HomeMy WebLinkAboutMarch 11, 2009 City Council Meeting
CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: March 11, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: March 25,
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 Dr. 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) Special City Council Minutes – February 25, 2009 D-2) Regular City Council Minutes – February 25, 2009 Regular City Council
Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) March 11, 2009 Page 1 Page 1 of 107
Regular City Council Agenda March 11, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Miami Gardens Police Department Monthly Report F-2) Catherine Penrod – Switchboard of
Miami F-3) Tsahi Codner, Award Presentation –KMGB Public Service Announcement Participants F-4) Vernita Nelson – Black Crossroads the African Diaspora In Miami (G) PUBLIC COMMENTS (H)
ORDINANCE(S) FOR FIRST READING H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN
OPTION AGREEMENT WITH WARREN HENRY ACQUISITIONS, LLC, FOR THE PURCHASE OF CERTAIN PROPERTY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, IN SUBSTANTIAL FORM AS THAT CERTAIN AGREEMENT ATTACHED
HERETO AS EXHIBIT “B”; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 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 THE CITY’S SIGN CODE AS ADOPTED
BY ORDINANCE NO. 2008-04-140; PROVIDING FOR A DEFINITION AND REGULATIONS FOR NONCOMMERCIAL COPY; 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. (1st Reading – February 25, 2009) (SPONSORED BY THE CITY MANAGER) I-2) AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S PURCHASING ORDINANCE TO ADD SECTION 24 TO REGULATE THE AWARD OF DESIGN-BUILD CONTRACTS; PROVIDING FOR ADOPTION
OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; Page 2 of 107
Regular City Council Agenda March 11, 2009 Page 3 PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (1st Reading – February 25, 2009) (SPONSORED BY THE CITY MANAGER) (J)
CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AN “ADMINISTRATIVE FORECLOSURE PROGRAM” AS OUTLINED IN EXHIBIT A ATTACHED HERETO;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
AWARDING A BID FOR THE MIAMI GARDENS DRIVE BEAUTIFICATION PROJECT TO TRAN CONSTRUCTION, INC., IN THE AMOUNT OF THREE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED FORTYFOUR DOLLARS ($370,844.00)
PLUS A TEN PERCENT (10%) CONTINGENCY; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS IN ACCORDANCE WITH BID SPECIFICATIONS FOR AN AMOUNT NOT TO EXCEED THE BID AMOUNT; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-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 TWO-YEAR AGREEMENT WITH JEFF ELLIS MANAGEMENT, LLC FOR POOL MANAGEMENT SERVICES, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT “A”; AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF THREE HUNDRED NINE THOUSAND, SIX HUNDRED FORTY-TWO DOLLARS AND THIRTY-EIGHT CENTS ($309,642.38); 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 AGREEMENT WITH NORTH STAR DESTINATION STRATEGIES, INC.,
FOR THE PROVISION OF BRANDING SERVICES, A COPY OF WHICH IS Page 3 of 107
Regular City Council Agenda March 11, 2009 Page 4 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-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
A NONEXCLUSIVE CONTINUING CONTRACT WITH CALVIN, GIORDANO & ASSOCIATES, INC., FOR LANDSCAPE ARCHITECTURAL SERVICES IN ACCORDANCE WITH THAT CERTAIN RFQ #08-09-017; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER
TO NEGOTIATE AND EXECUTE A NONEXCLUSIVE CONTINUING CONTRACT WITH O’LEARY RICHARDS DESIGN ASSOCIATES, INC., FOR LANDSCAPE ARCHITECTURAL SERVICES IN ACCORDANCE WITH THAT CERTAIN RFQ #08-09-017;
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 TO PRODUCE AND IMPLEMENT THE CITY’S INAUGURAL BID WHIST TOURNAMENT COMMENCING MARCH 2009; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) (K) RESOLUTION(S) None (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1) Schedule
second City Council workshop – Charter Revision recommendations (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC
Page 4 of 107
Regular City Council Agenda March 11, 2009 Page 5 (O) 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 5 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 5, 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:
Bond (Ente r Fund & Dept) n/a 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 O. Crew
(Sponsor name is always CM if staff item) Department: City Manager Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN OPTION AGREEMENT WITH WARREN HENRY ACQUISITIONS, LLC, FOR THE PURCHASE OF CERTAIN PROPERTY DESCRIBED ON EXHIBIT “A” ATTACHED HERTO, IN SUBSTANTIAL
FORM AS THAT CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT “B”; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
AN EFFECTIVE DATE. Staff Summary: In February, the City purchased approximately 15 acres form Warren Henry Acquisitions for $7.3 million with the intent to use the property for economic
development. The City has now received a request from Warren Henry to enter into an option agreement that would enable them to re‐purchase the property for the proposed relocation and
expansion of their currently existing automotive dealerships located in Miami Gardens. The proposal is for the City to option the property to Warren Henry for an initial 2 year period
for an amount equal to the City’s debt service on the $7.3 million bond issue plus a 1% carrying charge. This additional Item H-1) ORDINANCE FIRST READING Option Agreement w/Warren Henry
Acquisitions, LLC Page 6 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 percentage translates to approximately $70,000 per year in free and clear revenue to the City. The agreement provides
for an addition option year at the end of the initial 2 years; however, during that final year, the additional percentage would be 3% of the bond payment, giving the City an additional
$200,000 in revenue over and above our cost. Additionally, the option provides for the City to share 50/50 with Warren Henry, any appreciation in the property value over the current
appraised value of the land ($9,300,000). If, at the end of the 36 month period, Warren Henry does not exercise the option, the City would be free to entertain other economic development
proposals. Recommendation: I recommend that City Council approve the ordinance granting the option. Attachment: Option Agreement Page 7 of 107
ORDINANCE NO. 2009-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE AN OPTION AGREEMENT
WITH WARREN HENRY ACQUISITIONS, LLC, FOR THE PURCHASE OF CERTAIN PROPERTY DESCRIBED ON EXHIBIT “A” ATTACHED HERTO, IN SUBSTANTIAL FORM AS THAT CERTAIN AGREEMENT ATTACHED HERETO AS EXHIBIT
“B”; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 18, 2009, the
City issued its $7,300,000 Taxable Land Acquisition Revenue Bonds, Series 2009 (the “Bonds”), the proceeds of which were used on such date to purchase certain property described on Exhibit
“A” attached hereto (the “Property”) to use for economic development purposes, and WHEREAS, Warren Henry Acquisitions, LLC (the “Company”) has requested that the City grant the Company
an option to purchase the Property within the next two years (subject to a oneyear extension under certain conditions), in return for the Company paying the City an amount equal to (i)
the principal and interest coming due on the Bonds during such period and (ii) one percent (1%) over the interest rate on the Bonds during such period, as well as reimbursing the City
for all costs associated with the purchase, and WHEREAS, Warren Henry dealerships have been located in Miami Gardens are for over 35 years, and in the City since its incorporation, and
is the second largest City-based employer, and the Company desires to stay in the City and contribute to the economic well being of the City in the future, and WHEREAS, the Council has
determined that it is in the best interest of the City and its citizens to grant the option to the Company pursuant to the terms set forth in the Option Agreement and Contract for Purchase
and Sale of Real Property (the “Option Agreement”) in substantial form as that Agreement attached hereto as Exhibit “B”, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF 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. APPROVAL OF OPTION AGREEMENT: The Council hereby authorizes the City Manager and City Attorney to negotiate and execute an Option Agreement
in substantial form as that Agreement attached hereto as Exhibit “B.” The Mayor is hereby authorized to execute {M1787632_2} Page 8 of 107
{M1787632_2} 2 and deliver the Option Agreement on behalf of the City, and the Clerk is authorized to place the City’s seal thereon and attest thereto, in substantially the form presented
at this meeting, with such changes, modifications, deletions and insertions as the Mayor, with the advice of the City Attorney, may deem necessary and appropriate. Such execution and
delivery shall be conclusive evidence of the approval thereof by the City. SECTION 3. AUTHORITY OF OFFICERS: The Mayor, the City Manager and the City Clerk are and each of them is hereby
authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the
transaction contemplated by this Ordinance. SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 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. SECTION 6. EFFECTIVE DATE: This Ordinance will
become effective immediately upon its final passage. 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. SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK APPROVED
AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY Page 9 of 107
{M1787632_2} 3 Prepared by ADORNO & YOSS LLP, Bond Counsel 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 Campbell, Jr. (Yes) (No) Councilman Oliver Gilbert III (Yes) (No) Councilwoman Sharon Pritchett (Yes) (No) Councilman Andre L.
Williams (Yes) (No) Page 10 of 107
EXHIBIT “A” DESCRIPTION OF PROPERTY {M1787632_2} Page 11 of 107
EXHIBIT “B” FORM OF OPTION AGREEMENT {M1787632_2} Page 12 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo – Sign Regulations Council Meeting Date: March 11, 2009 Item Type: Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: 1st Reading 2nd Reading X x Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Advertising Requirement:
Yes No Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name City Manager and City Attorney Department: Planning and Zoning Short Title: ORDINANCE No. 2008‐ AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S SIGN CODE AS ADOPTED BY ORDINANCE NO. 2008‐04‐140; PROVIDING FOR A DEFINITION AND REGULATIONS FOR NONCOMMERCIAL
COPY; 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 The City adopted its Sign Regulations on February 13, 2008. The Code was amended in January 7, 2009. Based on review of the Code by the City
Attorney and the attorney representing the City with the Florida League of Cities, an amendment is deemed necessary to clarify and refine sign copy provisions in order to insure compliance
with certain speech related issues. Proposed Revisions. The following provisions are proposed. 1. Add the following underlined language to Article IV. Definitions: Noncommercial copy.
Any sign or message that is not limited to advertising a commercial establishment, activity, product, service, or entertainment. 2. Add the following underlined language to Article VI.
Signs Permitted Without Sign Permit: ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Sign Code Amendment Page 13 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 B. Signs With Noncommercial Copy. A lawfully existing sign may, at the option of the applicant or sign owner, contain
noncommercial copy. The non‐commercial message may occupy the entire sign face or a portion thereof. The sign face may be changed to contain noncommercial copy as frequently as desired,
provided that the sign conforms to the regulations of this Code. 3. Add the following underlined language to Article IX . Signage Design Standards: (B) Monument Sign Design Standards.
The City seeks to achieve uniform and coordinated monument and freestanding signage within each development. Coordinated signage is created by consistency in the sign size, type, copy
area, letters, location, color, and type of sign. In designing monument signs the following standards shall be complied with: 10. Sign Copy Single Use Development. (a) Sign copy for
single use development shall be limited to the primary name of the business, trademarked logos and/and/or slogans, and street address number. All other copy shall be prohibited; except
that noncommercial copy as defined herein shall be permitted. (b) Copy should be identical on all faces of the sign. 11. Sign Copy Multi‐use/Multi‐tenant Development. i. Sign copy for
multi‐use/multi‐tenant/mix‐use development shall be limited to one (1) primary name of the business or complex or shopping center, and may list individual uses and tenants provided such
lettering for the listing is a minimum of one (1) foot in height. ii. Copy may include the business name registered trademarks, logos and/or slogans. One street address number per sign.
All other copy shall be prohibited; except that noncommercial copy as defined herein shall be permitted. iii. Copy should be identical on all faces of the sign. 12. Changeable Copy Sign
Manual Standards. Monument signs with changeable copy shall be permitted subject to compliance to the following standards: i. The manual changeable copy portion of the sign shall be
integrated into the design of the sign. Such changeable copy portions of the sign shall not be an “add‐on” but rather must be fully integrated into the sign. ii. The manual changeable
copy area shall not exceed thirty (30) percent of the total sign area. iii. Changeable copy shall be limited to advertising events, items and pricing, announcements, specials, slogans
directly related to the sign owner. All other copy shall be prohibited; except that noncommercial copy as defined herein shall be permitted. The changing of copy on such signs shall
not require a sign permit. iv. Manual changeable copy shall not change more than once a day. v. Changeable copy shall only be permitted on monument signs. Changeable copy on wall signs,
window signs or any other sign, are prohibited. Current Situation The attached ordinance was approved on 1st reading at the February 25, 2009 City Council meeting. Page 14 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Recommendation: It is recommended that Council adopt (on 2nd reading) the proposed ordinance to revise the Sign
Regulations. Attachment: Proposed Ordinance Page 15 of 107
ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S SIGN CODE AS ADOPTED BY ORDINANCE NO. 2008-04-140; PROVIDING FOR A DEFINITION
AND REGULATIONS FOR NONCOMMERCIAL COPY; 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 WHEREAS, on February 13, 2008, the City Council adopted Ordinance No. 2008-04-140 creating the City’s Sign
Regulations, and WHEREAS, City staff has prepared amendments to the Sign Code to provide that at the option of the applicant or sign owner, a lawfully existing sign may noncommercial
copy, and WHEREAS, the City Council would like to adopt the requested amendments, 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: Article IV – Definitions -of the City of Miami Gardens Sign Code, is hereby amended to add the following definition: 14 15 16 17 18 19 20 Noncommercial copy. Any
sign or message that is not limited to advertising a commercial establishment, activity, product, service, or entertainment. SECTION 3. AMENDMENT: Article VI. – Signs Permitted Without
Sign Permits -Of the City of Miami Gardens Sign Code is hereby amended to add Section B as follows: WORDS STRICKEN THROUGH ARE DELETED AND WORDS UNDERLINED ARE ADDITIONS Page 16 of 107
21 B. Signs With Noncommercial Copy. A lawfully existing sign may, at the option 22 of the applicant or sign owner, contain noncommercial copy. The non-commercial 23 message may occupy
the entire sign face or a portion thereof. The sign face may 24 be changed to contain noncommercial copy as frequently as desired, provided 25 26 27 28 29 30 31 32 33 34 35 36 37 38
39 40 that the sign conforms to the regulations of this Code. SECTION 4. AMENDMENT: Article IX. Signage Design Standards -of the City of Miami Gardens Sign Code is hereby amended as
follows: (B) Monument Sign Design Standards. The City seeks to achieve uniform and coordinated monument and freestanding signage within each development. Coordinated signage is created
by consistency in the sign size, type, copy area, letters, location, color, and type of sign. In designing monument signs the following standards shall be complied with: * * * * * *
* * * * * * * 10. Sign Copy Single Use Development. (a) Sign copy for single use development shall be limited to the primary name of the business, trademarked logos and/or slogans, and
41 street address number. All other copy shall be prohibited; except that noncommercial copy as defined herein shall be permitted. (b) Copy should be identical on all faces of the sign.
