Consultant. Payments shall be made within thirty (30) days upon completion of the services to be provided per real estate closing. The Compensation includes all developmental and administrative costs. There shall be no other reimbursable per closing. Page 209 of 307 Article 6. Additional Services The CITY and CONSULTANT agree to negotiate any additional services, which are outside the scope of this non-exclusive agreement that may be required of CONSULTANT. Article 7. Term This non-exclusive agreement shall commence upon the execution by both parties and shall continue for a period of twelve (12) months or until completion of all services to be provided, unless terminated sooner as provided for in this non-exclusive agreement. The City may elect to extend the term of this agreement for two consecutive six (6) month periods at its sole discretion. Article 8. Indemnification CONSULTANT shall, at CONSULTANT's sole cost and expense, defend, indemnify, and hold the CITY and all of its elected officials, officers, agents, or employees, harmless from and against any and all losses, demands, claims, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with CONSULTANT’s performance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between CONSULTANT and third parties made pursuant to this Agreement. CONSULTANT shall reimburse the CITY for all of its expenses including reasonable attorney fees and costs incurred in connection with the defense of any such claim or investigation, throughout the appeals process. Nothing contained herein shall be deemed a waiver of sovereign immunity by the CITY. Article 9. Termination The CITY may, for its convenience and without cause, terminate this Agreement by giving CONSULTANT written notice at least fifteen (15) days prior to the effective date of the termination. Upon written notice of the CITY's desire to terminate this Agreement, CONSULTANT shall provide only those services and incur only those expenses specifically approved or directed in writing by the CITY Manager or his designee. In the event of termination or expiration of this non-exclusive agreement, CONSULTANT and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from CONSULTANT to the CITY or to any other person or entity the CITY may designate, and to maintain during such period of transition that same services provide to the CITY pursuant to the terms of this Agreement. Page 210 of 307 CONSULTANT will take all reasonable and necessary actions to transfer all records, etc. and data of the CITY in its possession in an orderly fashion to either the CITY or its designee in a hard copy and computer format. If either party terminates this non-exclusive agreement, the CITY shall only pay CONSULTANT for the services provided through the date of termination. Article 10. Ownership All documents, forms, assessments, originated or prepared by either party pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the CITY. Consultant understands that in accordance with Chapter 119 that certain documents are not subject to public disclosure and must be kept confidential. In that regard any and all documents that are created as a result of this Agreement shall be deemed the property of the City and shall not be subject to disclosure to any third parties except through a request made directly to the City. Article 11. Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Article 12. Severability If any term or provision of this Agreement shall to any extent be held invalid, or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 13. Governing Law This Agreement shall be construed in accordance with and governing by the laws of the State of Florida, with venue lying in Miami-Dade County, Florida. Page 211 of 307 Article 14. Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the CITY of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by CONSULTANT of the same, or any other provision or the enforcement thereof. The CITY’s consent to or approval of any act by CONSULTANT requiring the CITY’s consent or approval shall not be deemed to render unnecessary the obtaining of the CITY’s consent to or approval of any subsequent consent or approval of CONSULTANT, whether or not similar to the act so consented to or approved. Article 15. Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the parties at the following address: CITY: CONSULTANT: Danny Crew, CITY Manager Claudienne Hibbert CITY of Miami Gardens 17900 NW 5 St., Suite 106 1515 NW 167th Street #200 Pembroke Pines, FL 33029 Miami Gardens, FL 33169 With a copy to: Sonja K. Dickens, Esq. CITY Attorney Arnstein & Lehr LLP 200 East Las Olas Blvd., Suite 1700 Ft. Lauderdale, FL 33301 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Article 16. Independent Contractor CONSULTANT is and shall remain an independent contractor not an employee or agent of the CITY. Services provided by CONSULTANT shall be by employees of CONSULTANT and nothing in this Agreement shall in any way be Page 212 of 307 interpreted or construed to deem said employees to be agents, employees, or representatives of the CITY. CONSULTANT shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with CONSULTANT. Article 17. Assignment This Non-Exclusive Agreement is not assignable by either party. Article 18. Prohibition Against Contingent Fees CONSULTANT warrants that it has no employees or retained any CONSULTANT or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), CONSULTANT, corporation, individual or firm, other than a bond fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 19. Attorneys' Fees Should any dispute arise hereunder, the prevailing party shall be entitled to recover all costs, expenses and attorney’s fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney’s fees through all appeals or other actions. Article 20. Non-Discrimination CONSULTANT agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975. CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status or status with regard to public assistance. CONSULTANT will take affirmative action to insure that all employment practices are free from such discrimination. Article 21. Conflict of Interest CONSULTANT agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, which is incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Page 213 of 307 Article 22. Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. Article 23. Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 24. Entire Agreement No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. Article 25. Captions and Paragraph Headings Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. Article 26. Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties that the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. Article 27. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Page 214 of 307 Article 28. Exhibits are Inclusionary All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. Article 29. Retention of Records CONSULTANT shall keep its books, records and accounts as may be necessary in order to record complete and correct entries related to this Agreement. Page 215 of 307 IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. CITY OF MIAMI GARDENS _____________________________ Danny Crew, City Manager Date: ______________________ ATTEST: _______________________ CITY Clerk Ronetta Taylor, CMC Approved as to form and legal sufficiency: ______________________________ Sonja Dickens, CITY Attorney Claudienne Hibbert, CONSULTANT By: ____________________________ __________________________ Signature Date ____________________________ Print name Exhibit “A” Page 216 of 307 SCOPE OF WORK The “Consultant” shall provide: Acquisition Services • Identify and contact property owners, real estate brokers, and other sources to identify property acquisition opportunities to meet the needs of the City. • Advise the City and staff in matters regarding the purchase, offers, claims, counteroffers, discussion and issues relating to the purchase and sale of properties. • Research, evaluate and provide site information such as location, size, general site characteristics, ownership, current use and potential availability. • Provide and circulate notices and/or general information as needed or required including general information notice and notice of intent to acquire. • Visually inspect properties regularly and periodically to ensure that the Property remains in marketable condition at all times. • As directed by City Staff, provide general information to each owner as needed. • Review zoning and land use designations for compatibility with project requirements. • Participate in meetings with prospective purchasers and City staff. • Under direction of the City Manager or his designee present written purchase and sale offers and/or Purchase Options and provide Council summary of basis of offer. • Negotiate terms and conditions of agreements consistent with federal, state and strategic and financial objectives and requirements. • Arrange closing and payment. • Attend/schedule closings on City purchases at the City’s request. • Document all actions and contacts. • Provide status reports as required. • Recommend property value (Broker Opinion of Value) based on professional judgment after reviewing appraisal of property to be acquired and/or other potential indicators of value. • Obtain legal boundary descriptions as needed. • Obtain complete title reports, analyze title reports, identify issues and make recommendations. • Remove title exceptions as directed by the City. • Arrange surveys as directed by City staff. • Perform due diligence prior to purchase to assess income and expenses, legal issues, etc. • Coordinate environmental and geotechnical site assessments with City staff. • Provide exceptional customer service to potential purchasers, brokers, agents and citizens Page 217 of 307 • Prepare and present reports and recommendations to the City Manager or his designee as required. • Other work related to real estate acquisition as it may occur. DISPOSITION SERVICES Provide standard listing services, including, but not limited to: • Identifying prospective purchasers, • Developing marketing strategies, • Showing property to prospective purchasers, • Screen prospective buyers using established criteria and existing neighborhood goals • Preparing financial analysis including net present value calculations to compare purchase proposals, and • Recommending terms and conditions. • Prepare and install City approved signage as may be required • Negotiate terms and conditions of agreements consistent with federal, state and strategic and financial objectives and requirements. • Visually inspect properties as may be required to market the property. • Participate in meetings with prospective buyers with the Council and neighborhood representatives. • Review zoning and land use designations for compatibility with project requirements. • Document all actions and contacts. • Provide status reports as required by City. • Professionally represent the City at all times. • ·Attend real estate closings on City purchases at the City’s request. • Prepare, for City’s signature, any disclosures required by state or local law • Provide customer service to potential purchasers, brokers, agents and citizens that is rated as exceptional customer service by the potential purchasers, brokers, agents and citizens when surveyed by City staff. • Other work related to real estate disposition as it may occur. Page 218 of 307 NON-EXCLUSIVE AGREEMENT FOR REALTOR SERVICES THIS NON-EXCLUSIVE AGREEMENT is made and entered into this _____ day of ___________, 2009 by and between the CITY of Miami Gardens, a Florida municipal corporation (hereinafter referred to as “CITY”), and Lisa E. Meyers-Archer (hereinafter referred to as “CONSULTANT”) and jointly referred to as the Parties. WITNESSETH: WHEREAS, on July 30, 2008, President Bush signed the Housing and Economic Recovery Act of 2008, which included an allocation of Three Billion Ninety-Two Million Dollars ($3,092,000,000.00) towards a Neighborhood Stabilization Program, and WHEREAS, in accordance with the Program, the City of Miami Gardens is expected to awarded Six Million Eight Hundred Sixty-Six Thousand One Hundred Nineteen Dollars and 02/100 ($6,866,119.02), and WHEREAS, City Council has approved an Action Plan Amendment whereby the City will acquire and dispose of foreclosed properties, and WHEREAS, City staff has identified realtors who are able to assist the City with acquisition and disposition of those properties, and WHEREAS, it is necessary for the City to enter into agreement with these realtors, and WHEREAS, the City’s Purchasing Code does not require formal bidding for Service Contracts, and Page 219 of 307 WHEREAS, the City would like to enter into a Non-Exclusive Service Agreement with CONSULTANT for acquisition and disposition services relating to the Neighborhood Stabilization Program and the City’s Action Plan Amendment, NOW THEREFORE, in consideration of the premises and the mutual covenants herein named, the parties hereto agree as follows: Article 1. Scope of Work The Scope of Services is attached hereto as Exhibit "A" and incorporated herein by reference. Article 2. CITY Responsibilities The CITY will provide administrative guidelines and establish program parameters and timeframes. CITY will also coordinate with CONSULTANT to schedule dates and times of established timeline. Article 3. Consultant Responsibilities CONSULTANT will provide enough personnel to conduct the services outlined in the Scope of Work outlined in this Agreement. Article 4. Qualifications CONSULTANT and the individual executing this Agreement on behalf of the CONSULTANT warrant to the CITY that the CONSULTANT is authorized to do business in the State of Florida, is in good standing and that CONSULTANT possesses all of the required licenses and certificates of competency required by the State of Florida and the County of Miami-Dade to perform the work herein described. CONSULTANT certifies that it is a licensed Real Estate Agent in good standing with the State of Florida. Article 5. Compensation/Expenses The CITY shall pay a $2,500.00 (“Compensation”) flat fee per real estate closing to the Consultant. Payments shall be made within thirty (30) days upon completion of the services to be provided per real estate closing. The Compensation includes all developmental and administrative costs. There shall be no other reimbursable per closing. Page 220 of 307 Article 6. Additional Services The CITY and CONSULTANT agree to negotiate any additional services, which are outside the scope of this non-exclusive agreement that may be required of CONSULTANT. Article 7. Term This non-exclusive agreement shall commence upon the execution by both parties and shall continue for a period of twelve (12) months or until completion of all services to be provided, unless terminated sooner as provided for in this non-exclusive agreement. The City may elect to extend the term of this agreement for two consecutive six (6) month periods at its sole discretion. Article 8. Indemnification CONSULTANT shall, at CONSULTANT's sole cost and expense, defend, indemnify, and hold the CITY and all of its elected officials, officers, agents, or employees, harmless from and against any and all losses, demands, claims, suits, liabilities, causes of action, judgment or damages, arising out of, related to, or in any way connected with CONSULTANT’s performance or non-performance of any provision of this Agreement including, but not limited to, liabilities arising from contracts between CONSULTANT and third parties made pursuant to this Agreement. CONSULTANT shall reimburse the CITY for all of its expenses including reasonable attorney fees and costs incurred in connection with the defense of any such claim or investigation, throughout the appeals process. Nothing contained herein shall be deemed a waiver of sovereign immunity by the CITY. Article 9. Termination The CITY may, for its convenience and without cause, terminate this Agreement by giving CONSULTANT written notice at least fifteen (15) days prior to the effective date of the termination. Upon written notice of the CITY's desire to terminate this Agreement, CONSULTANT shall provide only those services and incur only those expenses specifically approved or directed in writing by the CITY Manager or his designee. In the event of termination or expiration of this non-exclusive agreement, CONSULTANT and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from CONSULTANT to the CITY or to any other person or entity the CITY may designate, and to maintain during such period of transition that same services provide to the CITY pursuant to the terms of this Agreement. Page 221 of 307 CONSULTANT will take all reasonable and necessary actions to transfer all records, etc. and data of the CITY in its possession in an orderly fashion to either the CITY or its designee in a hard copy and computer format. If either party terminates this non-exclusive agreement, the CITY shall only pay CONSULTANT for the services provided through the date of termination. Article 10. Ownership All documents, forms, assessments, originated or prepared by either party pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the CITY. Consultant understands that in accordance with Chapter 119 that certain documents are not subject to public disclosure and must be kept confidential. In that regard any and all documents that are created as a result of this Agreement shall be deemed the property of the City and shall not be subject to disclosure to any third parties except through a request made directly to the City. Article 11. Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. Article 12. Severability If any term or provision of this Agreement shall to any extent be held invalid, or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 13. Governing Law This Agreement shall be construed in accordance with and governing by the laws of the State of Florida, with venue lying in Miami-Dade County, Florida. Page 222 of 307 Article 14. Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. No waiver by the CITY of any provision of this Agreement shall be deemed to be a waiver of any other provisions hereof or of any subsequent breach by CONSULTANT of the same, or any other provision or the enforcement thereof. The CITY’s consent to or approval of any act by CONSULTANT requiring the CITY’s consent or approval shall not be deemed to render unnecessary the obtaining of the CITY’s consent to or approval of any subsequent consent or approval of CONSULTANT, whether or not similar to the act so consented to or approved. Article 15. Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested, or by Federal Express addressed to the parties at the following address: CITY: CONSULTANT: Danny Crew, CITY Manager Lisa E. Meyers-Archer CITY of Miami Gardens 17900 NW 5 St., Suite 106 1515 NW 167th Street #200 Pembroke Pines, FL 33029 Miami Gardens, FL 33169 With a copy to: Sonja K. Dickens, Esq. CITY Attorney Arnstein & Lehr LLP 200 East Las Olas Blvd., Suite 1700 Ft. Lauderdale, FL 33301 Either party shall have the right to change its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Article 16. Independent Contractor CONSULTANT is and shall remain an independent contractor not an employee or agent of the CITY. Services provided by CONSULTANT shall be by employees of CONSULTANT and nothing in this Agreement shall in any way be Page 223 of 307 307interpreted or construed to deem said employees to be agents, employees, or representatives of the CITY. CONSULTANT shall be responsible for all compensation, tax responsibilities, insurance benefits, other employee benefits, and any other status or rights of its employees during the course of their employment with CONSULTANT. Article 17. Assignment This Non-Exclusive Agreement is not assignable by either party. Article 18. Prohibition Against Contingent Fees CONSULTANT warrants that it has no employees or retained any CONSULTANT or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), CONSULTANT, corporation, individual or firm, other than a bond fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 19. Attorneys' Fees Should any dispute arise hereunder, the the prevailing party shall be entitled to recover all costs, expenses and attorney’s fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorney’s fees through all appeals or other actions. Article 20. Non-Discrimination CONSULTANT agrees to comply with all local and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, the Americans with the Disabilities Act of 1990, the Age Discrimination Act of 1975. CONSULTANT will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital/family status or status with regard to public assistance. CONSULTANT will take affirmative action to insure that all employment practices are free from such discrimination. Article 21. Conflict of Interest CONSULTANT agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, which is incorporated by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Page 224 of 307 Article 22. Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. Article 23. Construction This Agreement and the terms hereof shall be construed in accordance with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 24. Entire Agreement No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless made in writing and executed by the parties hereto with the same formalities as this Agreement is executed. Article 25. Captions and Paragraph Headings Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. Article 26. Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties that the other. It is the parties’ further intention that this Agreement be construed liberally to achieve its intent. Article 27. Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. Page 225 of 307 Article 28. Exhibits are Inclusionary All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. Typewritten or handwritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. Article 29. Retention of Records CONSULTANT shall keep its books, records and accounts as may be necessary in order to record complete and correct entries related to this Agreement. Page 226 of 307 IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date indicated above. CITY OF MIAMI GARDENS _____________________________ Danny Crew, City Manager Date: ______________________ ATTEST: _______________________ CITY Clerk Ronetta Taylor, CMC Approved as to form and legal sufficiency: ______________________________ Sonja Dickens, CITY Attorney Lisa E. Meyers-Archer, CONSULTANT By: ____________________________ __________________________ Signature Date ____________________________ Print name Exhibit “A” Page 227 of 307 SCOPE OF WORK The “Consultant” shall provide: Acquisition Services • Identify and contact property owners, real estate brokers, and other sources to identify property acquisition opportunities to meet the needs of the City. • Advise the City and staff in matters regarding the purchase, offers, claims, counteroffers, discussion and issues relating to the purchase and sale of properties. • Research, evaluate and provide site information such as location, size, general site characteristics, ownership, current use and potential availability. • Provide and circulate notices and/or general information as needed or required including general information notice and notice of intent to acquire. • Visually inspect properties regularly and periodically to ensure that the Property remains in marketable condition at all times. • As directed by City Staff, provide general information to each owner as needed. • Review zoning and land use designations for compatibility with project requirements. • Participate in meetings with prospective purchasers and City staff. • Under direction of the City Manager or his designee present written purchase and sale offers and/or Purchase Options and provide Council summary of basis of offer. • Negotiate terms and conditions of agreements consistent with federal, state and strategic and financial objectives and requirements. • Arrange closing and payment. • Attend/schedule closings on City purchases at the City’s request. • Document all actions and contacts. • Provide status reports as required. • Recommend property value (Broker Opinion of Value) based on professional judgment after reviewing appraisal of property to be acquired and/or other potential indicators of value. • Obtain legal boundary descriptions as needed. • Obtain complete title reports, analyze title reports, identify issues and make recommendations. • Remove title exceptions as directed by the City. • Arrange surveys as directed by City staff. • Perform due diligence prior to purchase to assess income and expenses, legal issues, etc. • Coordinate environmental and geotechnical site assessments with City staff. • Provide exceptional customer service to potential purchasers, brokers, agents and citizens Page 228 of 307 • Prepare and present reports and recommendations to the City Manager or his designee as required. • Other work related to real estate acquisition as it may occur. DISPOSITION SERVICES Provide standard listing services, including, but not limited to: • Identifying prospective purchasers, • Developing marketing strategies, • Showing property to prospective purchasers, • Screen prospective buyers using established criteria and existing neighborhood goals • Preparing financial analysis including net present value calculations to compare purchase proposals, and • Recommending terms and conditions. • Prepare and install City approved signage as may be required • Negotiate terms and conditions of agreements consistent with federal, state and strategic and financial objectives and requirements. • Visually inspect properties as may be required to market the property. • Participate in meetings with prospective buyers with the Council and neighborhood representatives. • Review zoning and land use designations for compatibility with project requirements. • Document all actions and contacts. • Provide status reports as required by City. • Professionally represent the City at all times. • ·Attend real estate closings on City purchases at the City’s request. • Prepare, for City’s signature, any disclosures required by state or local law • Provide customer service to potential purchasers, brokers, agents and citizens that is rated as exceptional customer service by the potential purchasers, brokers, agents and citizens when surveyed by City staff. • Other work related to real estate disposition as it may occur. Page 229 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: CIPMiami Carol City Park (GOB) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny O. Crew City Manager , Department: Capital Projects Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN THE AMOUNT OF SEVENTY-SEVEN THOUSAND ONE HUNDRED TWELVE DOLLARS ($77,112.00) TO R.E. CHISHOLM ARCHITECTS, INC., FOR CONSTRUCTION AND ADMINISTRATION SERVICES FOR THE MIAMI CAROL CITY PARK RECREATIONAL BUILDING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On September 26, 2001, Miami Dade County (County) commissioned R.E. Chisholm Architects, Inc. to perform architectural and engineering services in order to design and administer the construction of a recreation center for Miami Carol City Park, located at 3201 NW 185 Street Miami Gardens, FL. The plans were completed and permitted through the County. However, in July 2004, via County Resolution No. R‐982‐04, the County transferred several parks, including the Miami Carol City Park, to the City of Miami Gardens (City). The County Parks and Recreation Department subsequently transferred the plans to the City, along with the remaining balances of various grant funding sources. On January 12, 2005, via City Resolution No. R‐2005‐02‐179 the City contracted with R.E. Chisholm for certain consulting and professional services for this project with the requirement that a permit from the City’s Building Department was obtained. The plans were approved by the City Building department on June 21, 2007. However, prior to beginning construction, the project was placed on hold as the ITEM J-6) RESOLUTION CONSENT AGENDA Change Order to R.E. Chisholm Architects, Inc. Page 230 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 remainder design plan for overall park improvements were pending completion by another architect firm assigned to the park as part of the Parks Master Plan. As R.E. Chisholm, Inc. provided the architectural and engineering services on the project for earlier design phases, the agreement for consulting and professional services between the City and R.E. Chisholm, Inc. included phases IV and V (bid assistance and construction administration). A change order to the existing purchase order is required as the original fee proposal provided to the County, adopted by the City, in October 2001 is no longer reflective of the costs for services rendered. Therefore, a change order for an additional $28,600 for a total purchase order amount of $77,112 (Exhibit A & B attached) is required. R.E. Chisholm has provided bid assistance during the evaluation process of potential bidders for the recreational center. Funding for this contract will be provided provided by the Building Better Communities General Obligation Bond. Proposed Action: It is recommended that the City Council adopt the attached resolution authorizing the issuance of a change order to the existing purchase order with R.E. Chisholm, Inc. for the construction administration services of the Miami Carol City Park recreational building. Attachment: EXHIBIT B – Subco nsultant Proposal EXHIBIT A – R.E. CHISHOLM Proposal Page 231 of 307 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF A CHANGE ORDER IN THE AMOUNT OF SEVENTY-SEVEN THOUSAND ONE HUNDRED TWELVE DOLLARS ($77,112.00) TO R.E. CHISHOLM ARCHITECTS, INC., FOR CONSTRUCTION AND ADMINISTRATION SERVICES FOR THE MIAMI CAROL CITY PARK RECREATIONAL BUILDING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 26, 2001, Miami-Dade County contracted with R.E. Chisholm Architects, Inc., to perform architectural and engineering services for the design and construction of the recreation center for Miami Carol City Park, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, Miami Carol City Park was transferred to the City of Miami Gardens in July 2004, and the City took over the existing contract with R.E. Chisholm Architects, Inc., and WHEREAS, City staff is recommending an amendment to the original purchase order due to increase in costs for the services rendered, 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 of the City of Miami Gardens hereby authorizes the City Manager to issue a change order in the amount of Seventy-Seven Thousand One Hundred Twelve Dollars ($77,112.00) to R.E. Chisholm Architects, Inc., relating to the Miami Carol City Park Project. Page 232 of 307 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________ ________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 44 Mayor Shirley Gibson (Yes) ___(No) 45 Vice Mayor Barbara Watson (Yes) ___(No) 46 Councilman Melvin L. Bratton (Yes) ___(No) 47 Councilman Aaron Campbell (Yes) ___(No) 48 Councilman Oliver Gilbert, III (Yes) ___(No) 49 Councilwoman Sharon Pritchett (Yes) ___(No) 50 Councilman André Williams (Yes) ___(No) 51 52 53 SKD/teh 8312658_1.DOC Page 233 of 307 Page 234 of 307 Milian, Swain & Associates (MSA) ENGINEERING PROPOSAL The original water and sewer plans prepared by MSA involved the installation of approximately 150 linear feet of a 2-inch water service connecting to an existing onsite water line and extension of approximately165 lineal feet of 8-inch gravity sewer main connecting to an existing MDWASD manhole on NW 185th Street near the intersection with NW 32nd Avenue plus 100 linear feet of sanitary sewer lateral connected to the new building sewer service. The approvals/permits for the proposed original water and sewer systems have expired and must be resubmitted for review and approval before construction can commence. As a result, MSA would be pleased to participate in the project per the following scope of services: SCOPE OF SERVICES I. DESIGN & PERMITTING A. Preliminary Engineering 1. Using the original water and sewer plans prepared by MSA, we will conduct a walkthrough of the project area to observe any changes to the existing conditions within and outside the the park that may have occurred in the past five years and could potentially impact the water and sewer design originally considered by MSA. After the site visit, MSA will inform the Client on the need of additional topographic information. If required, the Client will retain the services of a licensed surveyor to perform the required additional/updated survey and submit final survey (Signed & sealed hardcopy and electronic AutoCAD 2004 copy) to MSA for preparation of final civil infrastructure design drawings. 2. Given that more than five years have elapsed since the original design was completed, MSA will request utility record data through “Sunshine One Call of Florida” from the utility companies listed as having under/aboveground utilities within and adjacent to the project site; including requesting applicable water and sewer as-built from MDWASD. 3. MSA will assist the Client in requesting reactivation of the original Water & Sewer Agreement (Agreement) from the MDWASD. Services. B. Water Service and Sanitary Sewer Design 1. Incorporate any updated utility information and updated above-ground existing conditions into the design drawings, update the general water and sewer specifications/notes as applicable to comply with current MDWASD standards, update civil drawing title blocks to reflect current project owner/developer information, modify (if needed) the horizontal/vertical alignment of the offsite sewer main extension considering updated existing utility data and existing above ground conditions. NOTE: THIS PROPOSAL ASSUMES THAT NEW WATERMAIN EXTENSIONS WILL NOT BE REQUIRED BY THE REGULATORY AGENCIES FOR THIS PROJECT. C. Regulatory Process Assistance Page 235 of 307 MSA will assist the Client in obtaining approvals/permits from the regulatory agencies having jurisdiction over the water service and sanitary sewer main extension for the project as follows: 1. Submit DRY RUN Water and Sewer plans to MDWASD, City of Miami Gardens Public Work Dept and Miami Dade County Public Works Department for review and approval. 2. Retrieve approved DRY RUN plans, revise if needed per agency comments, prepare FDEP – Sewer main extension application(s), obtain required signatures and permit /review fees from the Owner/developer and submit FINAL signed and sealed water and sewer plans to MDWASD for review and approval. 3. Retrieve approved plans and FDEP applications from MDWASD and submit to Miami Dade County DERM-Wastewater Section for review and approval. 4. Receive final approved plans and wastewater system permit from DERM-Wastewater Section and submit to the Client. II. CONSTRUCTION PHASE SERVICES Milian, Swain & Associates (MSA) will assist the Client during the Construction phase phase of the project as follows: 1. Attend Pre-Construction meeting with the Client, the City and Water & Sewer Contractor. 2. Review and approve water and sewer shop drawings. 3. Perform limited construction observations of the water and sewer work at critical stages of construction (i.e. Witness sewer main lamping test and witness sewer system exfiltration test.) 4. Perform a Substantial Completion Construction observation of the proposed water service and sewer improvements, including preparation of a Punch List of any defects and discrepancies in the water and sewer work. 5. Perform a Final Construction Observation of the water service and sewer improvements to ensure satisfactory completion of all items in the Punch List. 6. Review water and sewer as-built drawings prepared, signed and sealed by contractor’s surveying consultant for compliance with the approved construction documents. 