42 43 44 45 46 47 48 49 50 51 11. Sign Copy Multi-use/Multi-tenant Development. i. Sign copy for multi-use/multi-tenant/mix-use development shall be limited to one (1) primary name of
the business or complex or shopping center, and may list individual uses and tenants provided such lettering for the listing is a minimum of one (1) foot in height. ii. Copy may include
the business name registered trademarks, logos and/or slogans. One street address number per sign. All 52 other copy shall be prohibited; except that noncommercial copy 53 54 55 56 57
58 59 60 61 62 63 64 as defined herein shall be permitted. iii. Copy should be identical on all faces of the sign. 12. Changeable Copy Sign Manual Standards. Monument signs with changeable
copy shall be permitted subject to compliance to the following standards: i. The manual changeable copy portion of the sign shall be integrated into the design of the sign. Such changeable
copy portions of the sign shall not be an “add-on” but rather must be fully integrated into the sign. ii. The manual changeable copy area shall not exceed thirty (30) percent of the
total sign area. iii. Changeable copy shall be limited to advertising events, items and pricing, announcements, specials, slogans directly related 65 to the sign owner. All other copy
shall be prohibited; except that WORDS STRICKEN THROUGH ARE DELETED AND WORDS UNDERLINED ARE ADDITIONS Page 17 of 107
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 noncommercial copy as defined herein shall be permitted. The changing of copy on such signs shall not require
a sign permit. iv. Manual changeable copy shall not change more than once a day. v. Changeable copy shall only be permitted on monument signs. Changeable copy on wall signs, window signs
or any other sign, are prohibited. 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 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 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 25th DAY OF FEBRUARY, 2009. WORDS STRICKEN THROUGH ARE DELETED AND WORDS
UNDERLINED ARE ADDITIONS Page 18 of 107
WORDS STRICKEN THROUGH ARE DELETED AND WORDS UNDERLINED ARE ADDITIONS 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 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 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City
Attorney SPONSORED BY: SONJA DICKENS, CITY ATTORNEY AND DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 120 Mayor Shirley Gibson (Yes) ___(No) 121 Vice Mayor Barbara
Watson (Yes) ___(No) 122 Councilman Melvin L. Bratton (Yes) ___(No) 123 Councilman Aaron Campbell (Yes) ___(No) 124 Councilman Oliver Gilbert, III (Yes) ___(No) 125 Councilwoman Sharon
Pritchett (Yes) ___(No) 126 Councilman André Williams (Yes) ___(No) 127 128 129 SKD/teh Page 19 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 11, 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: Advertising Requirement: Yes No X Contract/P.O. Required: Yes No
RFP/RFQ/Bid #: N/A Sponsor Name Dr. Danny Crew, City Manager Department: Procurement Department Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING
THE CITY’S PURCAHSING ORDINANCE TO ADD SECTION 24 TO REGULATE THE AWARD OF DESIGN-BUILD CONTRACTS; 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: For construction projects, such as the Miami Garden Community
Center, the City typically uses a Design-Bid-Build method. The first step in this Design-Bid-Build process is to issue a Request for Qualifications (RFQ)
to select an architect to design and prepare related construction documents. The second step in this process is to solicit bids for the construction of the project. In order to expedite
construction, state statues provide an alternative method to award construction bids; this method is called Design-Build. The Design-Build method combines the design and construction
phases of a project into a single contract instead of the normal two contract method. Florida State Statute requires each entity adopt rules or ordinances to be followed in the selection
and awarding of design-build contracts. This process has resulted in substantial construction time reductions. ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Amending the Purhasing
Ordinance Page 20 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In an effort to ensure that the City is able to utilize this method of construction, staff has proposed the attached
amendment to the purchasing ordinance. It is anticipated that this may assist the City in having projects ready should stimulus dollars be made available. Proposed Action: That the City
Council approves the attached ordinance establishing procedures for the selection and awarding of design-build contracts. Attachment: None. Page 21 of 107
ORDINANCE No. 2009-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY’S SIGN CODE AS ADOPTED BY ORDINANCE NO. 2008-04-140; PROVIDING FOR A DEFINITION
AND REGULATIONS FOR NONCOMMERCIAL COPY; 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 WHEREAS, on February 13, 2008, the City Council adopted Ordinance No. 2008-04-140 creating the City’s Sign
Regulations, and WHEREAS, City staff has prepared amendments to the Sign Code to provide that at the option of the applicant or sign owner, a lawfully existing sign may noncommercial
copy, and WHEREAS, the City Council would like to adopt the requested amendments, 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: Article IV – Definitions -of the City of Miami Gardens Sign Code, is hereby amended to add the following definition: 14 15 16 17 18 19 20 Noncommercial copy. Any
sign or message that is not limited to advertising a commercial establishment, activity, product, service, or entertainment. SECTION 3. AMENDMENT: Article VI. – Signs Permitted Without
Sign Permits -Of the City of Miami Gardens Sign Code is hereby amended to add Section B as follows: WORDS STRICKEN THROUGH ARE DELETED AND WORDS UNDERLINED ARE ADDITIONS Page 22 of 107
21 B. Signs With Noncommercial Copy. A lawfully existing sign may, at the option 22 of the applicant or sign owner, contain noncommercial copy. The non-commercial 23 message may occupy
the entire sign face or a portion thereof. The sign face may 24 be changed to contain noncommercial copy as frequently as desired, provided 25 26 27 28 29 30 31 32 33 34 35 36 37 38
39 40 that the sign conforms to the regulations of this Code. SECTION 4. AMENDMENT: Article IX. Signage Design Standards -of the City of Miami Gardens Sign Code is hereby amended as
follows: (B) Monument Sign Design Standards. The City seeks to achieve uniform and coordinated monument and freestanding signage within each development. Coordinated signage is created
by consistency in the sign size, type, copy area, letters, location, color, and type of sign. In designing monument signs the following standards shall be complied with: * * * * * *
* * * * * * * 10. Sign Copy Single Use Development. (a) Sign copy for single use development shall be limited to the primary name of the business, trademarked logos and/or slogans, and
41 street address number. All other copy shall be prohibited; except that noncommercial copy as defined herein shall be permitted. (b) Copy should be identical on all faces of the sign.
42 43 44 45 46 47 48 49 50 51 11. Sign Copy Multi-use/Multi-tenant Development. i. Sign copy for multi-use/multi-tenant/mix-use development shall be limited to one (1) primary name of
the business or complex or shopping center, and may list individual uses and tenants provided such lettering for the listing is a minimum of one (1) foot in height. ii. Copy may include
the business name registered trademarks, logos and/or slogans. One street address number per sign. All 52 other copy shall be prohibited; except that noncommercial copy 53 54 55 56 57
58 59 60 61 62 63 64 as defined herein shall be permitted. iii. Copy should be identical on all faces of the sign. 12. Changeable Copy Sign Manual Standards. Monument signs with changeable
copy shall be permitted subject to compliance to the following standards: i. The manual changeable copy portion of the sign shall be integrated into the design of the sign. Such changeable
copy portions of the sign shall not be an “add-on” but rather must be fully integrated into the sign. ii. The manual changeable copy area shall not exceed thirty (30) percent of the
total sign area. iii. Changeable copy shall be limited to advertising events, items and pricing, announcements, specials, slogans directly related 65 to the sign owner. All other copy
shall be prohibited; except that WORDS STRICKEN THROUGH ARE DELETED AND WORDS UNDERLINED ARE ADDITIONS Page 23 of 107
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 noncommercial copy as defined herein shall be permitted. The changing of copy on such signs shall not require
a sign permit. iv. Manual changeable copy shall not change more than once a day. v. Changeable copy shall only be permitted on monument signs. Changeable copy on wall signs, window signs
or any other sign, are prohibited. 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 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 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 25th DAY OF FEBRUARY, 2009. WORDS STRICKEN THROUGH ARE DELETED AND WORDS
UNDERLINED ARE ADDITIONS Page 24 of 107
WORDS STRICKEN THROUGH ARE DELETED AND WORDS UNDERLINED ARE ADDITIONS 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 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 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City
Attorney SPONSORED BY: SONJA DICKENS, CITY ATTORNEY AND DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 120 Mayor Shirley Gibson (Yes) ___(No) 121 Vice Mayor Barbara
Watson (Yes) ___(No) 122 Councilman Melvin L. Bratton (Yes) ___(No) 123 Councilman Aaron Campbell (Yes) ___(No) 124 Councilman Oliver Gilbert, III (Yes) ___(No) 125 Councilwoman Sharon
Pritchett (Yes) ___(No) 126 Councilman André Williams (Yes) ___(No) 127 128 129 SKD/teh Page 25 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 11, 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) NSP 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, City Manager
Department: Code Enforcement Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AN “ADMINISTRATIVE FORECLOSURE PROGRAM” AS OUTLINED IN EXHIBIT
“A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Since the City’s incorporation in 2003, one of the major initiatives
undertaken by staff has been to address housing stock and local businesses area that have become blighted within the community. Through the City’s Code Enforcement Department, numerous
code violations have been issued that had been previously overlooked while this area was part of unincorporated Miami Dade County. It is the purpose of the City’s Code Enforcement effort
to ensure compliance so that the neighborhoods in Miami Gardens can reach and maintain the most desirable standards. Since 2007 the City has issued 5,246 residential and commercial violations
resulting in approximately $16,248,620 in liens. While a significant number of warning and civil violation notices prompted the property owner to remedy the condition and come into compliance,
many of the violations remain unaddressed and the lien amounts continue to accrue daily. ITEM J-1) CONSENT AGENDA RESOLUTION Administrative Foreclosure Program Page 26 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation An analysis of recorded Code Enforcement liens reveals outstanding lien amounts in excess of $15,700,710.
Consideration needs to be given in regards to allowing fees to continue to mount with no proposed administrative remedial action. Moreover, as these outstanding lien amounts continue
to increase, the primary objective of code compliance is not realized and may in fact hinder compliance on the part of the property owner. The attached report (Attachment A) reflects
recorded liens on eligible residential properties for the period of March 22, 2007 thru December 19, 2008. In order to address this condition, City Staff has crafted an administrative
residential foreclosure program that will authorize the City to foreclose on properties that have amassed large amounts of code enforcement liens. The proposed criteria and process are
outlined below: Administrative Foreclosure Program: The Code Enforcement Department will be responsible for administration of this program. Once a property/business is deemed eligible
under this program, the Code Enforcement Department will initiate the administrative foreclosure action by notifying the City Attorney and providing all pertinent information (corresponding
reports of violations, recorded liens, etc). The City Attorney will then take the request through the required legal process in order for the City to secure title to the property as
authorized by the proposed resolution. • Criteria for Properties Eligibility o Non‐homestead and unoccupied ( if residential) o Unsafe and or blighted condition o Amassed a minimum of
$50,000 in City Code Enforcement liens o Liens must be at least 6 months old • Other Considerations o Mortgage amount‐in some instances, eligible properties may have significant mortgages
that may make the City’s foreclosure cost prohibitive. Those cases will not be processed under this process. o Negotiation authority‐because every situation may have unusual circumstances,
circumstances, it is suggested that this process authorize the City Manager and the City Attorney to negotiate with the property owner should such a request be made by the property owner.
• Amnesty Period o As with any new program requiring compliance, it behooves the administration to afford the impacted individuals an amnesty period in order to voluntarily comply with
the proposed resolution. City staff proposes an amnesty period to start on March 30, 2009 and end June 30, 2009. During this amnesty period property owners may remedy their outstanding
liens by paying 5% of the total amount of accumulated fines and correcting the conditions that triggered the initial violation(s). It should be noted that hard costs Page 27 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 incurred by the City to maintain and secure the property, as well as administrative hearing fees must be paid in
full. o In order to participate in the administrative residential foreclosure amnesty period, owners must pay a single application fee of $75.00, per eligible property. The application
fee will cover the administrative costs required to register and track participants, as well as recording costs. o Because the intent of the program is compliance, the City Manager may,
at his sole discretion, extend the amnesty period by virtue of an administrative order. The proposed resolution seeks to authorize the City to implement the Administrative Foreclosure
Program. The intent of this program is to enable the City to take the necessary action in securing title to properties/businesses that have been deemed blighted and owners have neglected
to remedy the unacceptable conditions. Residential properties foreclosed upon under this program and determined to be blighted and in disrepair will be demolished utilizing Neighborhood
Stabilization Program Funds. Upon obtaining Council approval, City staff will launch the program by advertising the three (3) month amnesty program. The advertising campaign will include
direct mailing to all owners of eligible properties as well as newspaper (Neighbors section) and City web page advertising. At the conclusion of the amnesty period, City staff will proceed
with foreclosure action on 6‐8 of the most blighted properties in the City, assuming that the owners of which have not taken advantage of the amnesty period. The intent of this initial
effort will allow staff to evaluate the parameters of the program and determine if modifications are necessary. Should modifications be deemed necessary, City staff will bring to Council
a new agenda item amending this proposed resolution. Proposed Action: It is recommended that City Council approve the attached resolution authorizing the implementation of the Administrative
Foreclosure Program, inclusive of an amnesty period that will allow for voluntary compliance. Attachment: Attachment A: Recorded Lien Report Page 28 of 107
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AN “ADMINISTRATIVE FORECLOSURE PROGRAM” AS OUTLINED IN EXHIBIT A ATTACHED HERETO;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2004, the City took over code enforcement responsibilities from Miami-Dade County, and 1 2 3 4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 WHEREAS, since that time, the City has processed thousands of code enforcement case and have taken hundreds of cases through the lien process, and
WHEREAS, the City currently has outstanding liens in excess of Fifteen Million Dollars ($15,000,000.00), and WHEREAS, many of these liens have attached to homestead properties, and the
City is not able to pursue a foreclosure action on homestead residential properties; however, many of these liens exist on non-homestead properties and on commercial properties, and
WHEREAS, City staff has undertaken a study to determine which liens are eligible and should be pursued to foreclosure, and WHEREAS, City staff is proposing an Administrative Foreclosure
Program whereby a determination will be made with respect to whether or not certain properties are eligible for foreclosure which shall include an analysis of whether or not the property
is homestead, whether it is blighted and the amount of liens that have been recorded against the property, and whereby foreclosure actions will be initiated in certain circumstances,
and Page 29 of 107
WHEREAS, in addition to the aforementioned criteria, City staff will also consider whether or not there are mortgages against the property and whether or not lien reductions can be negotiated
with the property owners, and 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, part and parcel to the Program, City staff is recommending that the City commence
an amnesty period until March 30, 2009, and ending June 30, 2009; during which time the property owner may remedy their outstanding liens by paying five percent (5%) percentage of the
total amount due, correcting all violations and paying any and all administrative costs associated with their lien, and WHEREAS, City staff is requesting that the City Council authorize
the City Manager and City Attorney’s Office to take any and all steps necessary to proceed with the Administrative Residential Foreclosure Program, 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 approves an “Administrative Foreclosure
Program” as outlined in Exhibit A attached hereto. 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 MARCH 11, 2009. Page 30 of 107
42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC,
CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 64 Mayor Shirley Gibson (Yes) ___(No)
65 Vice Mayor Barbara Watson (Yes) ___(No) 66 Councilman Melvin L. Bratton (Yes) ___(No) 67 Councilman Aaron Campbell (Yes) ___(No) 68 Councilman Oliver Gilbert, III (Yes) ___(No) 69
Councilwoman Sharon Pritchett (Yes) ___(No) 70 Councilman André Williams (Yes) ___(No) 71 72 73 SKD/teh 8363451_1.DOC Page 31 of 107
City of Miami Gardens Code Enforcement Department Recorded Liens RESIDENTIAL NON-HOMESTEAD as of 12/08 Criteria for Foreclosure: Vacant, Unsafe, $50,000 + & 6mos + Date Address Lien
Amount Paid Per Diem /Admin Fee 3/22/07 20928 NW 39th Ave $130,430.00 $1250.00 p/d & $180.00 admin 8/16/06 19611 NW 3rd Court $300.00 $300.00 Release of Lien 8/16/06 1375 NW 172nd St
$50,560.00 $500.00 p/d & $60.00 admin 3/22 -4/16/2007 2320 NW 162 St Rd $413,410.00 $1600.00 p/d & $360.00 admin 5/10/07 1780 NW 167th St $149,500.00 $250.00 p/d & $60.00 admin 5/10/07
20650 NW 37th CT $361,450.00 $3200.00 p/d & $660.00 admin 5/10/07 4650 NW 185th St $266,700.00 $1050.00 p/d & $300.00 admin 5/10/07 16805 NW 25th Ct $29,500.00 $250.00 p/d & $60.00 admin
5/10/07 18885 NW 2nd Ave $16,600.00 $500.00 p/d & $0.00 admin 6/20/07 3601 NW 212th St $15,500.00 $60.00 admin fee 6/20/07 15940 NW 17th Pl $15,860.00 $500.00 p/d & $60.00 admin 6/20/07
3175 NW 207th St $116,000.00 $1000.00 p/d & $60.00 admin 6/20/07 19355 NW 2nd Ave $209,250.00 $750.00 p/d & $60.00 admin 6/25/07 1661 NW 154th St $2,350.00 $120.00 admin fee 8/24/07
167 St NW 38 Court $38,250.00 $250.00 p/d & $60.00 admin 8/24/07 3305 NW 211th St $50,500.00 $60.00 admin fee 8/24/07 50 NE 209th Terrace $63,500.00 $60.00 admin fee 9/10/07 18910 NW
46th Ave $15,500.00 $250.00 p/d & $60.00 admin 9/10/07 183rd St & 27th Ave $70,000.00 $350.00 p/d & $120.00 admin 9/10/07 3590 NW 181st St $175,000.00 $1000.00 p/d 9/10/07 700 NW 179th
Ter $23,250.00 $250.00 p/d & $60.00 admin Page 32 of 107
9/10/07 50 209th Terrace 00 admin 9/10/07 3231 NW 175th St $11,750.00 $250.00 p/d & $60.00 admin 9/10/07 2460 NW 155th Ter $2,475.00 $60.00 admin fee 9/10/07 810 NW 172nd Ter $20,500.00
$3,084.00 Release of Lien 9/10/07 18200 NW 27th Ave $126,350.00 $650.00 p/d & $120.00 admin 9/10/07 37th Ave NW & 167 St $1,000.00 $60.00 admin fee 9/10/07 191 St & NW 11th Ave $23,300.00
$60.00 admin fee 9/10/07 2920 NW 195th St $204,500.00 $150.00 admin fee 9/10/07 18053 NW 27th Ave $350.00 $250.00 p/d & $120.00 admin 9/10/07 17431 NW 37th Ct $95,000.00 $240.00 admin
fee 9/10/07 15321 NW 33rd Ct $51,250.00 $60.00 admin fee NE $63,500.00 $250.00 p/d & $60.00 9/10/07 580 NW 194th St $53,250.00 $750.00 p/d & $180.00 admin 9/10/07 2970 NW 187th St $2,478.00
$60.00 admin fee 9/10/07 1305 NW 203rd St $164,750.00 $1250.00 p/d & $240.00 11/26/07 17300 NW 45th Ct $37,000.00 $500.00 p/d & $120.00 admin 11/26/07 3941 NW 168th Ter $19,500.00 $250.00
p/d & $60.00 admin 11/26/07 17901 NW 27th Ave $18,750.00 $250.00 p/d & $60.00 admin 11/11/26/07 4350 NW 205th St $75,500.00 $250.00 p/d & $60.00 admin 11/26/07 3012 NW 185th St $16,000.00
$10.00 Partial Release of Lien 11/26/07 1741 NW 187th Ave $29,000.00 $500.00 p/d & $120.00 admin 11/26/07 2783 NW 198th Ter $4,500.00 $500.00 p/d & $120.00 admin 11/26/07 16350 NW 20th
Ave $20,000.00 $11,210.00 Release of Lien 11/26/07 1935 BNW 153rd St $25,250.00 $250.00 p/d & $60.00 admin Page 33 of 107
11/26/07 772 NW 183rd St $82,600.00 $500.00 p/d & $120.00 admin 11/26/07 4515 NW 185th St $62,500.00 $500.00 p/d & $120.00 admin 12/17/07 3000 NW 205th Ter $250.00 $310.00 Release of
Lien 12/17/07 19125 nw 22nd Ave $79,500.00 $10.00 Partial Release of Lien 12/17/07 15911 NW 42nd Ave $40,500.00 $60.00 admin fee 12/17/07 2405 NW 176th Ter $31,000.00 $250.00 p/d & $60.00
admin 12/17/07 2770 NW 168th Ter $18,250.00 $250.00 p/d & $60.00 admin 12/17/07 3815 Nw 183rd St $53,000.00 $500.00 p/d & $60.00 admin 12/17/07 15665 NW 42nd Ave $126,750.00 $120.00
Admin fee 12/17/07 17825 NW 19th Ave $12,500.00 $1,875.00 Release of Lien 12/17/07 3040 NW 190th St $132,750.00 $750.00 p/d & $180.00 admin 2/22/08 18935 NW 11th Ct $130,000.00 $1000.00
p/d & $240.00 admin 2/22/08 1925 NW 183rd St $16,000.00 $250.00 p/d & $60.00 admin 2/22/08 350 NW 215th St $5,000.00 $1000.00 p/d & $120.00 admin 2/22/08 621 NW 179th St $233,500.00
$170.00 p/d & $420.00 admin 2/22/08 2761 NW 175th St $21,000.00 $250.00 p/d & $60.00 admin 2/22/08 17051 NW 29th Ave $19,250.00 $250.00 p/d & $60.00 admin 2/22/08 3230 NW 171st St $19,250.00
$250.00 p/d & $60.00 admin 2/22/08 15835 NW 27th Pl $72,000.00 $500.00 p/d & $120.00 admin 2/22/08 15211 NW 18th Ave $14,000.00 $250.00 p/d & $60.00 admin 2/22/08 2801 NW 174th St $33,250.00
$250.00 p/d & $60.00 admin 2/22/08 3285 NW 183rd St $20,000.00 $250.00 p/d & $60.00 admin 2/22/08 6890 NW 7th Ave $127,500.00 $250.00 p/d & $60.00 admin 2/22/08 2800 NW 183rs St $16,700.00
$100.00 p/d & $60.00 admin Page 34 of 107
2/22/08 3020 188th St 00 admin 2/22/08 2800 NW 183rs St $58,450.00 $6,796.50 Release of Lien 2/22/08 1770-78 NW 183rd $46,750.00 $250.00 p/d & $60.00 admin 2/22/08 2775 NW 164 Ter $20,250.00
$11,812.50 Release of Lien 2/22/08 2430 NW 162nd Ter $43,750.00 $250.00 p/d & $60.00 admin 2/22/08 16355 NW 27th Dr $72,750.00 $250.00 p/d & $120.00 admin 2/22/08 2765 NW 169th Ter $26,000.00
$250.00 p/d & $60.00 admin 2/22/08 2225 NW 165th St $29,000.00 $250.00 p/d & $60.00 admin 2/22/08 2851 NW 171st Ter $17,500.00 $250.00 p/d & $60.00 admin 2/22/08 4230 NW 178th Ter $21,000.00
$250.00 p/d & $60.00 admin 2/22/08 4409 NW 185th St $40,000.00 $500.00 p/d & $60.00 admin NW $23,500.00 $250.00 p/d & $60.00 2/22/08 3250 NW 171st St $17,750.00 $250.00 p/d & $60.00
admin 2/22/08 18702 NW 42nd Ct $18,000.00 $11,109.00 Release of Lien 2/22/08 3900 NW 171st St $18,000.00 $250.00 p/d & $60.00 admin 2/22/08 18711 NW 30th Ct $17,500.00 $250.00 p/d &
$60.00 admin 2/22/08 16230 NW 22nd Ave $20,650.00 $250.00 p/d & $120.00 admin 2/22/08 1745 NW 153rd Ter $30,000.00 $250.00 p/d & $60.00 admin 2/22/08 2008 NW 154th St $1,687.50 $0.00
2/22/08 1271 NW 176th Ter $113,000.00 $$750.00 p/d & $180.00 admin 2/22/08 1301 NW 190th St $47,000.00 $500.00 p/d $ $60.00 admin 2/22/08 16001 Nw 27th Ave $88,500.00 $500.. p/d & $120.00
admin 2/22/08 4340 NW 182nd St $16,750.00 $250.00 p/d & $60.00 admin 2/22/08 17321 NW 46th Ave $16,750.00 $250.00 p/d & $60.00 admin Page 35 of 107
2/22/08 3210 NW 175th St $11,500.00 $250.00 p/d & $60.00 admin 2/22/08 15141 NW Railroad Dr $87,000.00 $1000.00 p/d & $180.00 admin 2/22/08 1180 NW 179th Ter $62,000.00 $500.00 p/d &
$60.00 admin 2/22/08 4409 NW 185th St $59,000.00 $500.00 p/d & $60.00 admin 2/22/08 3451 NW 194th Ter $21,500.00 $500.00 p/d & $180.00 admin 2/22/08 15341 NW 29th Ave $100,000.00 $1000.00
p/d & $180.00 admin 2/22/08 1757 NW 38th Ter $23,750.00 $250.00 p/d & $60.00 admin 3/13/08 821 NW 183rd Dr $124,000.00 $18,632.00 Release of Lien 3/13/08 1727 NW 152nd Ter $91,500.00
3/13/08 18135 NW 25th Ct $27,750.00 $250.00 p/d & $60.00 admin 3/13/08 1511 NW 179th Ter $61,500.00 $500.00 p/d & $60.00 admin 3/13/08 3101 NW 154th Ter $45,000.00 3/13/08 15411 NW 31
Ave $3,000.00 $0.00 3/13/08 16001 NW 27th Ave $14,750.00 $0.00 3/13/08 18135 NW 25th Ct $45,000.00 $250.00 p/d & $60.00 admin 3/13/08 1271 NW 176th Ter $39,000.00 $250.00 p/d & $60.00
admin 3/20/08 4040 NW 187th Ter $18,000.00 $250.00 p/d & $60.00 admin 3/20/08 1611 NW 168th Ter $79,250.00 $750.00 p/d & $120.00 admin 3/20/08 4509 NW 185th St $66,000.00 $1000.00 p/d