7. Prepare and submit the Sanitary Sewer System Completion of Construction Certification to Dade County DERM -Wastewater Section. COMPENSATION I. DESIGN & PERMITTING……………………………………………. $ 3,700.00 II. CONSTRUCTION PHASE SERVICES……………………………. $ 1,900.00 GRAND TOTAL: (Lump Sum Basis)………………………………… $ 5,600.00 Page 236 of 307 Any additional services requested will be performed, upon written authorization by CHISHOLM Architects (Client), based on additional Scope and Fees mutually agreed to between Client and Milian, Swain and Associates, Inc. (MSA). MSA will submit invoices to the Client on a monthly basis, for the percentage of the work completed (for Lump SumTasks). Invoices are due within thirty (30) days. If CLIENT fails to make any payment due to MSA for services and expenses within thirty (30) days after receipt of MSA’s invoice, MSA may, after giving seven (7) days written notice to CLIENT, suspend services under this Agreement until CLIENT has paid in full all amounts due to MSA for services rendered and expenses incurred. GENERAL: a. All applicable fees, including but not limited to, permit fees, approval fees, processing fees, mitigation fees, impact fees and outside consultant fees (i.e. soil and drainage testing, surveying, platting, landscaping and irrigation, environmental, etc.) are to be paid directly by the CLIENT. Costs of document reproduction required for regulatory agencies submittal is included in the Lump Sum Fees. Additional document reproduction requested will be charged, in addition to the Lump Sum fee, based on actual cost to MSA and supported by vendor receipt(s). All construction drawings will be prepared in Size D (24”x36”) sheets and using AutoCAD 2000 format and MSA’s drafting standards. b. This proposal is based on the design & permitting of the civil infrastructure improvements for this development as ONE single project. MSA reserves the right to renegotiate fees if the Owner or Client phases the project’s civil infrastructure requiring multiple design packages and multiple permit submittals and approvals. c. Preparation of Pollution Remediation plans, Environmental/Contamination/Wetlands site assessments and related environmental permitting (NPDES, SWPPP, E.R.P), if applicable to this project are not part of this proposal. d. If applicable, all effort that may be required for platting, R/W acquisition/dedication, property zoning change and attendance to related public hearings is not included in this proposal. ON-SITE AND OFFSITE CIVIL INFRASTRUCTURE DESIGN: a. MSA does not provide Structural Engineering Services. The design of reinforced concrete pavements subject to static/dynamic loads (whether inside or outside of the buildings), concrete walls/fences are to be designed by a structural engineer retained directly by the Client. b. This proposal includes the design and permitting assistance for the water distribution and gravity sewer systems as limited in the Scope of Services. Design of regional public/private sewage pump/lift stations, emergency generators and fueling facilities, sewage treatment plants, grease traps, septic/drainfield systems, fire pumps, fire wells, irrigation pumping, firelines & onsite/offsite water main extensions are not included in this proposal. c. Traffic Engineering Studies, preparation of signalization drawings, maintenance of traffic plans is not included in this proposal. Said services (if required) shall be directly procured by the Client. In addition, roadway design, turning lanes, roadway Lighting System(s) may be required by the regulatory agencies having jurisdiction; said design services are not included in this proposal. MEETINGS: a. Preparation for and attendance to Public Hearings, EQCB hearings, Public Meetings/Design Page 237 of 307 Workshops, presentations, requested by the Client or others are not included in this proposal. Said services will be performed by MSA upon authorization by the Client, based on agreed additional scope and associated professional fee. CONSTRUCTION PHASE: a. Preparation of legal instruments for water and sewer easement legal descriptions; if required, for conveying new water distribution and sewage collection systems is not included in this proposal. b. Construction Observations by MSA are limited to observing the work and materials that are to become part of a completed project in conformance with the approved construction documents. Construction Contract Management and implementation and monitoring of construction safety programs are not part of the MSA’s Scope of Services. MSA will not be held responsible for Contractor’s construction means, methods, techniques, sequences Page 238 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: (Enter Fund & Dept) eral Fund‐Parks creation Gen & Re Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilmember Andre’ Williams Department: Parks and Recreation Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO SUPPORT SHAKESPEARE MIAMI’S PRODUCTION OF MACBETH; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens understands the need for cultural programming and education in our community. To that end, the City wishes to sponsor a Shakespeare Miami production of Macbeth at Florida Memorial University January 22‐25. The event will include daytime shows for schools, as well as nightly shows for all ages. The mission of Shakespeare Miami is to promote literacy and appreciation of the arts through free performances. Councilman Andre’ Williams has raised $22,000 from community and business partners to support the event. The Parks and Recreation Department is allocating $12,050 to cover expenses related to the production, printing of programs, banners, and newspaper ads. Proposed Action: It is recommended that the City Council adopt the attached resolution, authorizing the City Manager to execute agreements associated with sponsoring the Shakespeare Miami production of Macbeth at Florida Memorial University. ITEM J-7) RESOLUTION CONSENT AGENDA Support Shakespeare Miami Producation of Macbeth Page 239 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: None. Page 240 of 307 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY FOR THE CITY TO SUPPORT SHAKESPEARE MIAMI’S PRODUCTION OF MACBETH; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens understands the need for cultural programming and education in our community, and WHEREAS, the City Council would like to sponsor the production Shakespeare Miami production of Macbeth on January 22-25, 2009 at Florida Memorial College, and 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 of the City of Miami Gardens hereby authorizes the City Manager to take any and all steps necessary in order to sponsor the production Shakespeare Miami production of Macbeth on January 22-25, 2009. 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 JANUARY 14, 2009. 1 Page 241 of 307 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: COUNCILMAN ANDRE’ WILLIAMS MOVED BY: SECOND BY: VOTE: Mayor Shirley Gibson _ (Yes) ___(No) Vice Mayor Barbara Watson _ (Yes) ___(No) Councilman Melvin L. Bratton (Yes) ___(No) Councilman Aaron Campbell _ (Yes) ___(No) Councilman Oliver Gilbert, III _ (Yes) ___(No) Councilwoman Sharon Pritchett (Yes) ___(No) Councilman André Williams _ (Yes) ___(No) 2 Page 242 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: General Fund & Transportation Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Councilman Andre Williams Department: City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO PURSUE LITIGATION AGAINST MIAMI-DADE COUNTY RELATING TO THE HALF-CENT TRANSPORTATION SALES SURTAX; DIRECTING THE CITY ATTORNEY AND CITY MANAGER TO ENGAGE OTHER MUNICIPALITIES WHO HAVE AN INTEREST IN PURSUING LITIGATION AGAINST MIAMI-DADE COUNTY; PROVIDING FOR REPORTING REQUIREMENTS; PROVIDING PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On November 5, 2002 Miami‐Dade County voters approved a Transpiration Sales Surtax which was to be used for the expansion and enhancement of the County’s transit and transportation network. In order to gain support for this initiative, the County solicited the support of the existing municipalities and agreed to dedicate twenty percent (20%) of the proceeds to exiting municipal governments. As a part of this agreement, the County included the Unincorporated Municipal Service Area (UMSA) as a defacto municipality to share in the proceeds of the dedicated municipal portion of the tax revenues. However, in 2002 the UMSA revenues were inclusive of the City of Miami Gardens and other newer municipalities such as, Doral, Palmetto Bay, Cutler Bay, etc. ITEM K-1) RESOLUTION Half Cent Tansporation Sale Surtax Page 243 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The above mentioned agreement did make provisions that all new municipalities would have the ability to negotiate with the County if they wanted to receive a portion of the funds. To date, Miami‐Dade County has refused to negotiate with the City of Miami Gardens for our proportionate share of the surtax; of which City of Miami Gardens residents have contributed upwards of $19.1 million since incorporation. While the City has received the indirect benefits of the tax (new bus routes, increased bus services, etc), Miami Gardens has not received any direct funds like the other 31 cites currently covered under the agreement. Proposed Action: Councilman Andre Williams recommends that the City Council authorize the City manager and the City attorney to pursue litigation against Miami Dade County relating to the Half cent Transportation Sales surtax. Attachment: Attachment A: Municipal Expenditures of Transportation Surtax Attachement B: Local Half Cent Tax County Distribution Attachment C: Estimated Miami Gardens Revenue Page 244 of 307 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY AND CITY MANAGER TO PURSUE LITIGATION AGAINST MIAMI-DADE COUNTY RELATING TO THE HALF-CENT TRANSPORTATION SALES SURTAX; DIRECTING THE CITY ATTORNEY AND CITY MANAGER TO ENGAGE OTHER MUNICIPALITIES WHO HAVE AN INTEREST IN PURSUING LITIGATION AGAINST MIAMI-DADE COUNTY; PROVIDING FOR REPORTING REQUIREMENTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 5, 2002, the voters of Miami-Dade County approved a Transportation Sales Surtax which was to be used for the expansion and enhancement of the County’s transit and transportation network, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, in order to garner approval for the ballot measure, the County entered into an Agreement with cities that were existing at the time, to allocate twenty percent (20%) of the proceeds directly to those cities for their own transportation needs, and WHEREAS, the Agreement that the County entered into with existing cities provided that only those cities in existence at the time of the Agreement would share in the twenty percent (20%) proceeds, which included the Unincorporated Municipal Service Area (UMSA) as a defacto city and WHEREAS, the Agreement also provides that any new city would have to negotiate with the County if they wanted any of the funds, and WHEREAS, Miami-Dade County has refused to negotiate with the City of Miami Gardens and other newer municipalities with respect to their proportionate share of the half-cent transportation tax, and Page 245 of 307 WHEREAS, it is estimated that City of Miami Gardens residents have paid approximately $19.1 million dollars since its incorporation, towards the half-cent transportation tax since the City was incorporated, and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the residents of Miami Gardens have received no direct benefit of the taxes, while and other cities have used their allocation to provide transportation enhancements and services to their residents, and WHEREAS, UMSA received its proportionate share of the 20%, which is inclusive of the physical areas now incorporated into Miami Gardens and other newer municipalities, and WHEREAS, although the City’s residents continue to pay the half-cent transportation sales surtax, the City’s residents do not enjoy any allocation from the amounts collected by Miami-Dade County, and WHEREAS, Miami-Dade County is treating newer municipalities different than existing municipalities even though everyone is being taxed the same, and WHEREAS, the the City Council of the City of Miami Gardens believes that represents taxation without equal representation and an illegal retention of funds designated for newer municipal areas, and WHEREAS, the City Council of the City of Miami Gardens would like to take action in order to require Miami-Dade County to share with all newly formed municpalities in the proceeds of the half-cent transportation tax, and WHEREAS, the City Council believes that it is important to garner the support of other similarly situated municipalities whose residents are also paying the surtax, but Page 246 of 307 are not sharing in the benefits of it and would like to authorize staff to engage these other municipalities, 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 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 of the City of Miami Gardens hereby authorizes the City Attorney and City Manager to take any and all steps necessary in order to initiate litigation against Miami-Dade County relating to the County’s failure to allocate any portion of the half-cent transportation surtax it has collected in UMSA to the City of Miami Gardens and other newly formed cities. Section 3. DIRECTIONS: The City Manager and City Attorney are hereby directed to engage other municipalities who are not receiving an allocation of funds from the half-cent transportation sales surtax from Miami-Dade County to determine whether they would like to participate with the City in pursing litigation against Miami-Dade County Section 4. REPORTING: Prior to initiating any litigation against Miami-Dade County related to the half-cent transportation sales surtax, the City Manager and City Attorney shall provide a report to the City Council of all municipalities who have an interest in participating in litigation against Miami-Dade County for this purpose. Section 5. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 247 of 307 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 14, 2009. 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Councilman Andre’ Williams MOVED BY:_____________________ VOTE: _____ 86 Mayor Shirley Gibson (Yes) ___(No) 87 Vice Mayor Barbara Watson (Yes) ___(No) 88 Councilman Melvin L. Bratton (Yes) ___(No) 89 Councilman Aaron Campbell (Yes) ___(No) 90 Councilman Oliver Gilbert, III (Yes) ___(No) 91 Councilwoman Sharon Pritchett (Yes) ___(No) 92 Councilman André Williams (Yes) ___(No) 93 94 95 SKD/teh 8308143_1.DOC Page 248 of 307 From: William Alonso Sent: Tuesday, January 06, 2009 4:32 PM To: Renee C. Farmer Subject: Emailing: CITT ‐View All Projects View All Projects Municipality Project Name Type Project Cost Start Date End Date City of Aventura Road Resurfacing Program Transportation $1,250,000.00 1/2006 1/2011 City of Aventura Transportation System Transit $1,000,000.00 6/2006 6/2011 City of Aventura Street Lighting Improvements Transportation $687,188.00 1/2005 1/2006 City of Coral Gables Coral Gables Trolley Transit $324,000.00 6/2005 6/2007 City of Florida City Roadway Resurfacing Transportation $762,649.00 6/2006 6/2011 City of Florida City Roadway Lighting Transportation $213,000.00 6/2006 6/2011 City of Florida City Maintenance Equipment Transportation $65,000.00 6/2006 6/2008 City of Florida City Bus Shelters Transit $308,414.00 6/2006 6/2011 City of Florida City Adminstrative Costs Transportation $67,500.00 6/2006 6/2011 City of Hialeah Hialeah Transit System Transit $2,568,500.00 10/2006 9/2011 City of Hialeah Gardens Marlin Route Circulator $206,644.00 1/2006 1/2011 City of Hialeah Gardens North District Road Improvement Project Transportation $290,000.00 12/2005 5/2006 City of Hialeah Gardens Marlin Crculator Transit $1,500,000.00 6/2006 6/2011 City of Hialeah Gardens Bonded Debt Transportation $2,195,000.00 10/2006 9/2010 City of Miami NW 20th Street Streetscape (B-30328) Transportation $384,500.00 10/2005 4/2006 City of Miami Pre-Disaster Mitigation Grant Application (PDM 05' 06') (B-30205A) Transportation $14,000.00 1/2006 12/2006 City of Miami Model City/Floral Park -Street Improvements Phase I (B-40703) Transportation $2,443,771.00 11/2004 9/2005 City of Miami Gateway Signage and landscape improvements (B-30209) Transportation $230,388.00 5/2006 2/2008 City of Miami Citywide Traffic Circles (B-30235) Transportation $476,100.00 6/2004 6/2006 City of Miami Civic Center Implementation Plan (B-30248) Transportation $135,000.00 6/2005 7/2006 City of Miami NW 3rd Street Improvements Transportation $967,500.00 6/2005 5/2006 CITT -View All Projects Page 1 of 6 file://X:\Departments\CityClerk\MBataille\January 14, 2009\K-1 Half Cent Transportation ... 1/9/2009 Page 249 of 307 City of Miami Avalon Storm Sewer Project, Phase I -II (B-50685) Transportation $5,880,000.00 3/2004 3/2007 City of Miami NE 4th Street Improvements (B-30357) Transportation $175,000.00 7/2005 10/2006 City of Miami Intermodal Planning Component (B-31201) Transportation $100,000.00 10/2004 9/2009 City of Miami NE 39 Street Reconstruction (Design District /FEC) (B-31208) Transportation $2,343,600.00 1/2005 11/2006 City of Miami NW 14 Street Project (B-50686) Transportation $2,887,001.00 8/2002 4/2006 City of Miami NE 38 Street Reconstruction (B-31209) Transportation $2,473,800.00 2/2005 5/2007 City of Miami Flagami/West End Storm Sewer Improvements PH II (B-50695) Transportation $9,030,000.00 5/2003 1/2009 City of Miami NE 9, 10 & 11 Streets Two Way Street Conversion (B-33100) Transportation $247,209.00 8/2004 9/2006 City of Miami Battersea and Douglas Road Storm Sewer Improvement (B-50700) Transportation $767,263.00 3/2005 12/2006 City of Miami Spring Garden Bridge Repairs (B-60459) Transportation $1,406,346.00 5/2005 2/2007 City of Miami Miami River Greenway Streetscape Project -Segment E2 (B-40693) Transportation $596,149.00 5/2003 4/2006 City of Miami Miami River Greenway Project -Segment G-Jose Marti Extension (B-40695) Transportation $994,777.00 5/2003 5/2006 City of Miami Miami Street Car Project (B-71215) Transit $132,255,000.00 1/2005 9/2011 City of Miami SW 69 Avenue Road Priority Reconstruction Project (B-40697) Transportation $1,173,165.00 3/2004 4/2006 City of Miami Miami Streetcar -Midtown Miami CDD (B-71215B) Transit $1,163,000.00 2/2005 1/2006 City of Miami Little River Road Improvements Project -Phase I (B-40700) Transportation $2,604,000.00 4/2006 9/2007 City of Miami Miami Streetcar -Underground Infrastructure @Midtown Miami (B-71215D) Transit $3,758,378.00 2/2006 12/2006 City of Miami Miami Streetcar -Program Management -Specialty Services (B-71215E) Transit $1,500,199.00 8/2005 8/2006 City of Miami Circulator Services (B-71201) Transit $600,000.00 10/2005 9/2006 City of Miami Miami River Greenways -NW 5th Street Bridge Extension (B-30336) Transportation $2,000,000.00 5/2007 10/2008 City of Miami Miami Streetcar -Marlin Program Management (B-71215C) Transit $435,361.00 1/2005 10/2005 City of Miami Beach South Beach Local Transit $2,256,690.00 1/2006 1/2011 City of Miami Springs Underground streetlight wiring upgrade Transportation $3,000,000.00 1/2006 12/2011 City of Miami Springs Street resurfacing Transportation $500,000.00 6/2006 12/2011 City of Miami Springs Storage facility Transportation $40,000.00 7/2006 12/2010 City of Miami Springs Program Administration Transportation $375,000.00 1/2006 12/2011 CITT -View All Projects Page 2 of 6 file://X:\Departments\CityClerk\MBataille\January 14, 2009\K-1 Half Cent Transportation ... 