& $180.00 admin 3/20/08 18050 NW 36th Ave $10,750.00 $250.00 p/d & $60.00 admin 3/20/08 17511 NW 11th Ave $80,250.00 $250.00 p/d & $120.00 admin 3/20/08 2041 NW 153rd St $39,000.00 $60.00
admin fee/Partial 3/20/08 15411 NW Railroad Dr. $30,750.00 $250.00 p/d & $60.00 admin 3/20/08 1960 NW 191st St $62,150.00 $750.00 p/d & $180.00 admin Page 36 of 107
4/16/08 18912 NW Ave 3/26/08 1727 NW 152nd Ter $30,500.00 $0.00 3/26/08 16001 Nw 27th Ave $14,750.00 $250.00 p/d & $60.00 admin 4/16/08 3521 NW 193rd St $22,000.00 $250.00 p/d & $60.00
admin 4/16/08 19364 NW 30th Ct $13,950.00 $250.00 p/d & $60.00 admin 4/16/08 765 NW 175th St $44,750.00 $250.00 & $120.00 admin 4/16/08 3255 NW 180th St $250.00 $250.00 p/d & $60.00
admin 4/16/08 3820 NW 170th St $74,250.00 $17,043.00 Release of Lien 4/16/08 1655 NW 152nd Ter $70,000.00 $500.00 p/d & $120.00 admin 4/16/08 811 NW 183rd Dr $31,000.00 $500.00 p/d &
$120.00 admin 4/16/08 17141 NW 42nd Pl $442,000.00 $10.00 Partial Release of Lien 45th $295,000.00 $1750.00 p/d 4/16/08 3520 NW 173rd Ter $39,500.00 $250.00 p/d 4/16/08 4475 Treasure
Cove $25,000.00 $500.00 p/d & $60.00 admin 4/16/08 19303 NW 28th Ct $25,500.00 $250.00 p/d & $60.00 admin 4/16/08 1930 NW 190th Ter $27,500.00 $500.00 p/d & $120.00 admin 4/16/08 20061
NW 14th Ct $21,250.00 $0.00 4/16/08 18805 NW 27th Ave $24,500.00 $120.00 admin fee 4/16/08 3741 NW 207th 207th St $27,500.00 !20.00 admin fee 4/16/08 NW 27th Ave & 191 St $13,750.00
$60.00 admin fee 4/16/08 20155 NW 12th Pl $34,000.00 $60.00 admin fee 4/16/08 15835 NW 27th Pl $26,500.00 $240.00 admin fee 4/16/08 2775 NW 164 Ter $1,750.00 $271.50 Release of Lien
7/1/08 18910 NW 46th Ave $16,845.00 $250.00 p/d & $180.00 admin Page 37 of 107
7/1/08 2250 NW 194 Terr $208,000.00 $1500.00 p/d & $240.00 admin 7/1/08 16860 NW 18 Ave $40,000.00 $120.00 admin fee 7/1/08 1700 NW 179 Terr $26,650.00 $100.00 p/d & $120.00 admin 7/1/08
2111 NW 151 ST $40,050.00 $30.00 Partial Release of Lien 7/1/08 20401 NW 2 Ave #103 3 $24,850.00 $350.00 p/d & $120.00 7/1/08 NW 168th Terr & 27 Ave $18,500.00 $250.00 p/d & $60.00 admin
7/1/08 3820 NW 170th St $500.00 $84.00 Release of Lien 7/1/08 3741 NW 207th St $8,750.00 $250.00 p/d & $60.00 admin 7/1/08 16375 NW 52 nd Ave $62,500.00 $1200.00 p/d & $420.00 admin
7/1/08 2910 NW 165 St $500.00 Paid $60.00 admin fee 7/1/08 20295 NW 2nd Ave $20,650.00 $350.00 p/d & $120.00 admin 7/1/08 2770 NW 168 Terr $18,250.00 $250.00 p/d & $60.00 admin 7/1/08
3520 NW 173rd Ter $39,500.00 $250.00 p/d & $60.00 admin 7/31/08 3230 NW 171st St $8,000.00 $500.00 p/d & $60.00 admin 7/31/08 18351 NW 27th Ave $36,250.00 $7,417.00 Release of Lien 7/31/08
290 NW 183 St $74,850.00
$700.00 p/d & $240.00 admin 7/31/08 3280 NW 208 St $19,750.00 $250.00 p/d & $60.00 admin 7/31/08 15341 NW 32 Ave $4,250.00 $250.00 p/d & $60.00 admin 8/28/08 19458 NW 28th PL $125.00
$60.00 admin fee 8/28/08 2259 NW 167th St $47,000.00 $750.00 p/d & $180 admin 8/28/08 1011 NW 182nd St $58,000.00 $500.00 p/d & $60.00 admin 9/19/08 1305 NW 203rd St $250.00 $60.00 admin
fee 9/19/08 18104 NW 19th Ave $16,000.00 $60.00 admin fee 9/19/08 1301 NW 171st Ter $35,250.00 $250.00 p/d & $120.00 admin Page 38 of 107
11/10/08 18711 NW Ct 00 admin 9/19/08 17027 NW 32nd Ave $57,500.00 $500.00 p/d & $120.00 admin 9/19/08 3011 NW 154th Ter $43,000.00 $500.00 p/d & $60.00 admin 9/19/08 2970 NW 151st Ter
$18,500.00 $250.00 p/d & $60.00 admin 11/10/08 2300 NW 184th St $54,950.00 $350.00 p/d & $120.00 admin 11/10/08 15411 NW 31 Ave $43,250.00 $250.00 p/d & $60.00 admin 11/10/08 1401 NW
175th St $252,500.00 $150.00 p/d & $180.00 admin 11/10/08 2460 NW 155th Ter $125,500.00 $500.00 p/d & $60.00 admin 11/10/08 19110 NW 9th Ave $66,650.00 $450.00 p/d & $180.00 admin 11/10/08
1770 Nw 167th St $18,000.00 $100.00 p/d & $60.00 admin 11/10/08 15850 NW 18th Pl $7,500.00 $60.00 admin fee 30th $34,750.00 $250.00 p/d & $60.00 11/10/08 2041 NW 194th Ter $22,500.00
Incorrectly filed 11/10/08 17940 Nw 5th Ct $40,500.00 $500.00 p/d & $120.00 admin 11/10/08 15230 NW 32nd Ave $20,500.00 $60.00 admin fee 11/10/08 2981 NW 165th St $33,450.00 $250.00
p/d & $60.00 admin 11/10/08 15411 NW 31st Ave $25,750.00 $250.00 p/d & $60.00 admin 11/10/08 20522 NW 23rd Ct $101,250.00 $750.00 p/d & $120.00 admin 11/10/08 2265 W. Bunche PK DR $30,000.00
$250.00 p/d & $60.00 admin 11/10/08 15830 Bunche Park $28,000.00 $250.00 p/d & $60.00 admin 11/10/08 2430 NW 162nd Ter $30,250.00 $250.00 p/d & $60.00 admin 11/10/08 1485 NW 155th St
$250.00 $60.00 admin fee 11/10/08 1740 NW 175th St $10,500.00 $120.00 admin fee 11/10/08 16210 NW 37th Ave $1,500.00 $120.00 admin fee Page 39 of 107
11/10/08 2950 NW 165th St $27,000.00 $250.00 p/d & $120.00 admin fee 11/10/08 3233 NW 196th Lane $17,250.00 $250.00 p/d & $60.00 admin 11/10/08 18555 NW 22nd Ave $69,000.00 $1250.00
p/d & $240.00 admin 11/10/08 99 NW 183rd St #106 $48,300.00 $700.00 p/d & $240.00 admin 11/10/08 2901 NW 156th St $9,550.00 $180.00 admin fee 11/10/08 1441 NW 202nd St $10,250.00 $250.00
p/d & $60.00 admin 11/10/08 17200 NW 43rd Ave $56,000.00 $750.00 p/d & $120.00 admin 11/10/08 3020 NW 157th St $43,500.00 $750.00 p/d & $180.00 admin 12/5/08 20535 NW 24th Ave $70,500.00
$120.00 admin fee 12/5/08 1727 NW 152nd Ter $44,500.00 $500.00 p/d & $60.00 admin 12/5/08 16120 NW 20th Ct $30,500.00 $500.00 p/d & $120.00 admin 12/19/08 20211 NW 11th Ct $15,750.00
$250.00 p/d & $60.00 admin 12/19/08 50 NE 209th Terrace $96,000.00 $1500.00 p/d & $300.00 admin 12/19/08 99 NW 183rd St $91,350.00 $350.00 p/d & $120.00 admin 12/19/08 1931 NW 189th
Ter $35,250.00 $250.00 p/d & $60.00 admin 12/19/08 17901 NW 7th Ave $58,750.00 $1250.00 p/d & $240.00 240.00 admin 12/19/08 17940 NW 5th CT $64,000.00 $1000.00 p/d & $120.00 admin 12/19/08
15955 NW 22nd Ave $50,250.00 $250.00 p/d & $60.00 admin 12/19/08 16320 NW 23rd Ct $39,250.00 $250.00 p/d & $60.00 admin 12/19/08 20396 NW 152nd Ter $69,500.00 $500.00 p/d & $60.00 admin
12/19/08 2767 NW 197th Ter $14,250.00 $250.00 p/d & $60.00 admin 12/19/08 4520 NW 170th St $27,750.00 $250.00 p/d & $60.00 admin 12/19/08 2950 NW 151st Ter $75,750.00 $500.00 p/d & $120.00
admin 12/19/08 2120 NW 154th St $2,500.00 $60.00 admin fee Page 40 of 107
12/19/08 2430 162nd Ter admin fee 12/19/08 2481 NW 151st St $18,250.00 $250.00 p/d & $60.00 admin 12/19/08 3150 NW 205th Ter $145,000.00 $2350.00 p/d & $420.00 admin 12/19/08 3291 NW
212th St $17,500.00 $250.00 p/d & $60.00 admin 12/19/08 3470 NW 207th St $51,250.00 $500.00 p/d & $120.00 admin 12/19/08 20701 NW 37th Ave $2,250.00 $0.00 12/19/08 21073 NW 37th Ave
$60,000.00 $750.00 p/d & $180.00 admin 12/19/08 15341 NW 29th Ave $90,500.00 $1100.00 p/d & $240.00 admin 12/19/08 16420 NW 17th Ct $250.00 $60.00 admin fee 12/19/08 16720 NW 25th Ct
$48,750.00 $750.00 p/d & $180.00 admin 12/19/08 2315 NW 166th St $31,500.00 $500.00 p/d & $120.00 admin NW $500.00 $60.00 12/19/08 2215 NW 158th St $14,500.00 $250.00 p/d & $60.00 admin
$11,397,320.50 Releases of Lien Parial Release of Lien Foreclosure Property Totals Grand Totals Paid Page 41 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 11, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: Matching Grant Florida Department of Transportation Public Works
tal Impr ment and Capi ove Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0809022 Miami Gardens Drive Landscape Beautification Project X Sponsor
Name Dr. Danny Cre City Manager w, Department: Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR THE MIAMI
GARDENS DRIVE BEAUTIFICATION PROJECT TO TRAN CONSTRUCTION, INC., IN THE AMOUNT OF THREE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED FORTY-FOUR DOLLARS ($370,844.00) PLUS A TEN PERCENT (10%)
CONTINGENCY; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS IN ACCORDANCE WITH BID SPECIFICATIONS FOR AN AMOUNT NOT TO EXCEED THE BID AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens received a matching grant with a maximum total of $300,000 from the Florida Department of Transportation, Florida
Highway Beautification Council Grant for median improvements for Miami Gardens Drive from NW 2nd Avenue to NW 27th Avenue. The project includes removal and replacement of trees, installation
of an irrigation system; shrubs, sod and plants. Additional funds for this project is budgeted in the Public Works Capital Improvements. ITEM J-2) CONSENT AGENDA RESOLUTION Awarding
a bid to Tran Construction Inc. Page 42 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Specifications were prepared by BEA International’s sub consultant, Laura Llerena & Associates, ITB #08-09-022 and
advertised on December 22, 2008. A broadcast notice was sent to 1,353 vendors. Sixty-eight bid packages were requested. The bids were opened on February 5, 2009. Thirteen bids were received
and publicity read. Mariana Pitiriciu, City Engineer and Kerrith Fiddler, Public Works Inspector evaluated the bids for compliance with the specifications and their ability to perform
the work. The apparent low bidder, Superior Landscaping and Lawn Service, Inc., located in Miami, Florida was determined to be nonresponsible as out of the references received only one
was favorable, and the project is not completed nor is the scope of work similar to our project. Under section titled “Consideration of Bids”, it specifically states that determination
of the lowest qualified responsible bidder, in addition to price, shall be considered based on quality of performance on previous contracts and the ability, capacity and skill of the
bidder to perform the Contract. Based on the evaluation, the apparent second low bidder is Tran Construction, Inc. located in Miami, Florida. Reference and background evaluations were
conducted and found favorable. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review Proposed Action: That the City
Council approve the attached resolution awarding the bid for Miami Gardens Drive Beautification Project in the amount of $370,844.00 plus a 10% contingency to Tran Construction, Inc.,
located in Miami, Florida and to authorize the City Manager to issue purchase orders in accordance with the bid specifications for an amount not to exceed the remaining allocated budget
from the $300,000 grant and the other $300,000 from the Capital Improvement Budget. Attachment: . The tabulation sheet is attached as Exhibit “A” Page 43 of 107
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID FOR THE MIAMI GARDENS DRIVE BEAUTIFICATION PROJECT TO TRAN CONSTRUCTION, INC.,
IN THE AMOUNT OF THREE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED FORTY-FOUR DOLLARS ($370,844.00) PLUS A TEN PERCENT (10%) CONTINGENCY; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS
IN ACCORDANCE WITH BID SPECIFICATIONS FOR AN AMOUNT NOT TO EXCEED THE BID AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami
Gardens received a matching grant in the amount of Three Hundred Thousand Dollars ($300,000.00) from the Florida Department of Transportation, Florida Highway Beautification Council,
for median improvements for Miami Gardens Drive from Northwest 2nd Avenue to Northwest 27th Avenue (“Beautification Project”), and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 WHEREAS, the Beautification
Project will include the removal and replacement of trees, installation and irrigation system, shrubs, sod and plants, and WHEREAS, there is additional funding for the Beautification
Project in the Public Works Capital Improvement Budget, and WHEREAS, specifications were prepared by BEA International’s sub consultant, Laura Llerena & Associates, in accordance with
Invitation To Bid #08-09-022, and WHEREAS, thirteen (13) bids were received and publicly read, and WHEREAS, City staff evaluated the bids for compliance with the specifications and ability
to perform the work, and Page 44 of 107
WHEREAS, the apparent low bidder, Superior Landscaping and Lawn Service, Inc., located in Miami, Florida, was deemed to be non-responsible as only one of their references was favorable
and whereas one of their projects was not completed, and 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 WHEREAS, the next apparent low bidder is Tran Construction,
Inc., located in Miami, Florida, and WHEREAS, Tran Construction, Inc.’s, references and background evaluations were conducted and found to be favorable and the City staff is recommending
that the City Council award the bid to Tran Construction, Inc., 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 awards a bid to Tran Construction, Inc., for the Miami Gardens Drive Beautification Project in the amount of Three Hundred Seventy
Thousand Eight Hundred Forty-Four Dollars ($370,844.00) plus a ten percent (10%) contingency. The City Council further authorizes the City Manager to issue purchase orders for this purpose.