1/9/2009 Page 250 of 307 City of Miami Springs Pavement markings Transportation $60,000.00 8/2006 12/2011 City of Miami Springs Signs and Guardrails Transportation $165,000.00 1/2006 12/2011 City of Miami Springs Stormwater Transportation $70,087.00 9/2006 12/2007 City of Miami Springs Shuttle service Transit $65,000.00 10/2006 6/2007 City of Miami Springs Shuttle Driver Transit $100,000.00 6/2007 6/2008 City of Miami Springs Bus shelters Transit $150,000.00 1/2007 12/2011 City of Miami Springs Bus stop sidewalks Transit $200,000.00 10/2006 12/2011 City of North Miami Transit Outreach Program -NoMi Express Transit $3,500,000.00 7/2004 6/2010 City of North Miami Transportation Studies Transit $112,000.00 1/2005 4/2006 City of North Miami Traffic Calming Analysis Transit $456,000.00 6/2005 9/2010 City of North Miami Street Conditioning Study Transit $76,000.00 1/2006 9/2006 City of North Miami NE 7 Court Road Closure Transportation $400,000.00 2/2006 9/2006 City of North Miami Transportation Manager Transportation $1,100,000.00 1/2004 9/2013 City of North Miami Street Resurfacing Transit $4,000,000.00 1/2004 9/2013 City of North Miami Roadway Signage Replacement Transit $200,000.00 4/2006 9/2008 City of North Miami Curb & Gutter Installation Transportation $350,000.00 1/2004 9/2013 City of North Miami Pedestrian Walkway Repairs Transportation $650,000.00 1/2004 9/2013 City of North Miami Street Lighting Improvements Transportation $750,000.00 4/2006 9/2014 City of North Miami Breezeswept Rights-of-way Restoration Transportation $3,100,000.00 3/2004 9/2009 City of North Miami Traffic Calming Transportation $2,320,000.00 3/2005 9/2010 City of North Miami Material Storage Area Transportation $88,000.00 1/2006 9/2006 City of North Miami Street Tree Maintenance Transportation $1,000,000.00 3/2004 9/2013 City of North Miami Median Restoration -129 Street Transportation $110,000.00 3/2006 9/2006 City of North Miami Courtyard Bollard Replacements Transportation $120,000.00 3/2006 9/2009 City of North Miami Roadway Maintenance Equipment Transportation $500,000.00 3/2004 3/2013 City of North Miami Storage Facilities Transportation $650,000.00 1/2007 9/2008 City of North Miami Roadway Drainage Improvements Transportation $2,700,000.00 1/2007 9/2011 City of North Miami Bicycle Pathway Program Transportation $1,200,000.00 1/2007 9/2008 City of North Miami Master Plan Implementation Transportation $2,000,000.00 1/2007 9/2016 City of Opa-Locka City of Opa-Locka Bus Circulator Transit $318,000.00 6/2005 6/2010 City of Opa-Locka City of Opa-Locka Transit/Transportation Implementation Plan Transit $245,340.00 6/2005 6/2010 City of Opa-Curb Cuts Transportation $103,332.00 6/2005 6/2010 CITT -View All Projects Page 3 of 6 file://X:\Departments\CityClerk\MBataille\January 14, 2009\K-1 Half Cent Transportation ... 1/9/2009 Page 251 of 307 Locka City of Opa-Locka New Drainage and Roadway Reconsrtuction Transportation $877,130.00 6/2005 6/2006 City of Opa-Locka NW 22nd Avenue Improvement Transportation $74,000.00 6/2005 6/2006 City of Opa-Locka New Drainage and Reconstruction Transportation $1,570,100.00 6/2005 6/2008 City of Opa-Locka Citywide Pothole Repairs Transportation $650,000.00 6/2005 6/2010 City of Opa-Locka Roadway Resurfacing and restripping Transportation $125,000.00 6/2005 6/2010 City of Opa-Locka New Drainage and Resurfacing work at Miracle Lake Transportation $725,000.00 1/2005 1/2010 City of South Miami Traffic Calming Transit $61,000.00 10/2006 10/2008 City of South Miami Traffic Calming Transportation $76,436.00 10/2007 10/2009 City of South Miami Traffic Calming Transportation $15,000.00 10/2008 10/2009 City of South Miami Roadway Resurfacing Transportation $161,400.00 10/2005 10/2009 City of South Miami Bus Pullout Bay Transit $25,000.00 10/2006 10/2007 City of South Miami Trolley System Transit $172,502.00 10/2005 10/2010 2010 City of South Miami Bus Shelters Transit $76,251.00 10/2006 10/2009 City of South Miami Traffic Calming Transportation $151,936.00 10/2006 10/2008 City of South Miami Traffic Calming & Drainage Improvement Transportation $196,118.00 10/2006 10/2008 City of South Miami Traffic Control Transit $25,000.00 10/2004 10/2007 City of Sunny Isles Beach Community Shuttle Bus Program Transit $140,000.00 1/2005 1/2010 City of Sweetwater Circulator Bus Fuel Transit $6,000.00 1/2005 1/2011 City of Sweetwater Road Resurfacing Transportation $62,000.00 2/2005 2/2010 City of Sweetwater Curb Cuts Transportation $9,000.00 1/2005 1/2010 City of Sweetwater Sidewalks Transportation $20,825.00 1/2005 1/2010 City of Sweetwater New Sidewalk Construction Transportation $6,500.00 1/2005 1/2011 City of Sweetwater Circulator Bus Transit $275,000.00 1/2006 1/2011 City of West Miami Traffic Calmers Transportation $385,000.00 10/2003 9/2011 City of West Miami Hour Loop Transit $78,000.00 10/2005 9/2010 City of West Miami Hour Loop Transit $18,000.00 10/2005 9/2010 City of West Miami Hour Loop Transit $187,000.00 10/2005 9/2012 City of West Miami Street Sweeping Transportation $25,000.00 10/2005 9/2010 City of West Miami Administration management Transportation $42,000.00 10/2005 9/2012 City of West Miami Public Transportation Maintenance and Operation Transportation $220,000.00 10/2005 9/2012 Indian Creek Village Bridge Rehabilitation Project Transportation $4,000.00 6/2006 6/2012 CITT -View All Projects Page 4 of 6 file://X:\Departments\CityClerk\MBataille\January 14, 2009\K-1 Half Cent Transportation ... 1/9/2009 Page 252 of 307 Town of Golden Beach Paver Crosswalks Transportation $6,000.00 6/2005 6/2006 Town of Golden Beach Traffic Calming Project Transportation $30,000.00 6/2005 6/2010 Town of Golden Beach Roadway Stripping Project Transportation $25,000.00 6/2005 6/2010 Town of Medley Circulator Study Transit $7,500.00 6/2005 6/2006 Town of Medley Circulator Bus Transit $1.00 1/2006 1/2010 Town of Medley Circulator Bus Maintenance Transit $1.00 1/2006 1/2007 Town of Medley Traffic Corridor Study Transportation $9,000.00 1/2005 1/2006 Town of Medley Traffic Control Signals Transportation $9,000.00 1/2006 1/2010 Town of Miami Lakes Circulator Transit $200,000.00 1/2006 1/2011 Town of Miami Lakes Bus Shelters Transit $100,000.00 1/2006 1/2011 Town of Surfside Roadway and Right-of-Way Maintenance and Equipment Transportation $50,000.00 1/2006 1/2011 Town of Surfside Circulator Transit $240,000.00 1/2006 1/2011 Town of Surfside Citywide traffice signs Transportation $125,000.00 1/2006 1/2011 Town of Surfside Citywide Road Reconstruction Transportation $300,000.00 1/2006 1/2009 Village of Biscayne Park City Circulator Transit $150,000.00 6/2006 6/2011 Village of Biscayne Park Neighborhood Improvements Transportation $58,000.00 6/2006 6/2007 Village of Biscayne Park Neighborhood Improvements $235,000.00 6/2007 6/2008 Village of Biscayne Park ADA Curb Cuts Transportation $130,792.00 6/2006 6/2011 Village of El Portal Transit Shelters Transit $23,762.00 6/2005 6/2010 Village of El Portal 87th Street Traffic Calming Project Transportation $580,000.00 6/2005 6/2010 Village of El Portal Landscaping and Traffic Signs Project Transportation $50,000.00 6/2005 6/2010 Village of Key Biscayne Harbor Drive Street Drainage Transportation $250,000.00 1/2006 1/2007 Village of Key Biscayne Bus Shelter $3,469,000.00 1/2006 1/2011 Village of Key Biscayne Street Tree Program Transportation $25,000.00 1/2006 1/2007 Village of Miami Shores Engineering costs for drainage progran designs Transportation $250,000.00 10/2006 12/2012 Village of Miami Shores Street resurfacing Transportation $771,780.00 10/2006 12/2011 Village of Purchase signs and road CITT -View All Projects Page 5 of 6 file://X:\Departments\CityClerk\MBataille\January 14, 2009\K-1 Half Cent Transportation ... 1/9/2009 Page 253 of 307 Miami Shores materials Transportation $31,000.00 10/2006 12/2011 Village of Miami Shores Village Circulator Bus Service Transit $316,347.00 10/2006 12/2011 Village of Miami Shores Administrative costs Transportation $490,870.00 10/2006 12/2011 Village of Miami Shores Maintenance of Traffic Calming medians Transportation $189,330.00 1/2006 1/2011 Village of Miami Shores Bus Stop Compliance Transit $220,000.00 1/2006 1/2011 Village of Palmetto Bay Administration Transportation $212,735.00 10/2007 9/2012 Village of Palmetto Bay Drainage Maintenance Transportation $125,000.00 10/2007 9/2012 Village of Palmetto Bay Traffic Calming Transportation $2,045,000.00 10/2007 9/2012 Village of Palmetto Bay Level of Service Transportation $125,000.00 10/2007 9/2012 Village of Palmetto Bay Bicyle Path/Landscaping Improvements Transportation $295,000.00 10/2007 9/2012 Village of Palmetto Bay Roadway Resurfacing/Restriping Transportation $1,811,000.00 10/2007 9/2012 Village of Palmetto Bay Level of Service Improvements Intersections Transportation $311,200.00 10/2007 9/2012 Village of Pinecrest Village wide road resurfacing & striping Transportation $2,080,795.00 6/2005 9/2010 Village of Pinecrest Park & Ride Park Transit $732,484.00 6/2006 10/2011 Village of Pinecrest Bus benches Transportation $4,650.00 1/2007 12/2010 Village of Virgina Gardens Roadway and Right of Way Maintenance Transportation $9,000.00 1/2005 1/2010 Village of Virgina Gardens Roadway Drainage Transportation $20,000.00 1/2005 1/2010 Village of Virgina Gardens Administration Transportation $3,000.00 1/2005 1/2010 Village of Virgina Gardens Citizen's Transit Service Transit $7,000.00 1/2005 1/2010 Village of Virgina Gardens Transit Operator Transit $5,000.00 1/2005 1/2010 Village of Virgina Gardens Circulator Maintenance Transit $1,000.00 1/2005 1/2010 Village of Virgina Gardens Roadway Maintenance Equipment Transportation $20,000.00 1/2005 1/2010 CITT -View All Projects Page 6 of 6 file://X:\Departments\CityClerk\MBataille\January 14, 2009\K-1 Half Cent Transportation ... 1/9/2009 Page 254 of 307 1/2%Tax Rate 2.3% 7.0% 7.8% 7.2% 5 Year Total 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 1/2 cent Sales Local Government Distribution Distribution Distribution Distribution Distribution Surtax Revenue Alachua 19,510,313 19,959,050 21,356,184 23,021,966 24,679,548 108,527,061 Baker 825,126 844,104 903,191 973,640 1,013,559 4,559,620 Bay 17,055,775 17,448,058 18,669,422 20,125,637 20,950,788 94,249,679 Bradford 1,298,494 1,328,359 1,421,345 1,532,209 1,595,030 7,175,437 Brevard 40,229,672 41,154,954 44,035,801 47,470,594 49,416,888 222,307,910 Broward 179,901,110 184,038,836 196,921,554 212,281,435 220,984,974 994,127,909 Calhoun 369,236 377,728 404,169 435,695 453,558 2,040,387 Charlotte 1 3,788,217 14,105,346 15,092,720 16,269,952 16,937,020 76,193,256 Citrus 7 ,745,420 7,923,565 8,478,214 9,139,515 9,514,235 42,800,949 Clay 10,766,926 11,014,565 11,785,585 12,704,860 13,225,760 59,497,696 Collier 3 7,661,406 38,527,618 41,224,552 44,440,067 46,262,109 208,115,752 Columbia 5,005,535 5,120,662 5,479,109 5,906,479 6,148,645 27,660,430 De Soto 1,496,565 1,530,986 1,638,155 1,765,931 1,838,334 8,269,971 Dixie 4 14,674 424,212 453,906 489,311 509,373 2,291,476 Jacksonville-Duval 8 8,990,605 91,037,389 97,410,006 105,007,987 109,313,314 491,759,301 Escambia 2 4,708,404 25,276,697 27,046,066 29,155,659 30,351,041 136,537,868 Flagler 4 ,059,043 4,152,401 4,443,069 4,789,628 4,986,003 22,430,145 Franklin 7 67,609 785,264 840,232 905,771 942,907 4,241,783 Gadsden 1 ,731,336 1,771,157 1,895,138 2,042,958 2,126,720 9,567,309 Gilchrist 343,324 351,220 375,806 405,119 421,729 1,897,198 Glades 204,610 209,316 223,968 241,438 251,337 1,130,668 Gulf 524,158 536,214 573,749 618,501 643,860 2,896,481 Hamilton 415,825 425,389 455,166 490,669 510,787 2,297,836 Hardee 981,351 1,003,922 1,074,197 1,157,984 1,205,461 5,422,915 Hendry 2,186,653 2,236,946 2,393,532 2,580,228 2,686,017 12,083,376 Hernando 8,886,122 9,090,503 9,726,838 10,485,531 10,915,438 49,104,432 Highlands 6,226,697 6,369,911 6,815,805 7,347,438 7,648,683 34,408,533 Hillsborough 126,978,286 129,898,787 138,991,702 149,833,054 155,976,210 701,678,038 Holmes 504,264 515,862 551,972 595,026 619,422 2,786,547 Indian River 11,457,623 11,721,148 12,541,629 13,519,876 14,074,191 63,314,466 Jackson 2,462,462 2,519,099 2,695,436 2,905,680 3,024,812 13,607,488 Jefferson 688,704 704,544 753,862 812,664 845,983 3,805,757 Lafayette 147,308 150,696 161,245 173,822 180,949 814,019 Lake 19,735,448 20,189,363 21,602,619 23,287,623 24,242,416 109,057,469 Lee 67,834,636 69,394,833 74,252,471 80,044,164 83,325,974 374,852,078 Leon 21,925,811 22,430,105 24,000,212 25,872,229 26,932,990 121,161,346 Levy 1,846,909 1,889,388 2,021,645 2,179,333 2,268,686 10,205,961 Liberty 159,536 163,205 174,630 188,251 195,969 881,591 Madison 527,790 539,929 577,724 622,787 648,321 2,916,551 Manatee 24,812,994 25,383,693 27,160,551 29,279,074 30,479,516 137,115,829 Marion 25,519,379 26,106,325 27,933,767 30,112,601 31,347,218 141,019,290 Martin 16,712,089 17,096,467 18,293,220 19,720,091 20,528,615 92,350,481 Miami-Dade 220,286,167 225,352,749 241,127,441 259,935,382 270,592,732 1,217,294,471 Monroe 13,776,305 14,093,160 15,079,681 16,255,896 16,922,388 76,127,431 Nassau 4,327,800 4,427,339 4,737,253 5,106,759 5,316,136 23,915,287 Okaloosa 19,178,667 19,619,776 20,993,161 22,630,627 23,558,483 105,980,714 Okeechobee 2,433,107 2,489,068 2,663,303 2,871,041 2,988,754 13,445,273 Orange 177,746,199 181,834,362 194,562,767 209,738,663 218,337,948 982,219,938 Osceola 21,896,983 22,400,614 23,968,657 25,838,212 26,897,578 121,002,043 Palm Beach 129,518,541 132,497,467 141,772,290 152,830,529 159,096,580 715,715,408 Pasco 25,929,795 26,526,180 28,383,013 30,596,888 31,851,360 143,287,236 Pinellas 77,953,546 79,746,478 85,328,731 91,984,372 95,755,731 430,768,858 Polk 42,445,074 43,421,311 46,460,802 50,084,745 52,138,220 234,550,152 Putnam 3,510,431 3,591,171 3,842,553 4,142,272 4,312,105 19,398,532 Saint Johns 14,189,079 14,515,428 15,531,508 16,742,965 17,429,427 78,408,407 Saint Lucie 15,646,824 16,006,701 17,127,170 18,463,089 19,220,076 86,463,860 Santa Rosa 5,897,376 6,033,016 6,455,327 6,958,842 7,244,155 32,588,715 Sarasota 38,378,058 39,260,753 42,009,006 45,285,709 47,142,423 212,075,949 Seminole 40,658,946 41,594,102 44,505,689 47,977,133 49,944,195 224,680,064 Sumter 4,820,390 4,931,259 5,276,447 5,688,010 5,921,218 26,637,324 Suwannee 1,802,534 1,843,992 1,973,072 2,126,971 2,214,177 9,960,747 Taylor 1,193,622 1,221,075 1,306,551 1,408,462 1,466,208 6,595,918 Union 346,733 354,708 379,537 409,141 425,916 1,916,036 Volusia 37,873,858 38,744,957 41,457,104 44,690,758 46,523,079 209,289,755 Wakulla 955,156 977,125 1,045,523 1,127,074 1,173,284 5,278,162 Walton 6,523,494 6,673,534 7,140,682 7,697,655 8,013,259 36,048,624 Washington 846,871 866,349 926,993 999,299 1,040,270 4,679,783 STATEWIDE TOTALS $ 1,705,543,001 $ 1,744,770,490 $ 1,866,904,424 $ 2,012,522,969 $ 2,095,750,092 $ 9,425,490,977 Local Government Half-Cent Sales Tax Revenue Estimates for the Local Fiscal Year Ending September 30, 2008 -Ordinary Distribution Revised: March 27, 2008 Page 1 Page 255 of 307 1/2%Tax Rate 2.3% 7.0% 7.8% 7.2% 5 Year Total 2007-2008 2008-2009 2009-2010 2010-2011 2011-2012 1/2 cent Sales Local Government Distribution Distribution Distribution Distribution Distribution Surtax Revenue Local Government Half-Cent Sales Tax Revenue Estimates for the Local Fiscal Year Ending September 30, 2008 -Ordinary Distribution Notes: 5) Percentage increases are based on the data on page 12 of the March 11, 2008 General Revenue Estimating Conference Comparison Report. This data can be found at the following website address: http://edr.state.fl.us/conferences/gener alrevenue/grpackage.pdf 4) The dollar figures represent a 100 percent distribution of estimated monies. Estimates were derived from DOR's Office of Tax Research. 1) Information on the Local Government Half-cent Sales Tax Program can be found in the "2007 Local Government Financial Information Handbook" on pages 61-80. The handbook can be found at the following website address: http://www.floridalcir.gov/UserContent/docs/File/reports/lgfih07.lgfih07.pdf. 2) As of July 1, 2006, fiscally constrained counties receive a separate distribution from the Local Government Half-cent Sales Tax Clearing Trust Fund, and therefore are not included in the ordinary distribution numbers. 3) Revenue estimates, based on the default formula methodology, are provided for every jurisdiction even though some counties do not impose a local discretionary sales surtax or an interlocal agreement which specifies the distribution percentages in some jurisdictions. These estimates may assist local officials considering a future levy, rate change, or change in distribution methodology. Revised: March 27, 2008 Page 2 Page 256 of 307 200 33 986 10 1 130 9 326% 3 169 Attachment C CALCULATION OF HALF CENT TRANSPORTATION TAX The half cent transportation tax was allocated to municipalities based on their population as a percentage of total County population. The calculation below takes the total annual tax reveue that was allocated(column A) and multiplies it by the City's % of population to arrive at the tax revenues the City would have received from inception(Column c). As you can see the City has missed out on $19.1 million in transportation tax revenues since incorporation. A B C Total Tax City Revenues City Total City % Share of Allocated** Population Population** f Population Allocation 2003 21,054,788 100,809 1,111,032 9.073% 1,910,397 2004 32,261,494 105,414 1,111,032 9.488% 3,060,950 2005 33,986,544 105,457 1,130,729 9.326% 3,169,742 2006 37,903,524 107,579 1,145,173 9.394% 3,560,705 2007 38,007,364 107,579 1,151,595 9.342% 3,550,549 2008 41,000,000 109,000 1,160,869 9.390% 3,849,702 Totals 204,213,714 $ 19,102,044 Lost Revenues ** ** The annual tax revenues and total populations were obtained from the County's CITT website which provides the annual tax distributions. Page 257 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 14, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) eneral F de Ex: G olic un P Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO INITIATE LITIGATION AGAINST TLMC, INC., FOR FAILURE TO PAY ITS SUB-CONTRACTOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On December 11, 2007, the City Manager approved the City’s first Replacement Home Project for a single family residence located at 3535 N.W. 213 Street. The applicant is Ms. Dorothy Morrison, who was initially being assisted thru the City’s Housing Rehab Program. In the course of repairing her house, the general contractor discovered that the structural beams supporting the house were severely rotted. While the repair area was exposed, the City’s Building Official performed a physical inspection and concluded that the general contractor’s assessment was correct. Given the magnitude of the repair, it was determined that this house was a candidate for a replacement home (when the cost of repair exceeds 50% of the property value). All of the Community Development housing rehab program projects work in the same manner; the City enters into a loan agreement with the property owner for the amount set by program limits. An independent inspection is performed of the property and a scope of work is generated. That scope of work is used to solicit bids from the City’s approved contractors under the Community Development ITEM K-2) RESOLUTION Authorizing Litigation against TLMC, Inc. Page 258 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 housing rehab program. Bids are open at a designated date/time and the lowest responsible bidder is selected. A contract is then executed between the property owner and the contractor