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 MARCH 11, 2009. Page 45 of 107
38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 _________________________________ 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: _____ 59 Mayor Shirley Gibson (Yes) ___(No)
60 Vice Mayor Barbara Watson (Yes) ___(No) 61 Councilman Melvin L. Bratton (Yes) ___(No) 62 Councilman Aaron Campbell (Yes) ___(No) 63 Councilman Oliver Gilbert, III (Yes) ___(No) 64
Councilwoman Sharon Pritchett (Yes) ___(No) 65 Councilman André Williams (Yes) ___(No) 66 67 68 SKD/teh 8362146_1.DOC Page 46 of 107
Drawf 1103 EA $ $ 7 721 00 $ $ 9 927 00 $ 10 08 $ 11 118 24 $ $ 7 721 00 $ $ 5 735 60 $ 10 00 $ 11 030 00 Tabulation Sheet ‐ITB#08‐09‐022 Miami Gardens Drive Beautification Project Tran
Construction Inc. APAC Group, Inc. Southcoast Group Elan Lawn & Landscape Superior Landscape Jerry's Custom Land Miami, FL Miami Gardens, FL Miami, FL Pembroke Pines, FL Miami, FL Miramar,
FL* Item Est. QtyUOM Unit Cost Est. Total Unit Cost Est. Total Unit Cost Est. Total Unit Cost Est. Total Unit Cost Est. Total Unit Cost Est. Total Mobil/Demobil 1 LS $ 1 5,990.00 $ 15,990.00
$ 20,000.00 $ 20,000.00 $ 35,949.68 $ 35,949.68 $ 2 5,000.00 $ 25,000.00 $ 880.00 $ 880.00 $ 37,500.00 $ 37,500.00 Ins & bonds 1 LS $ 1 2,750.00 $ 12,750.00 $ 20,000.00 $ 20,000.00 $
15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 7,000.00 $ 7,000.00 $ 37,500.00 $ 37,500.00 MOT 1 LS $ 3,465.00 $ 3,465.00 $ 30,000.00 $ 30,000.00 $ 40,000.00 $ 40,000.00 $ 7,500.00 $
7,500.00 $ 2,400.00 $ 2,400.00 $ 5,000.00 $ 5 ,000.00 Clear & Grub 1 LS $ 4,797.00 $ 4,797.00 $ 15,000.00 $ 15,000.00 $ 17,500.00 $ 17,500.00 $ 7,500.00 $ 7,500.00 $ 9,020.00 $ 9,020.00
$ 50.00 $ 50.00 Prot Trees 155 EA $ 54.00 $ 8,370.00 $ 150.00 $ 23,250.00 $ 25.80 $ 3,999.00 $ 30.00 $ 4,650.00 $ 10.00 $ 1,550.00 $ ‐Remove Trees 58 EA $ 27.00 $ 1,566.00 $ 65.00 $
3,770.00 $ 50.00 $ 2,900.00 $ 100.00 $ 5,800.00 $ 210.00 $ 12,180.00 $ 250.00 $ 14,500.00 Mahogany Tree 94 EA $ 235.00 $ 22,090.00 $ 325.00 $ 30,550.00 $ 421.60 $ 39,630.40 $ 260.00
$ 24,440.00 $ 210.00 $ 19,740.00 $ 200.00 $ 18,800.00 Pimk Trumpet 49 EA $ 198.00 $ 9,702.00 $ 284.00 $ 13,916.00 $ 311.66 $ 15,271.34 $ 250.00 $ 12,250.00 $ 149.00 $ 7,301.00 $ 200.00
$ 9 ,800.00 Wild Tamarind 2 EA $ 292.00 $ 584.00 $ 290.00 $ 580.00 $ 321.66 $ 643.32 $ 260.00 $ 520.00 $ 295.00 $ 590.00 $ 200.00 $ 400.00 Royal Poinciana 18 EA $ 267.00 $ 4,806.00 $
375.00 $ 6,750.00 $ 421.66 $ 7,589.88 $ 260.00 $ 4,680.00 $ 190.00 $ 3,420.00 $ 200.00 $ 3 ,600.00 Live Oak 5 EA $ 314.00 $ 1,570.00 $ 375.00 $ 1,875.00 $ 471.66 $ 2,358.30 $ 260.00
$ 1,300.00 $ 255.00 $ 1,275.00 $ 350.00 $ 1 ,750.00 Royal Palm 61 EA $ 421.00 $ 25,681.00 $ 350.00 $ 21,350.00 $ 751.66 $ 45,851.26 $ 450.00 $ 27,450.00 $ 300.00 $ 18,300.00 $ 100.00
$ 6 ,100.00 Petite Ixora 2183 EA $ 7.00 $ 15,281.00 $ 9.00 $ 19,647.00 $ 13.08 $ 28,553.64 $ 7.00 $ 15,281.00 $ 6.00 $ 13,098.00 $ 10.00 $ 21,830.00 Aboricola Trinette 4131 EA $ 4.00
$ 16,524.00 $ 9.00 $ 37,179.00 $ 6.38 $ 26,355.78 $ 7.00 $ 28,917.00 $ 2.60 $ 10,740.60 $ 2.00 $ 8 ,262.00 Plumbago 7.00 7,721.00 9.00 9,927.00 10.08 11,118.24 7.00 7,721.00 5.20 5,735.60
10.00 11,030.00 Wax Jasmine 1024 EA $ 7.00 $ 7,168.00 $ 9.00 $ 9,216.00 $ 10.08 $ 10,321.92 $ 7.00 $ 7,168.00 $ 5.20 $ 5,324.80 $ 10.00 $ 10,240.00 Sod 135,000 SQ.FT. $ 0 .25 $ 33,750.00
$ 0.40 $ 54,000.00 $ 0.31 $ 41,850.00 $ 0.30 $ 40,500.00 $ 0.32 $ 43,200.00 $ 2.00 $ 270,000.00 Brick Pavers 750 SQ.FT. $ 9.00 $ 6,750.00 $ 7.50 $ 5,625.00 $ 10.00 $ 7,500.00 $ 25.00
$ 18,750.00 $ 1.00 $ 750.00 $ 25.00 $ 18,750.00 Mulch 250 CU.YD $ 35.00 $ 8,750.00 $ 44.00 $ 11,000.00 $ 133.06 $ $ 33,266.00 $ 52.00 $ 13,000.00 $ 46.00 $ 11,500.00 $ 15.00 $ 3 ,750.00
Plant Soil 250 CU.YD $ 20.00 $ 5,000.00 $ 37.00 $ 9,250.00 $ 235.91 $ 58,978.00 $ 38.00 $ 9,500.00 $ 38.75 $ 9,687.50 $ 150.00 $ 37,500.00 Top Soil 1250 CU.YD $ 13.10 $ 16,375.00 $ 30.00
$ 37,500.00 $ 2.00 $ 2,500.00 $ 25.00 $ 31,250.00 $ 29.00 $ 36,250.00 $ 100.00 $ 125,000.00 Fertilizer 1 LS $ 1,066.00 $ 1,066.00 $ 2,000.00 $ 2,000.00 $ 4,000.00 $ 4,000.00 $ 1,580.00
$ 1,580.00 $ 2,977.00 $ 2,977.00 $ 1,000.00 $ 1 ,000.00 Spray heads 2245 EA $ 16.00 $ 35,920.00 $ 19.00 $ 42,655.00 $ 40.00 $ 89,800.00 $ 12.00 $ 26,940.00 $ 10.55 $ 23,684.75 $ 2.00
$ 4 ,490.00 PGA Values 38 EA $ 267.00 $ 10,146.00 $ 300.00 $ 11,400.00 $ 400.00 $ 15,200.00 $ 300.00 $ 11,400.00 $ 175.00 $ 6,650.00 $ 50.00 $ 1 ,900.00 Wtr mtr &back 6 EA $ 450.00 $
2,700.00 $ 5,000.00 $ 30,000.00 $ 3,500.00 $ 21,000.00 $ 1,600.00 $ 9,600.00 $ 930.00 $ 5,580.00 $ 250.00 $ 1 ,500.00 Gate Values 42 EA $ 61.00 $ 2,562.00 $ 170.00 $ 7,140.00 $ 100.00
$ 4,200.00 $ 310.00 $ 13,020.00 $ 115.00 $ 4,830.00 $ 150.00 $ 6 ,300.00 Controller 6 EA $ 450.00 $ 2,700.00 $ 1,600.00 $ 9,600.00 $ 3,000.00 $ 18,000.00 $ 1,400.00 $ 8,400.00 $ 1,950.00
$ 11,700.00 $ 250.00 $ 1 ,500.00 3" Main 8300 LINEAR FT $ 4.30 $ 35,690.00 $ 6.50 $ 53,950.00 $ 5.00 $ 41,500.00 $ 10.50 $ 87,150.00 $ 2.80 $ 23,240.00 $ 1.00 $ 8 ,300.00 Lateral Line
33,200 LINEAR FT $ 1.10 $ 36,520.00 $ 3.50 $ 116,200.00 $ 1.50 $ 49,800.00 $ 4.00 $ 132,800.00 $ 0.85 $ 28,220.00 $ 1.00 $ 33,200.00 Sleeves 1350 LINEAR FT $ 11.00 $ 14,850.00 $ 22.00
$ 29,700.00 $ 25.00 $ 33,750.00 $ 43.50 $ 58,725.00 $ 31.00 $ 41,850.00 $ 2.00 $ 2 ,700.00 TOTAL BASE BID $ 370,844.00 $ 6 83,030.00 $ 724,386.76 $ 647,792.00 $ 368,674.25 $ 702,252.00
1 YR Maint. 1 LS $ 2 7,000.00 $ 27,000.00 $ 15,000.00 $ 15,000.00 $ 102,000.00 $ 102,000.00 $ 1 8,000.00 $ 18,000.00 $ 4 0,100.00 $ 40,100.00 $ 20,000.00 $ 20,000.00 6 MO Maint. 1 LS
$ 1 3,500.00 $ 13,500.00 $ 25,000.00 $ 25,000.00 $ 51,000.00 $ 51,000.00 $ 1 0,000.00 $ 10,000.00 $ 2 0,050.00 $ 20,050.00 $ 10,000.00 $ 10,000.00 Tabulation Sheet ‐ITB#08‐09‐022 Miami
Gardens Drive Beautification Project cont. Pg 2 Page 47 of 107
d 1024 EA $ $ 7 045 12 $ $ 5 928 96 $ 8 $ 8 448 00 $ $ 5 734 40 $ $ 5 120 00 $ $ 7 680 00 Dixie Landscape Co** ValleyCrest Landscape SFM Services Vila & Son Amaro Landscape*** Weekley
Asphalt Item Miami, FL Homestead, FL Miami FL Medley, FL Miami FL Pembroke Pines,FL Mobil/Demobil Est. QtyUOM Unit Cost Est. Total Unit Cost Est. Total Unit Cost Est. Total Unit Cost
Est. Total Unit Cost Est. Total Unit Cost Est. Total Ins & bonds 1 LS $ ‐$ ‐$ 650.36 $ 650.36 $ 4,000.00 $ 4,000.00 $ 1 8,000.00 $ 18,000.00 $ 2 6,798.00 $ 26,798.00 $ 2,000.00 $ 2 ,000.00
MOT 1 LS $ 9,921.48 $ 9,921.48 $ 910.50 $ 910.50 $ 20,000.00 $ 20,000.00 $ 4,300.00 $ 4,300.00 $ 1 0,509.00 $ 10,509.00 $ 8,500.00 $ 8 ,500.00 Clear & Grub 1 LS $ 4,500.00 $ 4,500.00
$ 7,654.23 $ 7,654.23 $ 8,000.00 $ 8,000.00 $ 2,457.00 $ 2,457.00 $ 1 8,000.00 $ 18,000.00 $ 12,000.00 $ 12,000.00 Prot Trees 1 LS $ 2 5,200.00 $ 25,200.00 $ 26,798.37 $ 26,798.37 $
25,000.00 $ 25,000.00 $ 3,000.00 $ 3,000.00 $ 1 5,000.00 $ 15,000.00 $ 44,193.00 $ 44,193.00 Remove Trees 155 EA $ 130.00 $ 20,150.00 $ 52.21 $ 8,092.55 $ 35.00 $ 5,425.00 $ 21.90 $
3,394.50 $ 12.00 $ 1,860.00 $ 55.00 $ 8 ,525.00 Mahogany Tree 58 EA $ 68.97 $ 4,000.26 $ 118.16 $ 6,853.28 $ 50.00 $ 2,900.00 $ 118.20 $ 6,855.60 $ 250.00 $ 14,500.00 $ 95.00 $ 5 ,510.00
Pimk Trumpet 94 EA $ 350.00 $ 32,900.00 $ 223.91 $ 21,047.54 $ 280.00 $ 26,320.00 $ 151.50 $ 14,241.00 $ 225.00 $ 21,150.00 $ 202.00 $ 18,988.00 Wild Tamarind 49 EA $ 280.00 $ 13,720.00
$ 217.41 $ 10,653.09 $ 240.00 $ 11,760.00 $ 139.70 $ 6,845.30 $ 195.00 $ 9,555.00 $ 216.00 $ 10,584.00 Royal Poinciana 2 EA $ 240.00 $ 480.00 $ 223.54 $ 447.08 $ 240.00 $ 480.00 $ 155.70
$ 311.40 $ 225.00 $ 450.00 $ 230.00 $ 460.00 Live Oak 18 EA $ 130.00 $ 2,340.00 $ 223.90 $ 4,030.20 $ 280.00 $ 5,040.00 $ 143.50 $ 2,583.00 $ 225.00 $ 4,050.00 $ 260.00 $ 4 ,680.00 Royal
Palm 5 EA $ 200.00 $ 1,000.00 $ 236.98 $ 1,184.90 $ 300.00 $ 1,500.00 $ 239.80 $ 1,199.00 $ 265.00 $ 1,325.00 $ 288.00 $ 1 ,440.00 Petite Ixora 61 EA $ 300.00 $ 18,300.00 $ 372.06 $
22,695.66 $ 300.00 $ 18,300.00 $ 241.40 $ 14,725.40 $ 595.00 $ 36,295.00 $ 504.00 $ 30,744.00 Aboricola Trinette 2183 EA $ 6.88 $ 15,019.04 $ 6.11 $ 13,338.13 $ 8.25 $ 18,009.75 $ 6.00
$ 13,098.00 $ 5.00 $ 10,915.00 $ 8.00 $ 17,464.00 Drawf Plumbago 4131 EA $ 6.88 $ 28,421.28 $ 6.44 $ 26,603.64 $ 8.25 $ 34,080.75 $ 2.60 $ 10,740.60 $ 5.00 $ 20,655.00 $ 7.50 $ 30,982.50
Wax Jasmine 1103 EA $ 3.66 $ 4,036.98 $ 6.11 $ 6,739.33 $ 8.25 $ 9,099.75 $ 5.60 $ 6,176.80 $ 5.00 $ 5,515.00 $ 7.50 $ 8 ,272.50 Sod 6.88 7,045.12 5.79 5,928.96 8.25 8,448.00 5.60 5,734.40
5.00 5,120.00 7.50 7,680.00 Brick Pavers 135,000 SQ.FT. $ 0.30 $ 40,500.00 $ 0.32 $ 43,200.00 $ 0.32 $ 43,200.00 $ 0.47 $ 63,450.00 $ 0.31 $ 41,850.00 $ 0.35 $ 47,250.00 Mulch 750 SQ.FT.