for the repair work outlined in the scope of work. The scope of work for the Morrison Replacement Home Project included the demolition of the existing structure and the construction of a new housing unit in its place. The lowest responsible bidder for this project was TLMC, Inc. The contract between Ms. Morrison and TLMC, Inc. was executed on December 12, 2007 and a notice to proceed was given to the contractor on December 18, 2007. After initial delays in obtaining the required demolition and building permits, TLMC, Inc. finally began the demolition work. However, Community Development staff noticed that after completion of the demolition, site preparation and construction was inexcusably stalled. During this delay, the City sent correspondence to TLMC on the property owner’s behalf and advised them that they were already behind their construction completion schedule. A second correspondence was sent to TLMC requesting a revised construction completion schedule or risk being terminated from project. The deadline to respond was not met and the property owner proceeded to submit a formal change of contractor notice. In the course of selecting the next bidder in line for this project, the City was contacted by two (2) subcontractors Omega Contracting, Inc., and Allied Trucking of Florida hired by TLMC, who indicated that they had not been paid. The City reviewed its records and confirmed that payments totaling $5,982.86 were made to TLMC to cover the services rendered by the two sub‐contractors. Moreover, when TLMC submitted their payment requests to the City, they certified that all sub‐contractors relating to the services for which they were billing had been paid. This was not the case, and consequently these two sub‐contractors proceeded to place liens on Ms. Morrison’s property. Upon being made aware of this situation, the City sent TLMC’s principle, Ms. Tammy McNair formal correspondence requesting that payment to these subs be made immediately. We received no response to this correspondence. In the interest of appeasing concerns of the property owner, the City proceeded to make direct payments to the two sub‐contractors and obtaining releases of liens. Meanwhile, staff continued to pursue other measures to recapture the funds paid to TLMC. Staff contacted HUD and inquired about having this contractor debarred from working on any HUD funded projects. However, their response was that TLMC’s actions were not sufficient to warrant debarment according to HUD regulations. It should be noted, however, that staff immediately flagged this contractor in our EDEN system to ensure that they would not be able to apply for any building permit in the City. Staff’s next recourse to recapture these funds was to submit a formal complaint to the Florida Department of Business and Professional Regulation. Unfortunately we received a response from this agency “determining that there is insufficient evidence of a violation(s) of the statute or rules which govern the professional licensee identified in your complaint”. Moreover, it was determined that the matter appears to be civil in nature and will have to be addressed in a court with appropriate jurisdiction. Current Situation Page 259 of 307 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The issues outlined above have not halted the Replacement Home Project. In fact, the project was projected to be completed by December 24, 2008. However, at issue is the $5,982.86 that was overpaid to TLMC, Inc. for failure to pay its sub‐contractors. In addition, TLMC’s poor performance caused extensive delays in this project, hence significantly inconveniencing the property owner. City staff has determined that the next appropriate course of action is to file the required civil complaint/claim against TLMC. It is staff’s position that contractors who do business in this manner should be penalized to the full extent of the law. This resolution seeks City Council approval to authorize the City Attorney to pursue any and all legal civil remedies to recapture the funds overpaid to TLMC, Inc. as long as the costs of said remedies are reasonable in relation to the recapture amount. Recommendation: It is staff’s recommendation that Council approve the attached Resolution authorizing the City Attorney to pursue any and all legal civil remedies to recapture funds paid to TLMC, Inc. Attachment(s): Attachment A‐Homeowner/Contractor Agreement Attachment B‐Letter dated 12/13/2007 to TLMC Enterprises, Inc. Attachment C‐Letter dated 07/24/2008 to TLMC Enterprises, Inc. Attachment D‐Memorandum dated 8/12/2008 from Daniel Rosemond to Chris Steers Attachment E‐Letter from Florida Department of Business and Professional Regulation Page 260 of 307 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO INITIATE LITIGATION AGAINST TLMC, INC., FOR FAILURE TO PAY ITS SUB-CONTRACTOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 11, 2007, the City approved its first Replacement Home Project for a single family residence located at 3535 Northwest 213th Street, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, in the course of making repairs to the home, it was discovered that structural beams were rotted and needed to be repaired, and WHEREAS, the City, on behalf of the homeowner, solicited bids from approved contractors through the Community Development Rehab Program, and WHEREAS, the contractor who was the lowest responsible bidder and who was awarded the contract was TLMC, Inc., and WHEREAS, the homeowner, executed a contract with TLMC, Inc., for demolition work, and WHEREAS, TLMC, Inc., failed to timely complete the project and, as such, the homeowner and the City decided to pursue another contractor, and WHEREAS, City was notified by two sub-contractors, Omega Contracting, Inc., and Allied Trucking of Florida, both of which were hired by TLMC, Inc., indicating that they had not been paid by TLMC, Inc., and WHEREAS, City’s records indicate that the City had, in fact, paid TLMC, Inc., for the services that was rendered by the sub-contractors, and WHEREAS, despite demand, TLMC, Inc., has failed to pay any sums to the two sub-contractors at issue, and Page 261 of 307 WHEREAS, City has, in fact, paid the two sub-contractors so as to prevent liens from being recorded against the property, and 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the City is requesting that it be reimbursed by TLMC, Inc., for overpayment and for TLMC, Inc.’s, failure to pay its sub-contractors, and WHEREAS, City staff is requesting that the City Council authorize the City Attorney’s office to initiate litigation against TLMC, Inc., for all sums due and owing as a result of TLMC, Inc.’s actions, 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 of the City of Miami Gardens hereby authorizes the City Attorney’s Office to take any and all steps necessary in order to initiate a claim against TLMC, Inc., for overpayments made by the City through the City’s Housing Rehab Program. 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 JANUARY 14, 2009. _________________________________ SHIRLEY GIBSON, MAYOR Page 262 of 307 46 ATTEST: 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ SECONDED BY: _________________ VOTE: _____ 63 Mayor Shirley Gibson (Yes) ___(No) 64 Vice Mayor Barbara Watson (Yes) ___(No) 65 Councilman Melvin L. Bratton (Yes) ___(No) 66 Councilman Aaron Campbell (Yes) ___(No) 67 Councilman Oliver Gilbert, III (Yes) ___(No) 68 Councilwoman Sharon Pritchett (Yes) ___(No) 69 Councilman André Williams (Yes) ___(No) 70 71 72 SKD/teh 8308125_1.DOC Page 263 of 307 Page 264 of 307 Page 265 of 307 Page 266 of 307 Page 267 of 307 Page 268 of 307 Page 269 of 307 Page 270 of 307 Page 271 of 307 City of Miami Gardens 1515-200 NW 167th Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Oliver Gilbert II Councilwoman Sharon Pritchett Councilman Andre Williams MEMORANDUM To: The Honorable Mayor and City Council From: Sonja K. Dickens, City Attorney Date: January 8, 2009 Re: Charter Review Commission During the final months of 2008 the City of Miami Gardens City Council appointed the members of the City of Miami Gardens Charter Review Commission. During these discussions, Council directed staff to schedule a workshop to provide Council members an opportunity to discuss the policy directives that will be provided to the Charter Review Commission for consideration. In an effort, to ensure that the Charter Review Commission meets their deadline of July 2009 to submit their policy recommendations to the Council, staff has proposed the following timeline for Council discussion: • Charter Review Commission-Orientation Meeting January 22, 2009 • Council Workshop on Charter Review Directives January 28, 2009 • Policy Directives presented to Council July 22, 2009 At the first meeting of the Charter Review Commission staff will obtain consensus as to the best date and time for the Commission to meet regularly. 1 ITEM L-1) CITY ATTORNEY REPORT Charter Review Commission Page 272 of 307 Staff Monthly Report December 2008 CITY MANAGER • Successfully defeated both the general employees and police officers unionization attempts. • Met with principal owners of property that may be appropriate for land banking in the town center area. Currently securing an appraisal and environmental report for future presentation to City Council for consideration. • Reviewed and approved the Police department’s SOPs. • Met with the new president of Calder race course. • Attended the City’s Thanksgiving turkey give-a-way at Brentwood Park. • Met with Warren Zinn regarding possible economic development assistance for the relocation of his dealerships. Prepared a proposal for City Council consideration. • Evaluated financing proposals for the City’s bi-annual equipment bond issue. • Attended the City Employee’s annual Christmas Party. • Attended the special public meeting at Norland High School on the reconstruction of NW 7th Avenue. • Began preparing a project list, timeline and financing needs for capital improvements to be submitted in the event President Obama’s economic stimulus program includes local projects. PUBLIC WORKS (Tom Ruiz) 1. Staff continues to perform asphalt street repairs and concrete sidewalk repairs and installation with A.D.A ramps at the corners on-going citywide. 2. Staff continues to clean and maintain bus bench areas throughout the City. 3. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. 4. Staff continues to trim and prune trees citywide. 5. Continue to perform/check storm drain cleaning and inspections. 6. Continue to perform irrigation maintenance repair on 441 and NW 27th Avenue. ITEM L-2) REPORTS City Manager Report Page 273 of 307 7. Public Works issued 17 permits of which: 2 Paving & Drainage, 10 Driveways & Sidewalks, 0 Banner, and 5 Utilities. 8. On November 18, and December 2, 2008, the Director and City Engineer attended the City of Miami Gardens Kiwanis meeting. 9. On December 11, 2008 PW attended the Developmental Review Committee for plan review of new development. 10. On November 17, 2008, staff met with the County on NW 191 Street for Councilman Bratton concerns with the restoration and the problem around the area of construction. 11. On November 18, 2008, the Director met with FDOT to review their future work plan program. 12. On December 1, 2008, the Director attended our Website Steering Committee to design the each department’s webpage information. 13. On December 2, 2008, staff met with the South Florida Water Management District Director on several issues on the primary and secondary canals. 14. On the December 15, 2008, the Director attended a deposition for the vehicle accident on NW 155 Ct/NW 155 Terrace canal accident. On December 11, 2008, the Director attended the FDOT MPO Plan Meeting in Miami Lakes. KEEP MIAMI GARDENS BEAUTIFUL National Keep America Beautiful • 1st place prize winner in Radio Category • Attended annual conference Community Beautification Grant • Has gone out Kids Ecology Program /Home Depot Grant/Carol City Elem. Project • Work in progress Landscape Maintenance • New ground covers have been purchased to replace dying plant materials for both 441 and 27 Ave • New flowers have been placed at new 215/27 sign and 441/7th ave sign ( in front of entrance signs) • A thorough check of our irrigation system on27 ave has been done and measures are being taken to correct problem zones. City’s First Holiday Display Competition 1 Page 274 of 307 • Working on sponsorship Miami Gardens Drive Beautification Project • FDOT Approved • Highway Beautification Grant Extension approved Holiday Display • Banners have been placed on poles • 27 electrical installation at FDOT for permit Community Beautification projects • Ongoing • 3 major community projects completed this month New Television PSA • Script is complete • PSA film first draft has been submitted MLK Day/Services for Peace • Planning KMGB Elem. School Presentation (Lake Steven Middle School) • Completed Green Building Coalition • Work in progress FINANCE DEPARTMENT (William Alonso, Director) 1) Completed the October and November 2008 monthly budget reports for the new fiscal year, it has been posted on the city’s website and will be presented to Council during the next meeting in January. 2) Completed the committee process to select Wachovia Bank as the best proposal for the $2 Million bond issue for equipment. 3) Held meetings with three local financial institutions in order to obtain proposals from them on the $7 Million purchase of land from Warren Henry, we will select the best proposal from the three and present to Council at the January 14, 2009 meeting along with complete details of the entire transaction. 4) Continued working with the external Auditors in order to complete the FY2008 audit, I am still hopeful that they will meet our deadline and have the CAFR presented to Council at the Jan 28, 2009 meeting. 5) Received revised estimates from the State for FY2008-09, although they have been reduced, due to the fact that we used conservative estimates for our budget, it does not appear that we will be affected significantly. However, this is assuming no further reductions are made by the State in the coming months. 2 Page 275 of 307 HUMAN RESOURCES (Taren Kinglee) • Continued fire extinguisher inspection of City Hall, several parks and the police department • Completed consultation with outside council regarding union petitions • Responded to several public records request and a deposition • Held 2008 health insurance open enrollment • Held several meetings with department supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to salary/benefit surveys, etc. Monthly Statistics Se Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 692 704 403 Positions Advertised 5 9 1 Interviews Conducted 85 42 84 Pre-employ Physicals 18 11 15 Background/Reference Checks 14 17 9 New Hires 35 5 11 Workers Comp Claims 4 13 17 Exit Interviews 1 1 1 Promotions 4 0 0 DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) CIP • Conducted interviews for Capital Improvement Director • Held meeting with CIP CIP development team for the close out of SNP funds • Worked with SNP/County parks in extension of SNP funds • Worked with MGCC Architect to analyze finishes for the Community Center 3 Page 276 of 307 Police Department/School Crossing Guard • Worked with staff/architects re: renovation of new crime scene space • Final review of Police Department SOPs • TIPs program implementation • Worked with staff to finalize Business Rules for Red Light Camera Code Enforcement • Worked with staff to implement the microfiche project for closed case file • Worked with staff to resolve BTR/CU historical data on M&M market • Analyzed re-occupancy re-inspection ordinance Other o Dolphin DRI negotiations o Transitioned Red Light Camera project Participated in the following Meetings/Committees (outside agency meetings): o Urban Area Security Initiative Meeting o Meeting w/CPZ Architects Re: MGCC o (1) Coconut Cay CDD Meeting o (1) Majorca Isles CDD Meeting POLICE DEPARTMENT (Chief Matt Boyd) Police Department Staff TOTAL BUDGETED POSITONS: 245 TOTAL HIRED TO DATE: 238 • 1 Chief • 1 Deputy Chief • 3 Majors • 9 Captains • 24 Sergeants • 149 Police Officers • 9 Community Service Aides • 16 Telecommunications Operators • 1 Telecommunications Supervisor • 1 Records Supervisor • 4 Records Clerks • 1 Executive Secretary • 5 Administrative Assistants • 2 Property Control Officers • 1 Custodian • 1 Court Liaison/Off Duty • 2 Crime Analysts 4 Page 277 of 307 • 1 Administrative Analyst • 1 Investigative Assistant • 6 Crime Scene Technicians The monthly activity for the Operations Division for the month of November 2008 is as follows: ARRESTS: • FELONY 88 • MISDEMEANOR 240 • TRAFFIC 348 • DUI 9 • WARRANT 22 TOTAL ARREST 707 CITATIONS: • MOVING 1226 • NON-MOVING 981 • PARKING 346 TOTAL 2553 FIELD INTERVIEW CARDS 547 TOTAL CALLS RESPONDED TO 7835 REPORTS WRITTEN 2111 TRAFFIC CRASHES 305 The CSOs continue to create Neighborhood Watch programs and work with other community organizations. Three CERT classes were conducted for new and existing members. The Traffic Unit is operational and has been addressing citizen complaints throughout the City. In addition two traffic fatalities were handled. The monthly activity for the Support Services Division for the month of November 2008 is as follows: Property and Evidence, Number of property items processed: 239 -Property Received 39 -Property Rejected 10 -Property Released 99 -Property out to Lab 1 -Property to be Disposed 5 5 Page 278 of 307 Number of reports processed and number of requests made at window for records: Reports Processed 3,638 /Walkup Requests at Window 727 /Mail Logged In 375 /Amount Collected At the Window $47,745.70. Number of calls received by dispatch: CAD Calls = 11,265 Phone Calls = 10,742 FCIC Entries = Approximately 225 Training hours = 72 Overtime Hours = 545.5 Temp Hours = 0 Court Liaison and Off-Duty 528 Subpoenas processed and delivered to officers. 160 Court slips entered into Eden for payroll processing. 115 Off duty slips processed and entered into Eden for payroll. 25 New off duty vendor requests processed and staffed. 100 Deposition subpoenas stamped and delivered to officers. 