$ 6 .30 $ 4,725.00 $ 5.91 $ 4,432.50 $ 6.50 $ 4,875.00 $ 13.90 $ 10,425.00 $ 7.00 $ 5,250.00 $ 5.60 $ 4 ,200.00 Plant Soil 250 CU.YD $ 31.00 $ 7,750.00 $ 47.18 $ 11,795.00 $ 40.00 $
10,000.00 $ 52.40 $ 13,100.00 $ 40.00 $ 10,000.00 $ 41.00 $ 10,250.00 Top Soil 250 CU.YD $ 32.00 $ 8,000.00 $ 32.13 $ 8,032.50 $ 38.00 $ 9,500.00 $ 31.30 $ 7,825.00 $ 30.00 $ 7,500.00
$ 28.50 $ 7 ,125.00 Fertilizer 1250 CU.YD $ 26.00 $ 32,500.00 $ 32.26 $ 40,325.00 $ 28.00 $ 35,000.00 $ 18.00 $ 22,500.00 $ 20.00 $ 25,000.00 $ 1.00 $ 1 ,250.00 Spray heads 1 LS $ 2,070.00
$ 2,070.00 $ 634.62 $ 634.62 $ 2,500.00 $ 2,500.00 $ 2,100.00 $ 2,100.00 $ 1,300.00 $ 1,300.00 $ 950.00 $ 950.00 PGA Values 2245 EA $ 15.63 $ 35,089.35 $ 10.48 $ 23,527.60 $ 16.05 $
36,032.25 $ 12.04 $ 27,029.80 $ 40.00 $ 89,800.00 $ 22.75 $ 51,073.75 Wtr mtr &back 38 EA $ 223.68 $ 8,499.84 $ 127.12 $ 4,830.56 $ 267.50 $ 10,165.00 $ 359.40 $ 13,657.20 $ 535.00 $
20,330.00 $ 893.00 $ 33,934.00 Gate Values 6 EA $ 1,091.92 $ 6,551.52 $ 997.28 $ 5,983.68 $ 5,082.50 $ 30,495.00 $ 3,207.95 $ 19,247.70 $ 1,250.00 $ 7,500.00 $ 3,125.00 $ 18,750.00 Controller
42 EA $ 208.21 $ 8,744.82 $ 46.05 $ 1,934.10 $ 107.00 $ 4,494.00 $ 207.55 $ 8,717.10 $ 125.00 $ 5,250.00 $ 100.00 $ 4 ,200.00 3" Main 6 EA $ 1,120.44 $ 6,722.64 $ 1,491.23 $ 8,947.38
$ 2,033.00 $ 12,198.00 $ 1,842.23 $ 11,053.38 $ 425.00 $ 2,550.00 $ 1,250.00 $ 7 ,500.00 Lateral Line 8300 LINEAR FT $ 10.75 $ 89,225.00 $ 4.65 $ 38,595.00 $ 5.35 $ 44,405.00 $ 5.49
$ 45,567.00 $ 5.00 $ 41,500.00 $ 6.20 $ 51,460.00 Sleeves 33,200 LINEAR FT $ 1.05 $ 34,860.00 $ 1.18 $ 23.54 $ 2.41 $ 80,012.00 $ 1.47 $ 48,804.00 $ 1.25 $ 41,500.00 $ 2.60 $ 86,320.00
TOTAL BASE BID 1350 LINEAR FT $ 38.26 $ 51,651.00 $ 29.06 $ 39,231.00 $ 23.54 $ 31,779.00 $ 39.11 $ 52,798.50 $ 35.56 $ 48,006.00 $ 45.00 $ 60,750.00 1 YR Maint. $ 523,923.33 $ 3 95,120.30
$ 553,018.50 $ 459,936.68 $ 549,033.00 $ 597,035.75 6 MO Maint. 1 LS $ 1 8,112.50 $ 18,112.50 $ 37,154.36 $ 37,154.36 $ 46,000.00 $ 46,000.00 $ 2 2,000.00 $ 22,000.00 $ 6 6,000.00 $
66,000.00 $ 68,750.00 $ 68,750.00 1 LS $ 9,056.25 $ 9,056.25 $ 18,577.11 $ 18,577.11 $ 23,000.00 $ 23,000.00 $ 1 3,000.00 $ 13,000.00 $ 3 3,000.00 $ 33,000.00 $ 35,000.00 $ 35,000.00
Tabulation Sheet ‐ITB#08‐09‐022 Miami Gardens Drive Beautification Project cont. Pg 3 Arazoza Brothers Page 48 of 107
Paver $ $ Item Homestead, FL *Jerry's Custom Landscaping Inc. ‐did not submit on the Revised Bid Form ‐no prices submitted for Protection of Existing Trees Mobil/Demobil Est. QtyUOM
Unit Cost Est. Total ** Dixie Landscape Company did not submit questionnaire or references Ins & bonds 1 LS $ 2 2,000.00 $ 22,000.00 *** Amaro Landscape Assoc. did not submit the drug
free workplace form MOT 1 LS $ 7,500.00 $ 7,500.00 Clear & Grub 1 LS $ 2 0,000.00 $ 20,000.00 Prot Trees 1 LS $ 1 8,000.00 $ 18,000.00 Remove Trees 155 EA $ 10.00 $ 1,550.00 Mahogany
Tree 58 EA $ 100.00 $ 5,800.00 Pimk Trumpet 94 EA $ 180.00 $ 16,920.00 Wild Tamarind 49 EA $ 140.00 $ 6,860.00 Royal Poinciana 2 EA $ 160.00 $ 320.00 Live Oak 18 EA $ 180.00 $ 3,240.00
Royal Palm 5 EA $ 180.00 $ 900.00 Petite Ixora 61 EA $ 450.00 $ 27,450.00 Aboricola Trinette 2183 EA $ 6.00 $ 13,098.00 Drawf Plumbago 4131 EA $ 3.00 $ 12,393.00 Wax Jasmine 1103 EA
$ 5.50 $ 6,066.50 Sod 1024 EA $ 5.50 $ 5,632.00 Brick Pavers 135,000 SQ.FT. 0.26 35,100.00 Mulch 750 SQ.FT. $ 5 .50 $ 4,125.00 Plant Soil 250 CU.YD $ 30.00 $ 7,500.00 Top Soil 250 CU.YD
$ 25.00 $ 6,250.00 Fertilizer 1250 CU.YD $ 12.00 $ 15,000.00 Spray heads 1 LS $ 1,000.00 $ 1,000.00 PGA Values 2245 EA $ 14.82 $ 33,270.90 Wtr mtr &back 38 EA $ 207.20 $ 7,873.60 Gate
Values 6 EA $ 550.00 $ 3,300.00 Controller 42 EA $ 76.00 $ 3,192.00 3" Main 6 EA $ 1,366.25 $ 8,197.50 Lateral Line 8300 LINEAR FT $ 8.00 $ 66,400.00 Sleeves 33,200 LINEAR FT $ 1.10
$ 36,520.00 TOTAL BASE BID 1350 LINEAR FT $ 27.40 $ 36,990.00 1 YR Maint. $ 432,448.50 6 MO Maint. 1 LS $ 2 4,000.00 $ 24,000.00 1 LS $ 1 2,000.00 $ 12,000.00 Page 49 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: Marc h 11, 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:
General FundParks & Recreation Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: RFP #0809019 X Sponsor Name Dr. Danny
Crew, City Manager Department: Parks and Recreation 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 TWO-YEAR AGREEMENT WITH JEFF ELLIS MANAGEMENT, LLC FOR POOL MANAGEMENT SERVICES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT
A; AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF THREE HUNDRED NINE THOUSAND, SIX HUNDRED FORTY-TWO DOLLARS AND THRITY-EIGHT CENTS ($309,642.38); PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens Parks and Recreation Department currently has four swimming
pools, three seasonal and one year round. The Department offers swimming lessons and open swimming to the residents at each pool. Following a growing national trend, it has been increasingly
difficult over the years to secure qualified, experienced lifeguards and swimming instructors. This problem is further exasperated by the fact that three of the City’s pools are only
operated on a seasonal basis. Over the last two years the pools were managed by Aquatic Management, Inc. Continuing to contract for this service will allow a cost savings to the Department,
City and residents. Funding for this service is available in the Parks and Recreation Department budget. The cost of the first year’s contract is $309,642.38 versus the City’s cost for
operations at $375,000; hence a potential savings of $65,357.62. ITEM J-3) CONSENT AGENDA RESOLUTION Authorizing a Contract w/Jeff Ellis Management, LLC. Page 50 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The second year’s contract is estimated to be $336,826.61, which would still provide a potential savings to the
City. A request for proposal was prepared to retain a professional pool management company. A Request for Proposals bid document, 08-09-019, was prepared and advertised. The proposals
were opened on January 8, 2009. Three proposals were received. The advertised RFP for the term of this contract to last two years, with the first term slated to begin April 1, 2009.
The second year will be negotiated based on quantity of pools to be operated and approved budget amount. The committee is recommending contracting with Jeff Ellis Management LLC., located
in Ocoee, Florida to provide our pool management services. As part of their proposal Jeff Ellis Management LLC is prepared to provide: • Permanent Aquatics Manager and Supervisor to
oversee the operations during all open hours, • Employment opportunities to qualified locals, • National National safety standards set by the Jeff Ellis & Associates license, • Trend
tracking and monthly operational audits, and • Increase programming and marketing. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing
the City Manager to execute a two-year agreement with Jeff Ellis Management LLC; and authorizing the expenditure of $309,642.38 for the first year of pool management services. Attachment:
Attachment A ‐Contract Page 51 of 107
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
TWO-YEAR AGREEMENT WITH JEFF ELLIS MANAGEMENT, LLC FOR POOL MANAGEMENT SERVICES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; AUTHORIZING AN EXPENDITURE IN THE AMOUNT OF THREE HUNDRED
NINE THOUSAND, SIX HUNDRED FORTY-TWO DOLLARS AND THRITY-EIGHT CENTS ($309,642.38); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK 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 WHEREAS, over the last two years the City’s pools were managed by Aquatic Management, Inc., and WHEREAS, City staff has determined
that contracting for pool management services will allow a cost savings to the City, and WHEREAS, Request for Proposals bid document, 08-09-019, was prepared and advertised, three proposals
were received, and WHEREAS, City staff is recommending that the City execute a two-year year contract with Jeff Ellis Management LLC. to provide pool management services, and WHEREAS,
funding for this purpose is available in the Parks and Recreation budget,
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. 8365435.1 Page 52 of 107
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 48 49 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 two-year Agreement with Jeff Ellis Management, LLC, for Pool Management Services, a copy of which is
attached hereto as Exhibit A. 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 Jeff Ellis Management, LLC; 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 MARCH 11, 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: _____ 8365435.1 Page 53 of 107
8365435.1 50 Mayor Shirley Gibson (Yes) ___(No) 51 Vice Mayor Barbara Watson (Yes) ___(No) 52 Councilman Melvin L. Bratton (Yes) ___(No) 53 Councilman Aaron Campbell (Yes) ___(No) 54
Councilman Oliver Gilbert, III (Yes) ___(No) 55 Councilwoman Sharon Pritchett (Yes) ___(No) 56 Councilman André Williams (Yes) ___(No) 57 58 59 SKD/teh Page 54 of 107
AGREEMENT FOR SWIMMING POOL MANAGEMENT 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 Jeff Ellis Management LLC. authorized to do business in the State of Florida, (hereinafter referred to as “Contractor”) and jointly
referred to as the Parties. WITNESSETH: WHEREAS, on December 1, 2008, the City advertised Bid Document No. 08-09-018; and WHEREAS, Contractor submitted a Proposal dated January 8, 2009,
in response to the City’s request; and WHEREAS, at a meeting held on March 11, 2009, the City Council selected the Contractor and agreed to contract with Contractor to perform the services
described in the City's Request for Proposal (hereinafter referred to as "RFP") and Contractor’s Proposal submitted in response to the RFP, NOW THEREFORE, in consideration of the premises
and the mutual covenants herein named, the parties hereto agree as follows: Article 1 Incorporation by Reference. The following documents are hereby incorporated by reference and made
part of this Agreement. (i) Specifications and Proposal Documents prepared by the City for Swimming Pool Management and Maintenance Services RFP#08-09-019 (Exhibit 1). (ii) Proposal
for the City of Miami Gardens prepared by Contractor dated January 8, 2009. (Exhibit 2). All exhibits may also be collectively referred to as the “Documents”. In the event of any conflict
between the Documents or any ambiguity or missing specifications or instruction, the following priority is established: A. This Agreement B. Exhibit 1 C. Exhibit 2 Article 2 Scope of
Work Page 55 of 107
The scope of services shall consist of a complete City-wide swimming pool management services as outlined in the City’s RFP, Section 3 – Scope of Services through Section 6 – Requirements
of Contractor (hereinafter referred to as “Services”). Contractor shall perform the work under the general direction of the City and shall furnish all labor, materials, supplies, equipment,
supervision and services necessary for and incident to the performance of the work, except as otherwise noted in specifications. By signing this Agreement, Contractor represents that
it thoroughly reviewed the documents incorporated into this Agreement by reference and that it accepts the Work and the conditions under which the Work is to be performed. Article 3
Qualifications Contractor and the individual executing this Agreement on behalf of the Contractor warrant to the City that the Contractor is a Florida corporation duly constituted and
authorized to do business in the State of Florida, is in good standing and that Contractor 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. Contractor ensures that all lifeguards will hold a minimum qualification of an advance lifeguard certificate
from a nationally recognized certification program (such as Red Cross, Ellis or Starfish Aquatics). Contractor ensures that all lifeguards employed by Contractor in relation to this
Agreement are at least 18 years of age. Contractor shall, at its own expense, provide for criminal background checks, including sexual offender checks, of all lifeguards. Article 4 Compensation
Contractor shall provide all Services identified in RFP#08-09-018, Section 3.0, Scope of Services. For all Services provided by Contractor, the City shall pay Contractor $25,117.42,
per month for Contractor's Services. Contractor shall submit monthly invoices for Services to the Parks and Recreation Department (hereinafter referred to as "the Department"). City
shall remit payment for all undisputed amounts within thirty (30) days of receipt of an invoice. All invoices shall include a detailed explanation of all fees and charges. Contractor
shall make no charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless otherwise noted in the specifications. If the City disputes
any charges on the invoices, it may make payment of the contested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. Reimbursable
expenses shall be listed individually, with supporting documentation attached. Article 5 Term Page 56 of 107
This Agreement shall commence upon the execution by both parties and shall continue for two (2) years, unless terminated sooner as provided for in this Agreement. The Contractor understands
and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Contractor.
Parties agree and understand that this Agreement shall be renewable after the expiration of the initial two (2) year period based upon satisfactory performance and subject to the availability
of funds for succeeding fiscal years with terms and conditions to be agreed upon by City and Contractor. Article 6 Indemnification Contractor shall indemnify and hold harmless the City
and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers,
employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting
from the performance of this Agreement by the Contractor or its employees, agents, servants, partners, principals or subcontractors. Contractor shall pay all claims and losses in connection
therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay
all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided
by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.
One percent (1%) of the contract amount shall represent the consideration to be provided for this indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity.
Article 7 Insurance Contractor shall provide and maintain general liability insurance coverage, for personal injury and property damage in the minimum amount of Two Million ($2,000,000.00)
Dollars, per incident, for personal injury, and Five Hundred Thousand ($500,000.00) Dollars, per incident, for property damage. Contractor shall also be required to provide and maintain,
during the life of the Agreement, comprehensive automobile liability insurance coverage for bodily injury and property damage in the minimum amount of $500,000.00 or each occurrence
and $500,000.00 combined single limit. Such liability policy of insurance shall designate the City as an additional insured and Contractor shall deliver a fully effective certificate
to that effect, evidencing no less than thirty (30) day cancellation power. Page 57 of 107
Contractor shall also provide City with proof that Contractor has workers’ compensation insurance in an amount, which satisfies the requirements of Florida Law, for any employee of the
Contractor. Contractor shall not commence work pursuant to this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the
City. Article 8 Termination The City may, for its convenience and without cause, terminate this Agreement by giving Contractor written notice at least thirty (30) days prior to the effective
date of the termination. Upon written notice of the City's desire to terminate this Agreement, Contractor shall provide only those services and incur only those expenses specifically
approved or directed in writing by the City Manager or his designee. The City may terminate this Agreement for cause immediately, and without prior notice to Contractor. Should the City
terminate this Agreement for cause, the City shall provide notice as soon as possible to Contractor. Contractor may terminate this Agreement by giving the City written notice at least
thirty (30) days prior to the effective date of termination. In the event of termination or expiration of this Agreement, Contractor and City shall cooperate in good faith in order to
effectuate a smooth and harmonious transition from Contractor 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. Contractor 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 Contractor
for the services provided through the date of termination. Article 9 Ownership All aquatic programs, advertising/marketing plans and materials, fee structures, etc. originated or prepared
by Contractor pursuant to this Agreement including papers, charts, computer programs, and other documentation or improvements thereto shall be owned by the City. Article 10 Modification/Amendment
Page 58 of 107
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 11 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 12 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 13 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 Contractor of the same, or any other provision or the enforcement thereof. The City’s consent to or approval of any act by Contractor 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 Contractor, whether or not similar to
the act so consented to or approved. Article 14 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: Page 59 of 107
City: Contractor: Danny Crew, City Manager Jeff Ellis Management LLC City of Miami Gardens 508 Goldenmoss Loop 1515 NW 167th Street #200 Ocoee, FL 34761 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 15 Independent Contractor Contractor is and
shall remain an independent contractor and is not an employee or agent of the City. Services provided by Contractor shall be by employees of Contractor 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. Contractor 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 Contractor. The rights granted
to Contractor hereunder are nonexclusive, and the City reserves the right to enter into agreements with other persons or firms to perform services including those hereunder. Article
16 Assignment Subject to the provisions above, this Agreement shall not be assignable by Contractor. Article 17 Prohibition Against Contingent Fees Contractor warrants that it has no
employees or retained any Contractor or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed
to pay any person(s), Contractor, corporation, individual or firm, other than a bond fide employee working solely for Contractor, any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this Agreement. Article 18 Attorneys' Fees Page 60 of 107
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 19 Non-Discrimination Contractor 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.
Contractor 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. Contractor will take affirmative action to insure that all employment practices are free from such discrimination.
Article 20 Conflict of Interest Contractor agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, which is incorporated
by reference herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Article 21 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 22 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 23 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
24 Captions and Paragraph Headings Page 61 of 107
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 25 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 26 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 27 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 28 Retention of
Records Contractor shall keep its books, records and accounts as may be necessary in order to record complete and correct entries related to this Agreement. Contractor shall allow access
to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by Contractor in conjunction with this Agreement. Contractor's
failure to grant such access shall be grounds for immediate termination of this Agreement by the City. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 62 of 107
IN WITNESS WHEREOF, this Agreement is effective as of the date first written above. Consultant: ___________________________ CITY OF MIAMI GARDENS By:_________________________________
By:_________________________________ Name:_______________________________ City Manager Title:________________________________ WITNESS: ATTEST: ____________________________________ ___________________
________________ Corporate Secretary City Clerk APPROVED AS TO FORM: Seal: ____________________________________ City Attorney Page 63 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 11, 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:
Media & Events Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X NA Sponsor Name City Manager Danny Crew, City Manager Department: Community
Outreach Media and Events Division 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 WITH NORTH STAR DESTINATION STRATEGIES, INC., FOR THE PROVISION OF BRANDING SERVICES, 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. Staff Summary: The City seeks to enter into an agreement with the North
Star Destination Strategies, Inc. to provide the City with branding services also known as a community brandprint™. The City of Miami Gardens is prepared to forge a positive image for
itself, defining it as a unique community, an economically viable city and an energetic society where people seek to live, visit and do business. As a forward thinking City, a community
branding effort will allow the City to market itself and have the ability to identify and measure its economic strengths, value and worth. The result will translate into marketing opportunities
where the City can position itself to request sponsorships, grants, endowments, ITEM J-4) RESOLUTION CONSENT AGENDA Authorizing an Agreement w/North Star Destination Strategies, Inc.
Page 64 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 donations and funding from other sources. This will place the City in a favorable position prior to and during Super
Bowl 2010. A brand is a mixture of attributes‐tangible and intangible‐that create value and influence. Embarking on this campaign will change, refine and improve what people are saying
about Miami Gardens. North Star Destination Strategies, Inc. offers the most integrated community branding package, which includes an integrated mix of research, analysis, strategy,
creative process and evaluation. The fee for this service is $84,000. Every phase of this project is inclusive of our elected officials, staff, residents, community stakeholders, business
owners and visitors and neighbors residing outside the City’s limits. Areas of focus include community demographics, psychographics, economics, perceptions and community visioning. In
accordance with the City of Miami Gardens Purchase Ordinance, 2005‐10‐48, this community branding service is exempt from competitive bidding because it is artistic in nature. North Star
Destination Strategies, Inc. was selected based on references from various cities’ throughout the state of Florida and other city’s nationally who previously worked with the company
or who currently hold contracts with North Star. These cities include: North Port, FL; Lauderdale Lakes, FL; Gainesville, FL; Columbus, GA; Augusta, GA; Lancaster, CA; and McKinney,
TX to name a few. This branding initiative is also an integral piece to the proposed five‐year strategic plan. Proposed Action: It is recommended that the City Council adopt the attached
resolution authorizing the City Manager to execute an agreement with North Star Destination Strategies, Inc. to provide branding services in the amount of $84,000. Attachment: Attachment
A – Agreement Page 65 of 107
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
AGREEMENT WITH NORTH STAR DESTINATION STRATEGIES, INC., FOR THE PROVISION OF BRANDING SERVICES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, the City Council deems it important that the City
be able to effectively market itself, so that it can attract new business and residents, and WHEREAS, an important component of marketing is branding, and WHEREAS, it is especially important
with the upcoming Super Bowl in 2010, that the City highlight all of its positive attributes, and WHEREAS, City staff has determined that North Star Destination Strategies, Inc. (“North
Star”) offers the most integrated community branding package, which includes an integrated mix of research, analysis, strategy, creative process and evaluation, and is recommending that
the City Council authorize an Agreement with North Star for this purpose, and WHEREAS, since the service to be provided by North Star is artistic in nature, this purchase is exempt from
competitive bidding, in accordance with the City’s Purchasing Ordinance, and WHEREAS, funding for this purpose is available from the Media and Events operating budget, NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 8365250.1 Page 66 of 107
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 48 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 Agreement with North Star for branding services, a copy of which is attached hereto as Exhibit A. 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 North Star; 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 MARCH 11, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST:
_________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney 8365250.1 Page 67 of 107
8365250.1 49 50 51 52 53 54 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 55 Mayor Shirley Gibson (Yes) ___(No) 56 Vice Mayor Barbara Watson (Yes)
___(No) 57 Councilman Melvin L. Bratton (Yes) ___(No) 58 Councilman Aaron Campbell (Yes) ___(No) 59 Councilman Oliver Gilbert, III (Yes) ___(No) 60 Councilwoman Sharon Pritchett (Yes)
___(No) 61 62 63 64 Councilman André Williams (Yes) ___(No) SKD/yt 8365250.1 Page 68 of 107
NORTH STAR Branding Page 1 of 15 AGREEMENT FOR 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 NORTH STAR authorized to do business in the State of Florida, (hereinafter referred to as “Consultant”) and jointly referred
to as the Parties. WITNESSETH: WHEREAS, the City requested a proposal from the NORTH STAR and WHEREAS, NORTH STAR submitted a Proposal dated ______________ ; and WHEREAS, at a meeting
held on______________, the City Council selected the NORTH STAR agreed to contract with NORTH STAR to perform the services described in the NORTH STAR’s Proposal (“Services”). NOW THEREFORE,
in consideration of the premises and the mutual covenants herein named, the parties hereto agree as follows: Article 1 Incorporation by Reference. The following documents are hereby
incorporated by reference and made part of this Agreement. (i) Proposal for the City of Miami Gardens prepared by NORTH STAR dated ________________. (Exhibit 1). All exhibits may also
be collectively referred to as the “Documents”. In the event of any conflict between the Documents or any ambiguity or missing specifications or instruction, the following priority is
established: A. This Agreement B. Exhibit 1 NORTH STAR Services a. North Star agrees to diligently and timely perform professional services for the City relating to providing services
for a branding campaign
for the City of Miami Gardens. NORTH STAR will provide a Community BrandPrint™ (hereinafter Document) for the Page 69 of 107
NORTH STAR Branding Page 2 of 15 City of Miami Gardens. The overall scope of services is described in Exhibit 1, which is attached to and incorporated herein. b. This Agreement shall
commence immediately upon the execution of the Agreement by both the CITY and NORTH STAR and shall continue through the completion of the branding campaign for a maximum of four hundred
seventy-six (476) hours. This Agreement shall terminate upon completion but in any event the Agreement shall terminate on __________, 20____. Article 2 Scope of Work Attached as Exhibit
1 Article 3 Qualifications NORTH STAR and the individual executing this Agreement on behalf of the NORTH STAR warrant to the CITY that the NORTH STAR is a Florida corporation duly constituted
and authorized to do business in the State of Florida, is in good standing as recognized by the State of Florida and that NORTH STAR possesses all of the required licenses and certificates
of competency required by the State of Florida and the County of Miami-Dade to perform perform the work herein described. Article 4 Compensation For all Services provided by NORTH STAR,
the CITY shall pay NORTH STAR _$84,000_. A fee of $84,000 will be paid to NORTH STAR for third party research expenditures and for time involved in the production of a Community BrandPrint™
which is not to exceed four hundred seventy-six (476) hours. NORTH STAR will not exceed the maximum number of hours for the branding campaign. c. Any additional requests of NORTH STAR
beyond the agreed upon Document and designated hours will be billed at the rate of $150.00 per hour. Should additional work be requested, for work beyond the scope of this Agreement,
NORTH STAR will receive written approval of the additional related costs prior to initiating work. d. Outside costs such as travel and shipping shall be billed at a net rate (out-of-pocket
cost) to the client. Mileage shall be billed at the rate of 50.5 cents per mile. The CITY agrees to provide NORTH STAR with reimbursement for travel expenses (to be preapproved by City
of Miami Gardens staff) in an amount not to exceed $5,000.00 from date of execution. All other office expenses (i.e. faxes, telephone, and postage) shall be inclusive of the compensation
fee. Data entry costs/expenses shall also be inclusive of the compensation fee. Page 70 of 107
NORTH STAR Branding Page 3 of 15 Method of Payment Upon execution of the agreement, the CITY will pay NORTH STAR $21,000 or Twentyfive percent (25%) installment of the total contract
price. Upon completion of the Understanding & Insights Presentation, as specified in the Scope of Work, the Client will pay North Star $21,000. The balance of the fee, $42,000, is to
be paid in equal monthly payments over the next three months following the Understanding & Insights Presentation. ($14,000 each). All invoices for services shall be submitted not more
than once per month and upon completion and acceptance of each phase and in sufficient detail to demonstrate compliance with the terms of this Agreement, and shall include a detailed
explanation of all fees and charges. The CITY shall remit payment within thirty (30) days after submittal of an invoice. A service charge of 1% (% per annum) will be charged on all sums
not paid within a 30-day period after date of billing. The Client agrees to pay all costs of collection collection and a reasonable attorney's fee incurred in the collection of past
due accounts. The CITY’s performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Council. NORTH STAR shall make
no charges to the CITY for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by NORTH STAR with prior written
approval of the CITY. If the CITY disputes any charges on the invoices, it may make payment of the contested amounts and withhold payment on the contested amounts until they are resolved
by agreement with Consultant. Reimbursable expenses shall be listed individually, with supporting documentation attached. Article 5 Responsibility of NORTH STAR a. NORTH STAR shall be
responsible for the professional quality, technical accuracy and coordination of all reports, designs, specifications, other documents and data used or produced by or at the behest of
NORTH STAR under this Agreement. NORTH STAR shall without additional compensation correct or revise any errors or deficiencies in its reports, designs, specification, other documents
and data. Page 71 of 107
NORTH STAR Branding Page 4 of 15 b. NORTH STAR warrants that it has not employed or retained any company or person “ other than a bona fide employee working solely for NORTH STAR” to
solicit or secure this Agreement and that it has not paid or agree to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for NORTH
STAR. Any fee commission percentage gift or any other consideration contingent upon or resulting from the award from this Agreement. c. NORTH STAR shall perform its services in accordance
with generally accepted industry standards and practices customarily utilize by competent consultant firms in effect at the time NORTH STAR services are rendered. NORTH STAR covenants
and agrees that it and its employees shall be bound by the Standards of Conduct of the Florida Statutes Chapter 112.313 as it relates to work performs under this Agreement. NORTH STAR
agrees to incorporate the provisions of this paragraph in any subcontract into which might enter with reference to the work performed. d. NORTH STAR shall comply with all federal state
and local laws, regulations, and ordinances applicable to the work or payment for work thereof and shall not discriminate on the grounds of race, color, religion, sex, or national origin
in the performance of work under this Agreement. e. NORTH STAR shall maintain books, records, documents and other evidence directly pertaining to or connected with the services under
this Agreement which shall be available and accessible at NORTH STAR’s offices for the purposes of inspection, audit and copying during normal business hours by the CITY or any of its
authorized representatives. Such records shall be returned for a minimum of three (3) years after completion for the services. f. To ensure that the recommended strapline (tagline) is
available for use and capable of being trademarked, NORTH STAR will conduct a trademark search via their web site www.uspto.gov/main/trademarks.htm. NORTH STAR will provide any and all
potential conflicts identified. The pursuit of an official legally binding trademark is the responsibility of the CITY. NORTH STAR can, and will, provide assistance in the filing of
documentation in the pursuit of obtaining a trademark for an additional fee. g. In conducting business and in anticipation of conducting business with NORTH STAR, it may be necessary
for the CITY to share trade secrets and/or other confidential and/or proprietary information or the matter with NORTH STAR. The parties agree that such information and the materials
referenced in the Agreement, the results and the developments there from are confidential and/or proprietary information belonging to the CITY. Page 72 of 107
NORTH STAR Branding Page 5 of 15 NORTH STAR agrees not to disclose to any third party any such trade secrets and/or confidential or proprietary information for its own or third party’s
separate benefit. NORTH STAR will be responsible for its employees or agents complying with the provisions of this Agreement. Similarly, the CITY agrees that the Community BrandPrint™
created is intended solely for the use and benefit of the City of Miami Gardens. Article 6 Indemnification NORTH STAR shall defend, indemnify, and hold the CITY, it agents, officers,
and employees harmless from and against any and all 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 NORTH STAR third parties made
pursuant to this Agreement. NORTH STAR shall reimburse the CITY for all of its expenses including reasonable attorney fees and costs, up through any appeal. The CITY retains the right
to select counsel of it's choosing. Nothing contained herein shall be deemed a waiver of sovereign immunity by the CITY. Article 7 Insurance NORTH STAR provide and maintain general liability
insurance coverage, for personal injury and property damage in the minimum amount of One Million ($1,000,000.00) Dollars, per incident, for personal injury, and Five Hundred Thousand
($500,000.00) Dollars, per incident, for property damage. NORTH STAR shall provide and maintain professional liability (errors and omissions) insurance coverage 1) $500,000 per occurrence,
$1,000,000 aggregate or dedicated project limits with a deductible (if applicable) not to exceed $25,000.00 per claim (audited financial statements required). The certificate of insurance
shall reference any applicable deductible. 2) Claims made policy must have an extended period of two years or occurrence based policy. 3) Deductible program or Self Retention Program
an Irrevocable Letter of Credit or performance Bond for amount of SRI is required. NORTH STAR shall also be required to provide and maintain, during the life of the Agreement, comprehensive
automobile liability insurance coverage for bodily injury and property damage in the minimum amount of $500,000.00 or each occurrence and $500,000.00 combined single limit. Page 73 of
107
NORTH STAR Branding Page 6 of 15 All policies of insurance shall designate the CITY as an additional insured and NORTH STAR shall deliver a fully effective certificate to that effect,
evidencing no less than thirty (30) day cancellation power. NORTH STAR shall also provide CITY with proof that NORTH STAR has workers’ compensation insurance in an amount, which satisfies
the requirements of Florida Law, for any employee of the Consultant. NORTH STAR shall not commence work pursuant to this Agreement until all insurance required as stated herein has been
obtained and such insurance has been approved by the CITY. Article 8 Timely Performance of North Star Personnel The timely performance and completion of the required services is vitally
important to the interested of the CITY. NORTH STAR shall assign a Project Manager together with such other personnel as are necessary to assure faithful prosecution and timely delivery
of services pursuant to the requirements of this Agreement. The personnel assigned by NORTH STAR to perform the services of this Agreement shall comply with the conformation presented
in exhibit A. NORTH STAR shall insure that all key personnel support personal and other agents are fully qualified and capable of performing their assigned tasks. Any change or substitution
to NORTH STAR’s key personnel must receive the CITY’S administrative agent’s written approval before said changes or substitutions can become effective. a. The services to be rendered
by NORTH STAR shall commence immediately upon execution of Agreement. b. NORTH STAR specifically agrees that all work performed under the terms and conditions of this agreement shall
be completed within the time limits as set forth subject only to delays caused through no fault of NORTH STAR or the CITY. Time is of essence in the performance of this Agreement. c.