5 Permanent off-duty jobs coordinated. Fleet, Radio and Computer Management: No significant activity Facility Management: Installed new slots in holding cells to allow officers to handcuff the prisoner while they are in the cell. This will improve officer safety. The monthly activity for the Professional Standards Division for the month of November 2008 is as follows: • One Complaint initiated TRAINING • Classes Attended: 4 • Hours Taught: 580 • Participants (Officers/Civilians): 15 OUT OF TOWN TRAINING • 2008 HUG Education Conference, Orlando, Florida • 2008 IACP Conference, San Diego California The monthly activity for the Investigations Division for the month of November 2008 is as follows: Arrests – Total: 217 Felonies – 94 Misdemeanor – 108 Traffic – 15 6 Page 279 of 307 U.S. Currency Seized – $13,520 Vehicles Recovered – 28 Vehicles Recovered Value-$197,200 Vehicles Processed-25 Property Recovered Value-$2,497 Firearms Seized – 9 Search Warrants 2 Narcotics Recovered – 168 Grams of Marijuana 17.5 Grams of Cocaine Total Cases Assigned 756 177 23.4% Scenes Processed by Crime Scene Investigations Unit-146 Officers Romaguera and Nettles were awarded the Department’s Officer of the Month. COMMUNITY OUTREACH SPECIALIST (Lillie Q. Odom) • City of Miami Gardens Elderly Affairs Committee in partnership with the Florida Department of Elderly Affairs Communities for a Lifetime initiative are planning an; “Intergenerational event to be held in April, 2009. Plans of action are in process • Coordinating the updated data from Ministers, Organizations and School Principals, for the “Adopt-a-School Initiative” with the Crusade for Drugs Organization. Have been attending on-going meetings and telephone conferences with committee members for this contractual process. This initiative will be implemented in the early weeks of January, 2009 • Participating in the World Care, Inc. Project to assist the hurricane victims in Haiti. Coordinating the collection and distribution of the items, from employees and citizens. Attends bi-weekly meeting of the committee. The food and clothing drive has closed and immediately the Toy Drive for Children in Haiti was conducted. We collected two boxes of toys to be shipped to Haiti on Wednesday, December 17, 2008. • Coordinating a Needy Family Christmas and formal dinner for the City’s Commission for Women Committee; to be held at Calder Race Course; December 17, 2008, This group will donate toys and food to the Evans (Needy Family or five (5). Toys were donated by each member and Walgreens at 7th. • Collecting and coordinating historical; articles, pictures and artifacts of the area that the city is located. • Coordinating a pool of volunteers to be available for Dr. Martin Luther King’s celebration and for any additional events that the city may have. SPECIAL PROJECTS DIRECTOR (Antranette Pierre) Parks Master Plan 7 Page 280 of 307 • Miami Dade County Board of County Commissioners approved resolution authorizing modification to the project description for the Building Better Communities Program Bond proceeds re: reallocating use of funds in accordance with Parks Master Plan • Evaluated 45 proposals to RFQ#08-09-006 re: architectural/engineering services Planning & Design Police Building • Developed new Design Criteria Plans for the CSI Lab Unit and the Remodeling of the Sergeants work room. Met with new architect to discuss the proposed work City Hall Renovation • Plans in permitting Fueling Facility • Received 100% construction documents Rolling Oaks Park: • Phase I Improvements include: Installation of 2 athletic fields, parking (and overflow parking) lots, fencing, roundabout, and concession/restroom facility. o DERM: Plans approved for permitting o WASA: (sewer connections) currently in review o Department of Health: Plans approved o Issued purchase order to Musco Lighting re: sports lights at new tennis courts and football fields fields o Issued purchase order to Mondo, Inc. re: artificial turf Bunche Park & Pool • Phase I Improvements include: Construction of entire pool parcel including pool house, parking paving/striping/drainage, lighting, fencing, landscaping, and signage. o Fire: Plans approved for permitting o WASA: plans to be re-submitted for review o Received DERM surface water permit Brentwood Pool • Contract amendment approved to modify scope re: FRDAP grant to include tennis & basketball resurfacing, exercise trail with fitness stations and playground • Issued purchase order to McCourt Construction for resurfacing of tennis courts • Pending quotes for new playground equipment North Dade Optimist • Phase I Improvements include: Construction of new building at approx. 3,000 sq. ft includes six restrooms, small concession/kitchenette, and storage rooms; 114 parking space lot with paving, drainage, irrigation and landscaping, football field & lights relocation and minor landscaping; Construction of lift station. o Parks plans currently being reviewed by Fire, DERM and WASD o Lift Station: Approved by City of Miami Gardens and City of North Miami Beach Public Services. Allocation letter issued. WASD/DERM, plans submitted on Oct 22, 2008, pending approval and permit. 8 Page 281 of 307 • Sports lighting in permit review • Demolition of announcer’s box and basketball court complete • Negotiating lease terms with T-Mobile re: use of park space for construction of cell phone tower Norwood Park & Pool • Tennis court resurfacing 80% complete • Painting of exterior buildings (pool house and recreational building) completed • New flooring added to recreational building • Sports lighting installed at tennis courts and pool deck; pending completion of punch out list Construction Miami Gardens Community Center (MGCC) • Main Building o Currently processing changes to the design and locations of essential power and necessary utilities o Gunite installed on bottom (ground) level of pool (surfacing) o Tilt panels in place and standing; pool is being prepared for pool tile finishes, roof joists are being installed o Water main upgrade along NW 32nd Avenue began o Excavation for installation of underground telephone connection continues o Prepping for sub-base, north and east parking lots o Exercise studio, fitness center and gym perimeter pour completed. o Prepping auditorium for perimeter pour. o Auditorium and Exercise studio electrical rough-in installation • Restrooms o Center block walls erected and eyebrow frame installed o Drainage complete on west restroom building; Plumbing stacks installation completed for buildings A1 and A2 o Installing grease traps and running line to connect to sewer for building A1 and A2 o Drainage beginning on south restroom building o Rebar installation on west restroom building • Track/Football field o Site prep work performed; final subgrade work being completed o Trenching for irrigation conduits installation began • Weekly Construction Progress meetings are on going Police Building • Construction (security) installation is complete • Glanz Technologies pending approval from Miami Dade and the City of Miami Gardens; awaiting the contractors to finish the work to obtain final inspections. • Final completion inspections and punch lists are being scheduled by Miami Skyline Construction. Partial approvals of construction activities with the Building and Fire Departments have been performed and the door access security completion is still delaying project closeout and final inspections. • General contractor is awaiting completion by GLANZ to finalize the project work • The Required completion date for the project has passed. Systems are substantially complete. 9 Page 282 of 307 Rolling Oaks Park • Pre-construction meeting held with Williams Paving Co. related to the installation of the new tennis courts. • Permitting delayed • Project corner staking and locations were coordinated • Resurfacing of basketball courts and conversion of existing tennis courts to additional basketball courts is almost complete Meetings/Events: • MDC Governmental Operations and Environment Committee, 11/10/08 • Haitian-American Association of Engineers and Scientists Fundraising Gala, 11/15/08 • Tour with Claudio Osorio, Innovida Southeast – Factory re: Bunche Park Youth Center, 11/7/08 • Site Visit w/T-Mobile @North Dade Optimist Park, 11/4/08 • Evaluation Committee re: coordinating review of RFP for continuous A/E Services, 10/31/08 • Aventura Marketing Council Chairman’s Luncheon, 10/28/08 • Arts in Public Places, 10/23/08 • Teleconference with Alonzo Mourning Charities, 10/20/08 SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Meetings Attended: • SCG Staff Meeting – Nov 20th & Dec. 11th • Departmental mtg. w/DCM Farmer-Nov. 19th • Agenda Review/Staff Meeting-Nov 20th • Management Team Transition Mtg. –Nov. 17th • Mtg. w/Mayor Gibson – Nov. 17th Meetings scheduled: • CTST Meeting on January 5, 2008. Pending Tasks: Other/Misc. World Aids Day-Hosted the City’s 1st World Aids Day Event on Monday, December 1, 2008. We are happy to announce that the event was a huge success. We would also like to thank our sponsors and partners, San Martin International (t-shirts), Medium Four (logo) and especially Care Resource who provided free HIV testing and educational material. Employee Incident Reports: • Total: 1 Terminations: 0 Resignations: 1 New Hires: 0 BUILDING DEPARTMENT (Jesus Navia) 10 Page 283 of 307 REVENUES Building Permits $147,719.75 Cert. of Occupancies $58.24 TOTALS $147,777.99 PERMIT APPLICATIONS SUBMITTED Building 261 Certificate of Occupancies 15 Demo 7 Electrical 111 MDDC Permit Closure 5 Mechanical 22 Plumbing 64 TOTALS 485 INSPECTIONS Building 726 Electrical 419 Mechanical 61 Plumbing 225 TOTALS 1431 UNSAFE STRUCTURE CASES 0 EMPLOYEE COVERAGE Two (2) additional Temporary Employees from Transhire were hired effective 11/10/08 through 02/10/08 to cover (2) employees out on Family Leave MAJOR PROJECTS 1. Calder Race Track 2. Red Light Camera Project 3. Creation & Implementation of Building Department Website CODE ENFORCEMENT (Carmen Quinn) The following administrative enforcement and licensing highlights for November/December 2008 are in addition to the day-to-day operational duties: • Continued with late night PD ride along 2 to 4 times per month as needed. 11 Page 284 of 307 • Met with Miami Gardens Police Department staff to review and update our Action Plan to monitor and address the problem businesses within the City. • Continuing code coverage at Dolphin Stadium Events. • Participated in combined MGPD & MGCE operations to address illegal night clubs. • Made presentation to the City Council on Code Enforcement PERSONNEL Staff Development: • Officer’s V. Garcia and A. Gallardo attended the Florida Association of Business Tax Officials monthly meeting. • All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) network and training. • The interview process began to fill one Administrative Assistant vacant position. • Conducted general staff meetings. • Completed and administered 2 performance evaluations. CODE Stats: October November December January March January Business Tax Receipt Inspections 83 78 Certificate of Use Inspections 80 77 Landlord Permit Inspections 271 59 Warning Notices Issued 365 270 Civil Violation Notices Issued 144 107 Re-Inspections 557 439 Special Master Hearings 40 23 Massey Hearings 60 34 Lien Reduction Request Hearings 4 7 Extension Requests 44 40 Complaints Received 160 103 Proactive Cases 284 261 Cases Closed Within 30 Days 316 215 Cases Closed Within 60 Days 19 10 Cases Closed Within 90 Days 19 24 Special Operations-Code 11 9 Special Events 0 0 Illegal Signs Removed 743 855 Phone Calls Received by CEOs 250 174 12 Page 285 of 307 Parking Tickets Issued 16 50 Lien Searches 72 56 Joint Operations-MGPD 4 4 PD Requests for CE 29 9 Stormwater Postings 0 0 Abandoned Vehicles -Tagged 16 17 Abandoned Vehicles -Towed 3 1 Dolphin Stadium Seasonal Detail October November December January February March Illegal Scalpers Cited 136 52 Illegal Vendors Cited 3 9 Illegal Panhandlers Cited 1 0 Illegal Rental of Parking Spaces Cited 6 2 Illegal Broadcasting 1 0 Licensing Stats Oct/Nov Nov/Dec Dec/Jan Jan/Feb Feb/Mar Mar/Apr Business Tax Receipts 29 142 Certificates of Use 19 43 Alarm Permits Issued 49 58 Landlord Permits 7 12 ASSISTANT CITY MANAGER (Vernita Nelson) • City Hall Expansion – Working towards relocating staff into newly acquired suites in the Golden Glades Office Park. Fleet, CDBG, Purchasing and IT office expansions are complete. Still working to upgrade the AC unit, install wiring for network, and install upgrades to fire safety equipment in Suite 300, which will house Parks & recreation, MGPD, School Crossing Guards and Special/Capital Projects. • City Council – Working on several projects such as Shakespeare in the Gardens, Fit & Fine in 2009, Black Crossroads Miami Gardens reception, Future Men of Miami Gardens Mentoring Program, Financial Literacy Campaign • Fleet Division – Working side-by-side, during time of staffing transition, to ensure quality support service. Also working with Finance Department to streamline payment procedures. 13 Page 286 of 307 • Media & Events Division --Continue to assist with coordinating logistics (venue, talent, sponsorship, marketing, etc.) for 2009 Jazz in the Gardens and 2009 Miss Miami Gardens Pageant. • Parks & Recreation Department --Continue to oversee and assist with several capital improvements projects: hardscape beatification at Bunche Park, upgrades park signage and flag poles at various locations, tennis and basketball courts at Rolling Oaks Park, tennis courts at Norwood Park, North Dade Optimist Park and Miami Gardens Community Center. Represented City at grand opening /dedication of Chittohatchee Park at Honey Hill (across from Dolphin Stadium). • Information & Technology Department – Completed office expansion. Assisting with website updates. • Procurement Division – Completed office expansion. Assisted with various bids and quotes: Norwood Pool House Renovation, Continuing Architectural /Engineering /Surveying /Planning Services, Aquatic Management Services, Bus Transportation Services, Brentwood Pool court upgrades. • Community Outreach – Working with staff to fine tune functions and work plan, which will include Elderly Affairs Initiatives, Volunteer Coordination, Outreach Activities, Commission on Status of Women, Mayor’s Adopt a School Initiative, to name a few. • Worked with Departments/Divisions to bring several resolutions before Council for approval: Arts in the Garden Month, 2009 Miss Miami Gardens Pageant, Boy Scouts of America, South Florida Parks Coalition, GPA for Youth Sports League Programs, 2009 Dr. Martin Luther King Jr. Celebration. • Weekly Department/Division Meetings • Miami Gardens /Opa Locka Youth Violence Initiative – The grant-funded Care Coordinator and Data Coordinator positions have been filled. Continue to work with partners to fulfill scope of work for Year 2 of this Children’s Trust grant. Began discussion with Children’s Trust staff on scope of work for Year 3, which is scheduled to begin in February 2009. Attended Coalition and Law Enforcement meetings. • Community Assessment Team –Working with Miami Carol City Senior High School’s Administration and CAT to address school level, regional level, and community level issues which may hinder student performance. • Conducted the first Progressive Young Adults Committee meeting on Tuesday, December 16th. MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • The “1st Annual Floridian Soul Contemporary Art Contest and Exhibition,” presented by Carl’s Furniture and Design and the City of Miami Gardens on November 21st welcomed both artists and the South Florida community to Miami Gardens to participate in this inaugural affair promoting “Art in the Gardens”. Over 150 artists competed in the event 14 Page 287 of 307 and 100 of these artists’ works will be on display at Carls Furniture and Design in Miami Gardens through March 2009. These works are for sale. “Art in the Gardens” is celebrated annually in November. • Currently we are in the process of planning Jazz in the Gardens and working diligently to acquire sponsorships for the 2009 event. Several artists have been confirmed, including Jonathan Butler, Angelique Kijo, Will Downing, Kenny G. and Mindi Abair. Other names will be released once confirmed. Visitors to www.jazzinthegardens.com can register to receive updates, blog, view pictures from past events, or look-up information for the 2009 event. • The MLK committee is active and has been meeting on a regular basis. MLK weekend is January 17-19, 2009. The weekend will include various literary contest (poetry and oratorical), a Service for Peace event and 5th Annual MLK Celebration event at Miami Carol City Park. For more information about the event program including time and schedule, vendors, literary events, sponsorships and much more, please visit www.miamigardensmlk.com. • Planning for the 2009 Miss Miami Gardens Scholarship Pageant has been underway. Recruitment has begun for Miss Miami Gardens 2009. Young ladies between the ages of 17 -24 living and/or attending school in the City of Miami Gardens are eligible to participate. Thus far information regarding the Pageant has been disseminated to all the churches, and schools within the Miami Gardens area. The information has also been sent to schools outside of the area. Radio, internet and newspaper ads are also circulating the information. Applications and information are available online at www.missmiamigardens.com. • During the Thanksgiving Holiday, we worked closely with several sponsors to acquire Turkeys for the Annual Mayor and Council Turkey Drive. With the help of our sponsors we were able to acquire over 250 turkeys which were distributed to several members of the community who were most in need of assistance. • Working with in collaboration with the Building Department, we have finally developed a package complete with information and a checklist for “Event Permitting.” This package will help event planners or contractors/vendors hired by planners to understand the permitting process in order to host special events throughout the City. The package is available on the City’s website. • Festival of Carols was held on Sunday, December 14, 2008, at Brentwood Park in Miami Gardens from 5p.m.-7p.m. The event was very successful and certainly one of the best for this particular event. Four bands performed including Norland High Scholl Jazz Band. The Mayor and Council officially lit the event Christmas tree and kicked off the Holiday season by sharing their season’s greetings with those in attendance. After the show, a holiday film was presented through the Parks and Recreations Movies in the Parks program. • The December 2008 online newsletter was delivered to over 3000 subscribers. In addition to the online newsletter, an e-blast has been created that will be be used to distribute all press releases, event announcements or other special announcements to media and members of the South Florida community. 15 Page 288 of 307 • Our public relations efforts are ongoing. Please see the Community Outreach Department for press clippings, pictures or items of the sort. We are also placing advertisement and purchasing media for other departments. PURCHASING (Pam Thompson) 1. Prepared and issued five bids/RFP: Annual Contract for Bus Services Architectural Services – Roadway Improvements Swimming Pool Management & Maintenance Services Repair & Resurface Pool Decking Federal Lobbyist Services 2. Prepared and issued three quotations: Furnish Playground Equipment City Hall Painting Purchase Batteries 3. Preparing specifications for the following: Printing Services – city wide Annual Contract for Storm Drain & Canal Maintenance Long & Short Term Disability Insurance Installation of Security System – City Hall Annual Contract for Wiring/Cabling Services CDBG Demolition Services Purchase Portable Pitcher Mounds Miami Gardens Drive Beautification Project 4. Issued 149 Purchase Orders 5. Continue to maintain Fixed Assets (ongoing) 6. Continue to order and assist with auditing fuel card program 7. Continue to train and assist City staff on Eden software 8. Continue entering contracts into Contract Management (ongoing) 9. Continue entering vendors into Bids & Quotes – bid vendors (ongoing) 10. Assist IT with preparation of vendor on-line registration Purchases $25,000-$50,000 Date Vendor Service/Project Amount 11/21/08 William Scotsman Rental modular bldg -Parks $28,867.84 11/18/08 CDW-Government Annual Maintenance –Cisco Network $29,974.48 12/4/08 Kleen Masters Annual Janitorial Services – City Hall $32,597.40 INFORMATION TECHNOLOGY (Ronald McKinze) IT Dept Overview 16 Page 289 of 307 This Status report covers the activities of the Information Technology Department for the period from 11/14/2008 through 12/15/2008. It is organized into the following areas: • Significant Accomplishments • Significant Issues • Schedule Status • Travel Activity Accomplishments from Month: 􀂃 Deployed additional laptops to Department Heads and individuals that are on the Hurricane Preparedness Response Team. 􀂃 Replaced City Manager Desktop 􀂃 Performed Training for EDEN cashier module. Now deployed. 􀂃 Changed PD Main voice menu to allow for more options and better routing 􀂃 Began Website Steering Committee. Held first meeting and began updating content on website to include links for all departments and posting of Publications. 􀂃 Continuing work with EDEN Improvement Initiative. • Held Meetings with Code Enforcement and Public Works. Both departments are now working on Standard Operating Procedures (SOP) pertaining to how they use EDEN, what areas use EDEN and who in that area uses EDEN. • Set up Meeting Meeting with Planning & Zoning and Building to discuss EDEN issues. • Finance and PD conducted Site visit to Palm Beach Gardens to discuss scheduling software and EDEN Cashiering module at PD. • Set up Timeline for EDEN initiative to include the various projects we have for FY 2009. 􀂃 Completed high and low voltage cabling for upgrades of 110, 128 and the 400 number suites. Connected wiring and successfully relocated Procurement and the Training Room. Extended the Information Technology space and connected staff. 􀂃 New IT Support Technician Mario Rodriguez started. 􀂃 Began low voltage wiring in Suite 300. High Voltage wiring already ordered and will begin upon completion of low voltage wiring. 􀂃 Set up several new printers around the PD. Met with Ultra Laser – to discuss enterprise monitoring of supplies and maintenance for all CMG and PD printers. 􀂃 Set up Emergency line for PD (2080) 􀂃 Continue on effort with AT&T to bring new line with phone communication to Bunche Park. 􀂃 Attended demonstration of Call Accounting system to record calls being made. Will purchase new system Significant Issues for the Month 17 Page 290 of 307 􀂃 Bunch Park phone communications out. Working with AT&T to bring power back. Connection used to be underground, but replacement will be above ground. New Telephone pole already installed outside of Bunche Park building. 􀂃 Viruses popping up at CH. We have been able to catch, quarantine and delete them. We will be upgrading the antivirus software in January on servers and clients. 􀂃 Worked with Segutronics to fix the gate at the Inspection Station. Gate was malfunctioning, but issue is resolved. 􀂃 Continue experiencing issues with the L3 cameras in the Police vehicles. Working with L3 on a resolution. L3 to stop by to discuss access points for downloading data from vehicles possibility of putting fans in the back of the vehicle to keep the unit cool. 􀂃 Working aggressively to improve EDEN experience. Most major issues have either been resolved or are being worked on for most departments. 􀂃 Drip in the ceiling in IT office. Working with Vernita, who is working with development owners for resolution. 􀂃 􀂃 Corrupt files in download from OCCI for MCTs. Contacted them for new/clean and correct files. Caused issues with PD MCTs but issue resolved. 􀂃 Continues Web improvement. Undated pictures for Council members and cleaned up various wording and pictures on site. 􀂃 Additional equipment needed for redundancy of CAD, RMS and other services as PD. Cost for all equipment expected to exceed $50K. Schedule Status 􀂃 Office 2007 deployed to 95% of CH users and all of PD users. Expected completion for all CMG is end of December. 􀂃 New Antivirus software deployed to 95% of CH users and all of PD users. Expected completion for all CMG is end of December. Also looking to upload new antivirus update in January. 􀂃 Looking to purchase Call Accounting System in January. 􀂃 Looking for Asset Management System Travel Activity 􀂃 Ricardo and Mbaxi scheduled to go to new Managers Training in February ’09. 􀂃 Claude Charles scheduled to go to ICND Cisco training in January ’09. 􀂃 Tristan scheduled to go to ISA (email monitoring system) training January ‘09 􀂃 Tristan and Claude scheduled to attend Time Management Course January ‘09 18 Page 291 of 307 􀂃 Ron, Tristan and Ricardo, scheduled attend Project Management Course February ’09. 􀂃 Mbaxi scheduled to attend Web Master Development conference March ‘09 􀂃 Ricardo scheduled to attend Microsoft Annual Conference May ’09. 􀂃 Sylvia and Chas scheduled to attend AVAYA conference May ‘09 􀂃 Ron scheduled to attend City & County Web Consortium training session, February ’09. FLEET SERVICES (Orlando Wray) Fleet services Representative performed daily and weekly inspections to Police, Code Enforcement, Parks, Building, school Crossing Guard and Public Works departments. Review daily and weekly checklists to schedule repairs. Visits made to vendor facilities for repair status; thus ensuring timely delivery of fleet vehicles to respectful departments. Obtained pictures and estimates of crash vehicles to forward to risk management for review. Meet with Sgt Brown at PD to address any concerns she might have. Maintained spare tire inventory at Police Department and replaced spare tires in Police cars when needed. needed. Damaged or missing hubcaps were replaced on marked units as needed. Review all weekly checklists in order to prioritize work orders for vehicles needing immediate attention. Minor repairs performed on Public Works and Park vehicles when warranted. Fleet Services Administrative completed vehicle files that consist of registration, Bill of Sale, and proof of extended warranty. Updated mileage on vehicle inventory list. Review fuel receipts and checklists from all departments to perform fuel reconciliation report. Contacted appropriate vehicle operators or supervisor for missing information. Received on invoices for service, parts and repair. Set up receipt and registration process for new vehicles coming in; this includes forms for registration, Sun Pass, Insurance and fuel cards. Prepare information for main Sun Pass facility in order to register the new units purchased for police. Working with Fleet services Representative to complete missing information on Vehicle inventory list; information includes current mileage on vehicles not regularly in use, tire size, and tag information not listed already in city documents. PARKS & RECREATION DEPARTMENT REPORT (Kara Petty) A.J. King Park 􀂃 There are 24 children enrolled in the Shining Stars After-School Program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 There is line dancing taking place in Wednesday, Thursday and Friday nights, 6:30pm -8pm. 􀂃 A.J. King was utilized as an precinct for the November 4th elections 􀂃 A.J. King softball diamond has been laser graded. 􀂃 New bleachers have been installed. Brentwood Park 􀂃 There are 39 children enrolled in the Shining Stars After-School Program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers teachers are onsite to improve their reading, math and science skills. 19 Page 292 of 307 􀂃 North County Optimist made the playoffs; therefore they are practicing Monday through Friday 6:00-8:00pm. They will conclude their season in early December. 􀂃 Seniors are meeting every Monday, where seniors enjoy social interaction and some recreation activities. On November 18th, the seniors attended AMF Bowling Lanes. On December 10th, the club attended the Ft. Lauderdale Christmas Pageant. 􀂃 New bleachers and players benches were delivered to the park. 􀂃 The turkey giveaway took place on Nov. 24th with over 240 turkeys. 􀂃 The Festival of Carols took place on December 14th with a movie, music, and food. Buccaneer Park 􀂃 There are 22 children enrolled in the Shining Stars After-School Program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 Seniors are meeting every Friday, where seniors enjoy social interaction and some recreation activities. On Mondays-Tuesdays from 6:30-7:30pm seniors are engaged in Line Dancing. 􀂃 Monday through Thursday from 6:30-7:00am the seniors exercise around the park. 􀂃 On November 18th, the seniors attended AMF Bowling Lanes. On December 10th, the club attended the Ft. Lauderdale Christmas Pageant. 􀂃 There is line dancing offered on Saturdays from 8:30a.m.-12:00p.m. for adults various ages. 􀂃 New bleachers have been installed. Bunche Park 􀂃 There are 11 children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 Baseball/Softball was laser graded. 􀂃 Sidewalk pavers have been completed. 􀂃 Bunche Park Optimist season is complete. 􀂃 New bleachers have been installed. 􀂃 The Senior Club is meeting every Friday, where they enjoy social interaction and some recreation activities. On November 18th the seniors attended AMF Bowling Lanes. On December 10th, the club attended the Ft. Lauderdale Christmas Pageant. Cloverleaf Park 􀂃 The Senior Club is meeting on Wednesdays and they have 30 in attendance. On November 18th the seniors attended AMF Bowling Lanes. On December 10th, the club attended the Ft. Lauderdale Christmas Pageant. 􀂃 New bleachers have been installed. Lake Lucerne Park 􀂃 There are 14 children enrolled in the Shining Stars After-School Program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 There is line dancing taking place on Tuesday and Thursday nights from 6:30pm until 8pm. 20 Page 293 of 307 􀂃 New bleachers have been installed. Miami Carol City Park 􀂃 There are 20 children enrolled in the Shining Stars After-School Program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 Due to construction, programming and rentals have been moved to Myrtle Grove Park until further notice. 􀂃 Walkers exercise around the park starting at 7:00 a.m. every morning. Myrtle Grove Park 􀂃 There are eight children enrolled in the Shining Stars After-School Program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 Miami Gardens Optimist is in playoffs; therefore they have been practicing Monday through Friday 6:00-8:00pm. Norwood Park 􀂃 There are 31 children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 The Softball field has been laser leveled. 􀂃 New bleachers have been installed to replace the old bleachers. 􀂃 The tennis courts are being resurfaced. Rolling Oaks Park 􀂃 There are 40 children enrolled in the Shining Stars After-School Program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 New bleachers were delivered to the park. 􀂃 There is line dancing taking place on Wednesday, 6:30pm until 8:00pm. 􀂃 Seniors are meeting every Thursday, where seniors enjoy social interaction and some recreation activities. On November 18th, the seniors attended AMF Bowling Lanes. They also attended the Ft. Lauderdale Christmas Pageant on December 10. 􀂃 The resurfacing of the basketball courts has been completed. The backboards and rims are being installed. Scott Park 􀂃 There are 31 children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers are onsite to improve their reading, math and science skills. 􀂃 The Softball field has been laser leveled. 􀂃 New bleachers have been installed. Vista Verde Park 21 Page 294 of 307 􀂃 Vista Verde has been operating a community program for school-age children. The program allows children in the community to interact with others in a structured environment. Athletics Sports Development: Basketball and cheerleading registration will occur January 2nd thru January 31st. The first practice will be held February 2 at Miami Carol City Park. Jr. NBA: Our sports development basketball program is now sponsored by the Jr. NBA. Walking Club: The Walking Club currently has 16 members. Teen Programs For the second nine weeks of the school year the Teen Leadership Academy has been focusing on Sports Media and Entertainment. The teens have enjoyed guest speakers and participated in field trips that were geared towards these areas. The number of participants enrolling in our program has continued to increase. We now have 29 participants. November 18th, Guest speakers DJ Rhymer, recording artists Cuttaman and Young Cartoon made an appearance at our Scott park facility to sit and have a “rap session”, with the teens. They discussed the challenges of being a local artist and staying focused and balanced to realize their dreams. They also autographed posters for the group. November 20th, The Teen Leadership Academy had two more guest speakers. Garrett Joseph and Joseph Bernard who are the founders and the creators of the website, WeArrive.com spoke to the teens about the importance in attending college after high school and their motivating factors for becoming successful. The gentlemen explained in step by step detail what educational path they took to where they are now. November 21st, the program took a trip to local and nationally known, Ice Berg’s radio station and recording studio. The teens were given a tour and able to watch the radio personalities as they were live on the air and recording in the studio. Meetings: 11/17-11/21: ActiveNet training 11/18: Planning and Zoning re: park signs 11/19: MLK site visit 11/19: Pool tiles for Miami Gardens Community Center 11/21: McKenzie/Ross Toy and Food Giveaway 12/03: Dedication of Chittohatchee Park 12/8: Director’s Meeting 12/8: Festival of Carols site visit 12/9: Playground Committee meeting 12/11: Healthy Start Initiative 12/12: Capital Improvements 22 Page 295 of 307 PARKS MAINTENANCE DIVISION A J King Park 􀂃 30 Janitorial visits to clean up park site 􀂃 Premises blown 2 times 􀂃 4 Landscaping visits 􀂃 11/17 Repaired a broken line on baseball field and replaced broken heads 􀂃 11/24 Changed some heads and adjusted 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 11/26 Replaced water hose bib handle on faucet 􀂃 12/4 Repaired a broken quick connect in the basketball field and adjusted the heads 􀂃 12/11 Repaired door that was not locking 􀂃 30 Trash removals Andover Park 􀂃 26 Janitorial visits to clean up park site 􀂃 3 Landscaping visits 􀂃 Grass cut & watered grounds 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 26 Trash removals Brentwood Park & Pool 􀂃 49 Janitorial visits to clean up park site 􀂃 11/1 & 11/2 Landscaping visits 􀂃 1 time Premises blown 􀂃 Grass cut & watered grounds 􀂃 11/15 (pool) Fertilized 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system at pool as well 􀂃 11/24 installed 2 paper towel dispensers 􀂃 12/1 Replaced 40 light bulbs and 2 ballast 􀂃 12/2 Fertilized grounds 􀂃 12/3 (pool) Herbicide grounds 􀂃 49 Trash removals 􀂃 12/11 Replaced A/C filters and installed refrigeration Buccaneer Park 􀂃 28 Janitorial visits to clean up park site 􀂃 3 Landscaping visits 􀂃 Premises blown 2x 􀂃 Grass cut & watered grounds 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 12/2 Fertilized grounds 􀂃 28 Trash removals Bunche Park & Pool 􀂃 11/19 & 11/26 Janitorial visits to clean up park site 􀂃 6 Landscaping visits 􀂃 Grass cut & watered grounds 􀂃 15 premises blown 23 Page 296 of 307 􀂃 11/15 Installed Trees 􀂃 11/20 Replaced the check valve and broken heads 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 12/2 Fertilized grounds 􀂃 12/2-3 Fixed a broken line 􀂃 45 Trash removals Mt. Herman 􀂃 2 Landscaping visits 􀂃 2 Trash removals MGCC Acreage 􀂃 3 Landscaping visits 􀂃 3 Trash removals Cloverleaf Park 􀂃 26 Janitorial visits to clean up park site 􀂃 Premises blown 3 times 􀂃 3 Landscaping visits 􀂃 Grass cut & detailed grounds 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 11/17 Mulched plants & trees 􀂃 12/10 Replaced broken toilet in office bathroom 􀂃 26 Trash removals Inspection Station 􀂃 19 Janitorial visits to clean up site 􀂃 11/15, 11/22, 11/26, 12/1& 12/6 Cleaned trucks 􀂃 Premises blown 1 time 􀂃 2 Landscaping visits 􀂃 11/20 Herbicide grounds 􀂃 11/20 Repaired air-line compressor 􀂃 11/21 Fill in low areas 􀂃 11/25 Changed light bulbs and capacitor around the building 􀂃 12/1 Repaired water fountain 􀂃 12/1, & 12/3 General maintenance on equipment (check oil, sharpen blades, etc) 􀂃 12/2 Fertilized grounds 􀂃 19 Trash removals 􀂃 12/5 Inspected attachment on toolcat & bobcat adapter and greased Jordan’s Landing 􀂃 1 Landscaping & Trash removal visits Lake Lucerne Park 􀂃 30 Janitorial visits to clean up park site 􀂃 Premises blown 2 times 􀂃 2 Landscaping visit 􀂃 Grass cut & watered grounds 􀂃 11/20 Contractor repaired sidewalk near driveway 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 12/2 Fertilized plants and trees 24 Page 297 of 307 􀂃 30 Trash removals 􀂃 12/3 Relocated bulletin board 􀂃 12/3 Filled 4 holes in walls around recreation building MGPD 􀂃 12/8 Replaced a ballast in building Miami Carol City Park 􀂃 49 Janitorial visits to clean up park site 􀂃 Premises blown 4 times 􀂃 2 Landscaping visits 􀂃 Grass cut & watered grounds 􀂃 11/10 Repaired toilet paper holder in both restrooms 􀂃 11/13 Repaired seat on picnic table 􀂃 11/21 Removed broken green trash bin near playground 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 12/2 Fertilized grounds 􀂃 49 Trash removals Miami Job Corps 􀂃 19 Janitorial visits to clean up park site 􀂃 1 Landscaping visits 􀂃 Grass cut & detailed grounds 􀂃 19 Trash removals Myrtle Grove Park & Pool 􀂃 51 Janitorial visits to clean up park site 􀂃 Each premises blown 4 times 􀂃 5 Landscaping visits 􀂃 Grass cut & watered grounds 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 11/24 Replaced A/C filters 􀂃 12/2 Fertilized grounds 􀂃 31 Trash removals North Dade Optimist 􀂃 19 Janitorial visits to clean up park site 􀂃 2 Landscaping visits 􀂃 Grass cut & detailed grounds 􀂃 19 Trash removals Norwood Park & Pool 􀂃 51 Janitorial visits to clean up site 􀂃 5 Landscaping visits 􀂃 Each premises blown 2 times 􀂃 11/12 Fixed sink in girls restroom 􀂃 11/18 (pool) Repaired a broken water line under pavement of pool deck 􀂃 11/18-11/19 (pool) repaired deck on southeast side 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 12/2 Fertilized grounds 25 Page 298 of 307 􀂃 51 Trash removals 􀂃 12/4 (pool) Repaired cracked concrete near pool deck 􀂃 12/4 Installed basketball back board 􀂃 12/10 Installed a new sink Risco Park 􀂃 19 Janitorial visits to clean up park site 􀂃 3 Landscaping visits 􀂃 Premises blown 1 time 􀂃 19 Trash removals 􀂃 11/13 Fixed the parking stomp in the parking lot 􀂃 12/2 Fertilized grounds Rolling Oaks Park 􀂃 27 Janitorial visits to clean up park site 􀂃 Premises blown 4 times 􀂃 2 Landscaping visits 􀂃 Grass cut & detailed grounds 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 12/2 Fertilized grounds 􀂃 12/9 Chemically cleaned pavilion 􀂃 27 Trash removals Scott Park 􀂃 19 Janitorial visits to clean up park site 􀂃 2 Landscaping visits 􀂃 Premises blown 15 times 􀂃 Grass cut & trimmed trees 􀂃 11/13 Fixed wood fence 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 11/25 Changed a broken valve 􀂃 12/2 Fertilized grounds 􀂃 19 Trash removals 􀂃 12/2 Replaced damaged wooden planks along fence line 􀂃 12/2 Replaced the cover cap cap in front of the recreation building Vista Verde Park 􀂃 30 Janitorial visits to clean up park site 􀂃 Premises blown 3 times 􀂃 4 Landscaping visits 􀂃 11/20 Replaced front metal panel on electrical meter 􀂃 11/21, 12/1 & 12/5 Inspected and troubleshot system 􀂃 11/21 Herbicide grounds 􀂃 11/21 Changed water line filter on water fountain 􀂃 11/21 Repaired broken fence 􀂃 11/21 Repaired metal gate 􀂃 12/2 Fertilized grounds 􀂃 30 Trash removals 26 Page 299 of 307 183rd and 14th – 17th Avenue 􀂃 1 Landscaping visits 􀂃 1 Trash removal ASSISTANT CITY MANAGER FOR BUSINESS SERVICES (Dan Rosemond) 􀂾 Upon discussion with the DCM & the Director of HR, I accepted the position of “Acting” ACM on November 17th. One of the first tasks was a meeting with the DCM and the other ACM on the transition of responsibilities. During this meeting we identified priority projects and established a protocol for communication and regular meeting schedules. 􀂾 One of the responsibilities assigned to me was the completion of the Strategic Planning Process. We are pending the resubmission of final documents (from the assigned staff persons) to the consultant. Then the final off-site retreat needs to be scheduled. At this point, it appears that this will take place in mid-February. 􀂾 The Red-Light Camera project was one in which I got involved due to some hiccups incurred by the contractor in pulling building permits. The building department did make every effort to expedite the issuance of permits, but it should be noted that the contractor did need to be more thorough in their submission of documents; including some of the plans submitted for approval. The two initial intersections have been completed. 􀂾 It was determined that the City needed to designate a new Building Official, as Mr. Navia’s temporary certification expired on December 12th. I met with Mr. Navia and Mr. Arronte and it was agreed that Mr. Arronte would be appointed Chief Building Official and Mr. Navia would remain the Building Department Director. A letter was sent to the County on December 1st notifying them of this designation and a memo to all Building Staff went out reflecting the updated table of organization. 􀂾 As part of my new responsibilities, I began by conducting meetings with employees of both the Building and P& Z Departments. The purpose of these meetings was to begin to get an understanding of any pending issues requiring immediate attention, but more importantly to attempt to ascertain the direction of each each of these departments. There appears to be quite a bit of improvement needed in terms of departmental effectiveness and public perception. My goal for the next couple of months will be to assess and develop both short term and long term issues/recommendations. Issues that fall in the short term category will be sought to be addressed. Those that are long term issues will need to be addressed once a permanent decision is made for the ACM position. Participated in the following meetings: 􀂾 Zoning Meeting (12-3-08); provided a joint presentation with Jay Marder on Subsidized Housing in the City 􀂾 FDOT Work Program Meeting (11-18-08) 􀂾 Director’s Meeting (12-8-08) 27 Page 300 of 307 􀂾 Development Review Committee (12-11-08) (JPM Center-proposed Enrichment Center/Housing project) COMMUNITY DEVELOPMENT BLOCK GRANT/HOUSING (Daniel Rosemond) 􀂾 Worked on completing the NSP document and ensured a timely delivery to HUD by the December 1st deadline. At this point we are awaiting a review and approval by HUD which will be in the form of a contract to be executed. 􀂾 Along the lines of the NSP, this month also consisted of some internal discussions regarding staffing for the NSP activities. It was determined that Carmen Quinn will transition into the position of NSP Administrator effective early January. We will also seek to create an NSP Analyst position that will assist with mapping and other research related tasks involved in the NSP. 􀂾 Also as part of the NSP, staff determined that we would seek to get ahead of the curve and begin to procure the services of licensed and qualified Realtors to help us with the acquisition of properties. A formal request for letters of interest was published in the Herald. A pre-submission meeting was held on 11-20-08, and packages were due on 12-3-08. We received a total of 17 letters of interest. Staff met to review these submissions and identified the top Realtors that will be selected to work on the City’s behalf. Staff intends to have an item on the agenda in January authorizing the City Manager to enter into service agreements with the Realtors recommended. 􀂾 After many months of delays due to problems with the architect and design issues, we were finally able to begin the façade work on the Stop N Shop Plaza, located on the south side of the Palmetto expressway & 41 Avenue. The scope of work will be a marked improvement to this site and should really enhance the look of this corridor. The funds for this project are coming in part by the County Office of Community and Economic Development as well as city CDBG funds. 􀂾 CD is seeking to launch a brand new program designed to help residents with energy conservation. The “Power-Up” program will consist of a 2 hour workshop to be conducted by a non-profit entity (Dream In Green) and in exchange, attendees will receive a gift card from Lowes to purchase items such as light bulbs, weather stripping, tankless water heaters, etc. This month we met with representatives from Lowes to iron out the logistics. We expect to launch the program in early February. 􀂾 During two weeks of this reporting period, CD staff and HR staff conducted interviews for a vacant Administrative Assistant Position. When we identified the top candidate, the background check revealed some concerns regarding her performance. We will seek to pursue the runner-up candidate. 􀂾 This month CD staff also met with representatives from Swithboard of Miami to discuss a program aimed at assisting the elderly. The program is called Seniors Never Alone Program (SNAP) and it provides a number for elderly homebound individuals to call. Switchboard also has links to other social services that CD does not, and therefore this could be an enhancement to the rehab services provided by the City. 28 Page 301 of 307 􀂾 After several months of conversation and consideration, we believe we are going to move forward with creating a position of Economic Development Coordinator that will be assigned to the CD Department. This person’s role will be to advance the cause of economic development in a comprehensive manner that can be tracked and measured for success. This transition is expected to take place in January. DEVELOPMENT SERVICES (Jay Marder) PLANNING – Jay Marder and Bhairvi Pandya • Subsidized Housing Study – Presented to City Council in conjunction with Community Development Department. Additional data and analysis for geographic information system mapping being coordinated with the Police Department. Also working on letter to county regarding impact fee waivers. • Elected Officials Joint Workshop -Schools – Attended the workshop held in Sunny Isles Beach. Participated in group discussion and questioned impact of School Board actions in Miami Gardens. • School Concurrency -Continue to work on the web-based School Concurrency Management System set up by the School Board. The Building Department will be the initial intake for most typical building permits. Planning and Zoning will process CDMP and rezoning/site plan/platting applications. • Capital Improvements Element – List of Capital Improvements – Updates per DCA request were transmitted around December 5, 2008. A letter of sufficiency has been received by the department. Notice of Intent is expected to be published on or around January 20, 2009. • Water Supply Facilities Amendment to Comprehensive Development Master Plan – Ongoing-Now that the required Capital Improvements Element List of Capital Improvements amendment is complete, staff is moving back to the Water Supply related amendments which will involve amending several elements of the CDMP. • FDOT Transportation Study – While attending a professional meeting, discovered a recent transportation study funded by FDOT of the North Miami-Dade County area. The purpose of the study was to identify potential projects for the area. Proposed improvements are summarized as follows: 29 Page 302 of 307 LAND DEVELOPMENT REGULATIONS -Jay Marder, Bhairvi Pandya, Cyril Saiphoo • Revised Schedules Received from Consultant for Miami Gardens Zoning Code – Received the below schedules from Iler Planning Group. Transmitting to Council with a tentative schedule for review with anticipated adoption in mid-2009. o SCHEDULE A: DEFINITIONS o SCHEDULE B: TABLE OF PERMITTED USES o SCHEDULE C: AREA AND DIMENSIONAL REQUIREMENTS o SCHEDULE D: DESIGN CRITERIA o SCHEDULE E: ADDITIONAL REQUIREMENTS AND CRITERIA FOR SPECIFIC USES o SCHEDULE F: PLANNED CORRIDOR DISTRICT o SCHEDULE G: LEVEL OF SERVICE STANDARD FOR CONCURRENCY o SCHEDULE H: SIGNS o SCHEDULE I: PARKING o SCHEDULE J: STREETSCAPE, LANDSCAPE, TREE AND BUFFER REQUIREMENTS o SCHEDULE K: ENVIRONMENTAL RESOURCE PROTECTION o SCHEDULE L: NONCONFORMING USES AND STRUCTURES AND VESTED RIGHTS o SCHEDULE M: ALCOHOLIC BEVERAGE SALES AND ACTIVITIES o SCHEDULE N: ADULT ENTERTAINMENT USES o SCHEDULE O: WORKFORCE HOUSING • Sign Code – Presented revisions to Council at December Zoning Zoning Meeting. Second public hearing and adoption scheduled for January 2009. 30 Page 303 of 307 • Re-Occupancy Ordinance – Drafted revisions to ordinance to clarify purpose as Zoning, clarified relationship of ordinance to Building Code. • Dolphin Center DRI – After several rescheduling, waiting for Miami-Dade County to reschedule a meeting to discuss permitting issues. ZONING -Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Public Hearings o Processed and prepared Calder Race Track Unusual Use for Casino Gaming, attended and comments for DRC review of Calder Race Tract redevelopment plan. Contracted with Corradino to review applicant’s traffic study. Coordinated with Police Department to obtain analysis of impact on Police services. Continued coordination with traffic consultants’ revised analysis. o Meeting with New Way Fellowship architect and attorney on progress of PAD development plans and public hearing application. This is a proposed subsidized housing development of approximately 300 units for elderly and families. o Prepare amendments to Sign Code for first reading before City Council. o Prepare ROW dedication for sidewalk for new Credit Union building on 441. o Followed up with Lakeside Villas modification to Declaration or Restrictions application. o Prepare and inspect staff report for Dothlyn Morris for variances to single family residences. o Follow up on Norwood Water Treatment Plant Declaration conditions; verbal with NMB officials, and email transmittal for compliance with installation of sidewalk and landscaping per approved plans. • Building Permits o Conducted 80 building plan reviews o Conducted 20 site inspections • Sign Code Permits: o 10 sign plan permits processing o 4 window sign permits processed o 3Temporary sign permits processed o Note: Sign Plan application fees were greatly discounted at sign code adoption. Many businesses are aware of the code and are submitting their plans. These plans will eventually result in Building Permit o City Furniture – Reviewed Sign Plan concepts with owners’ representatives. They appear to be able to come into compliance and remove cabinet style signage although they indicated that they may wait to actually construct the new signs. • Zoning Verification Letters o Processed 4 Zoning Verification Letters including a request for a group home facility for the old Parkway hospital building. The proposed facility would be for elderly persons and would require a public hearing. • Address Assignments o Processed 3 new Address Assignment; • CRHs o Processed 12CRH (Community Residential Home or Group Home) 1,000’ radius verification letters; in addition, sent letters to old approved applicants to determine if 31 Page 304 of 307 any action has been taken to establish a CRH in order remove from “approved” inventory of homes if no action taken. o Field Inspection of 6 CRH on list but not verified in operation as part of ongoing data base update. • Certificate of Uses o Reviewed 55 Certificate of Use/Occupational License Applications o Denial of 2 CU applications • Plats o Plat application processed Norwood Final Plat o Plat application for Calder Race Tract processed and reviewed o Plat application for Warren Henry processed and reviewed. o Expert Village plat processed and reviewed • Special Requests: o Prepare final response letter for Somervale apartments (Ellington) on development rights. Propose another building in between other three existing buildings. • ASPRs/Substantial Compliances/Administrative Variances o Complete ASPR for Warren Henry Dealership o Complete ASPR Ives Dairy Crossing o Two (2) Administrative Variances for D.R. Horton single family residences in Coconut Cay • Pre-Development meetings: o Two pre-development meeting with Kimco Realty for Ives Dairy Shoppes; additional building next to former video store. o Inspect T-Mobile antenna sites and coordinate public hearing requirements and zoning verification letter. • Enforcement: Prepared background and zoning issues with M&M Market, including building plans and site inspections. Resolve issues with Pleasure Emporium stipulation agreement on site improvements. • Conference: Cyril and Nixon attended CLE Land Use Litigation conference in Miami. • Billboard Regulation Public Records Request: Researched and compiled documents • Joe Jackson’s World Famous Barbeque – Met with business owner to assist in establishing business in plaza on 27th Avenue. • Palmetto Gardens Plaza – Reviewed issues with developer/owner including the need for a public hearing to vary outdoor play area requirements in order to establish an indoor play area for a day care facility. GIS and EDEN – Bhairvi Pandya • Public Works Coordination – Continue to meet with PW staff to coordinate GIS related issues and problem solving. • GIS Maps-􀀹 Created 12 CRH Maps with 1,000 feet radius. 􀀹 Created 3 Zoning maps for owner notification listing (Dothlyn Morris). 􀀹 Draft New LDR Zoning Map: Continuing to update new LDR zoning draft map to reflect new proposed zoning districts and assist consultants in developing City’s first LDRs. Incorporated the new Community Facility Zoning District into the Map and Right-of-Way and Canals. 32 Page 305 of 307 􀀹 Monthly participation on Eden with IT department and discussing EDEN, parcel refresh and user related solutions. Discussed address validating process, address merge to eliminate duplicate addresses and parcel refresh process. 􀀹 Religious Facility map: Ongoing-Coordinating with Public Outreach Department to produce a Religious Land Use map for the City. 􀀹 Public Facility Map: Ongoing-Begin review of inventory and cross checking of information to produce GIS map. 􀀹 Planned Developments Map Update: Ongoing-reviewing “existing” schedule, developing an “updated” schedule and new map. 􀀹 CRH Map: Ongoing-an update of all CRH facilities within Miami Gardens. OTHER DEVELOPMENT MANAGEMENT AND PLANNING ACTIVITIES – • FDOT Five Year Work Program Briefing – Attended presentation of the FDOT work program in Miami Lakes. This was subsequent to last month’s meeting with FDOT representatives. • Park Signage – The Department has completed five (5) Sign Plans for the City’s Parks in order to speed up the installation of existing monument signs similar to the City’s entry signs. • Economic Development/GIS – Met with Councilman Williams and Assistant City Manager to consider developing a city economic development web page. Information would potentially include the City’s Economic Development Strategy map, the Buxton retail study plus links to businesses within the City. • Census Jobs – Researched jobs with the US Census as requested by Vice Mayor Watson. • Transit Summit – Represented City at Miami-Dade County Transit Summit on November 15. Provided public comment regarding the City’s interest. • State Road 7 Collaborative meeting – Attended quarterly meeting at Margate. A Resolution was passed to include Miami Trust and Miami-Dade County as members of the Collaborative. • Zoning Consultant Site Visit – Met with Iler Planning Group in Palm Beach Gardens to discuss the City’s Zoning Code. • PLANNING INTERN -Benjamin J. Sens and Bhairvi Pandya o Capital Improvements Element (CIE) – Coordinated transmittal to Department of Community Affairs (DCA) and submitted planning agencies for review. o Religious Facility Inventory-Ongoing-Completed update to existing inventory of all religious facilities within the City including folio numbers and facility contact information. The next step is to map all existing religious facilities. Awaiting further information from Department of Community Outreach. o City-wide contacts master list-Ongoing -Developing a master contact list from existing contacts for departmental outreach and communication. 33 Page 306 of 307 34 o GIS Day November 21, 2008-GIS Day Exposition – Completed event follow-up; sent letters to all participating agencies, sponsors and schools. o Updated Planned Development Schedule-Updated current to date schedule of new development. o Community and Public Facilities Inventory-Completed an updated inventory of new public and community facilitates for mapping purposes. Page 307 of 307