NORTH STAR agrees to provide to the CITY’s Administrative Agent monthly written progress reports concerning the status of the Project. NORTH STAR shall report monthly the number of hours
worked. The CITYs Administrative Agent may determine the format for this progress report. The City shall be entitled at all times to be advised at its request and in writing as to the
status of work to be performed by NORTH STAR. d. In the event unreasonable delays occur on the part of the CITY or regulatory agencies as to the approval of any plans, permits, reports,
or other documents submitted by NORTH STAR which delay the scheduled completion date, the CITY shall not unreasonably withhold the granting of an extension of the scheduled time limitation
equal to the aforementioned delay. Page 74 of 107
NORTH STAR Branding Page 7 of 15 Article 9. Obligation of City a. The CITY’s Administrative Agent is designated to serve as project coordinator and to do all things necessary to properly
administer the terms and conditions of this Agreement. If necessary, a specific program manager will be authorized to perform the responsibilities of the CITYs Administrative Agent.
The responsibility of the CITYs Administrative Agent shall include: i. Examination of all reports, sketches, drawings, estimates, proposals and other documents presented by NORTH STAR
and rendering in writing decisions pertaining thereto within a reasonable time. ii. Transmission of the instructions, receipt of information, interpretation and definition of CITY policies
and decisions with respect to design materials and other matters pertinent to the work covered by this Agreement. iii. Review for approval or rejection all of NORTH STAR’s documents
and payment request. b. The City shall upon request furnish NORTH STAR with all existing data plans, studies and other information in the CITY’s possession which may be useful in connection
with the work of this Project all of which shall be and remain the property of the CITY and shall be returned to the CITY’s Administrative Agent upon completion of the services to be
performed by NORTH STAR. c. The CITY’s Administrative Agent shall conduct periodic reviews of the work of NORTH STAR necessary for the completion of NORTH STAR’s services during the
period of this Agreement. And may make other CITY personnel available where required and necessary to assist NORTH STAR. The availability and necessity of said personal to assist NORTH
STAR shall be determined solely within the discretion of the CITY. THE CITY’s technical obligations to this project if any are stated in specific authorizations and work authorizations.
The CITY shall not provide any services to NORTH STAR in connection with any claim brought on behalf of or against NORTH STAR. Page 75 of 107
NORTH STAR Branding Page 8 of 15 Article 10 Termination The CITY may, for its convenience and without cause, terminate this Agreement by giving NORTH STAR written notice at least thirty
(30) days prior to the effective date of the termination. Upon written notice of the termination, NORTH STAR shall provide only those services and incur only those expenses specifically
approved or directed in writing by the City Manager. The CITY may, terminate this Agreement for cause immediately, and shall provide notice as soon as possible to Consultant. NORTH STAR
may terminate this Agreement by giving the CITY at least thirty (30) days prior to the effective date of termination. In the event of termination or expiration of this Agreement, NORTH
STAR and CITY shall cooperate in good faith in order to effectuate a smooth and harmonious transition from NORTH STAR 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. NORTH STAR 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 NORTH STAR for the services provided through the date of termination. Article11 Ownership a. It is understood and agreed that the documents or
reproducible copies including but not limited to reports, designs specifications and data developed by NORTH STAR in connection with services shall be delivered to and shall become the
property of the CITY as they are received by the CITY and when NORTH STAR has been fully compensated as set forth herein. NORTH STAR may keep copies of all work products for its records.
NORTH STAR hereby assigns all its copyright and other proprietary interests in the products of this Agreement to the CITY. Specific Written authority is required from the CITY‘s administrative
Agent for NORTH STAR to use any of the work products of this agreement on any non-City project. b. Upon termination of this Agreement, NORTH STAR shall transfer, assign and make available
to the Client, or its representatives, all property and materials in its possession or control belonging to the Client and paid for by the Client. In the event that the material, which
is the subject of this Agreement, is copyrightable subject matter, NORTH STAR and Client agree that for the purposes of this order Page 76 of 107
NORTH STAR Branding Page 9 of 15 the material shall be a work made for hire and the property of the Client. In the event that the material which is the subject of this Agreement is not
copyrightable subject matter, or for any reason is determined not to be a work made for hire, then and in such event NORTH STAR hereby assigns all right, title and interest to said material
to Client for the fees specified herein. c. Stock photography used for the demonstration of creative concepts is not to be reproduced or published in any way without first negotiating
usage rights with the appropriate stock image provider. Notwithstanding the above any reuse of the work products by the CITY on other projects will be at the risk of the CITY. Article
12 Modification/Amendment This writing and exhibits contains the entire Agreement of the parties. No representations were made or relied upon by either party, other than those that are
expressly set forth herein. No agent, employee, or other representative of either party is empowered to modify and amend the terms of this Agreement, unless executed in writing with
the same formality as this Document. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such
waiver. Article 13 Severability If any term or provision of this Agreement shall to any extent be held invalid, or illegal by a court of competent jurisdiction, the remainder of this
Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. Article 14 Governing Law
This Agreement shall be construed in accordance with and governing by the laws of the State of Florida. Exclusive venue for any litigation shall be in Miami-Dade County, Florida. Article
15 Waiver The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this
Agreement shall not be construes as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. Page 77 of 107
NORTH STAR Branding Page 10 of 15 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
NORTH STAR of the same, or any other provision or the enforcement thereof. The CITY’s consent to or approval of any act by NORTH STAR requiring the CITY’s consent or approval shall not
be deemed to render unnecessary the obtaining of the CITY’s consent to or approval of any subsequent consent or approval of Consultant, whether or not similar to the act so consented
to or approved. Article 16 Notices/Authorized Representatives Any notices required or permitted by this Agreement shall be in writing and shall be deemed to have been properly given
if transmitted by hand-delivery, by registered mail with postage prepaid return receipt delivery, by registered or certified mail with postage prepaid return receipt requested, or by
Federal Express addressed to the parties at the following address: CITY: North Star Agent Danny Crew, City Manager Don McEachern City of Miami Gardens CEO 1515 NW 167th Street #200 220
Disspayne Drive Miami Gardens, FL 33169 Nashville, TN 37214 Tel: 305-622-8000 Tel: 615-341-8781 ext 26 Fax: 305-622-8001 Fax: 615-523-1146 Either party shall have the right to change
its address for notice purposes by sending written notice of such change of address to the other party in accordance with the provisions herein. Article 17 Independent Contractor NORTH
STAR is and shall remain an independent contractor and is not an employee or agent of the CITY. Services provided by NORTH STAR shall be by employees of NORTH STAR 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. NORTH STAR 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. The rights granted
to NORTH STAR STAR hereunder are nonexclusive, and the CITY reserves the right to enter into agreements with other persons or firms to perform services including those hereunder. Article
18 Assignment Page 78 of 107
NORTH STAR Branding Page 11 of 15 Subject to the provisions above, this Agreement shall not be assignable by Consultant. Article 19 Prohibition Against Contingent Fees NORTH STAR warrants
that it has no employees or retained any NORTH STAR or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any person(s), Consultant, corporation, individual or firm, other than a bond fide employee working solely for Consultant, any fee, commission, percentage, gift,
or any other consideration, contingent upon or resulting from the award or making of this Agreement. Article 20 Attorneys Fees Should any dispute arise hereunder, the CITY shall be entitled
to recover against the NORTH STAR all costs, expenses and attorney’s fees incurred by the CITY in such dispute, whether or not suit be brought, and such right shall include all of such
costs, expenses and attorney’s fees through all appeals or other actions. Article 21 Non-Discrimination NORTH STARNORTH STAR 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. NORTH STARNORTH STAR 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. NORTH STARNORTH STAR will take affirmative action to insure that all employment practices are free from such discrimination. Article 22 Conflict
of Interest NORTH STARNORTH STAR agrees to adhere to and be governed by the Miami-Dade County Conflict of Interest Ordinance Section 2-11.11, as amended, which is incorporated by reference
herein as if fully set forth herein, in connection with the Agreement conditions hereunder. Page 79 of 107
NORTH STAR Branding Page 12 of 15 Article 23 Binding Effect All of the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their
respective assigns, successors, legal representatives, heirs and beneficiaries, as applicable. Article 24 Construction This Agreement and the terms hereof shall be construed in accordance
with the laws of the State of Florida and venue for all actions in a court of competent jurisdiction shall lie in Miami-Dade County, Florida. Article 25 Entire Agreement No statements,
representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the parties or
be binding upon any of them. The parties acknowledge that this Agreement contains the entire understanding and agreement of the parties. No modifications hereof shall be effective unless
made in writing and executed by the parties hereto with the same formalities as this Agreement Agreement is executed. Article 26 Captions and Paragraph Headings Captions and paragraph
headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of
any provisions hereof. Article 27 Joint Preparation The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter
of judicial construction, be construed more severely against one of the parties that the other. It is the parties’ further intention that this Agreement be construed liberally to achieve
its intent. Article 28 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the
same agreement. Article 29 Exhibits are Inclusionary All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference.
Typewritten or handwritten Page 80 of 107
NORTH STAR Branding Page 13 of 15 provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. IN WITNESS WHEREOF the undersigned parties
have executed this Agreement on the date indicated above. Remainder of Page left blank Page 81 of 107
NORTH STAR Branding Page 14 of 15 IN WITNESS WHEREOF, this Agreement is effective as of the date first written above. North Star: ___________________________ CITY OF MIAMI GARDENS By:________________
_________________ By:_________________________________ City Manager Name:_______________________________ Title:________________________________ WITNESS: ATTEST: ____________________________________
___________________________________ Corporate Secretary City Clerk APPROVED AS TO FORM: ____________________________________ City Attorney Page 82 of 107
NORTH STAR Branding Page 15 of 15 Page 83 of 107
Threshold Events Getting Started Package – documents and discussions to begin the BrandPrint program via the telephone. Dates are set for the in-market trip and the BrandPrint process
is reviewed. In-Market Trip – North Star will send three people for four days to Miami Gardens for an intensive period of research. In-Market Debriefing – The in-market team report and
presentation back to the North Star team. Strategy Development Session – Group meeting to discuss research and resulting insights for the development of the brand platform. Understanding
and Insights Presentation – North Star will send one person to conduct a live presentation of the research findings and recommended BrandPrint strategy. Creative Development – A series
of presentations and discussions via the web and telephone to develop the creative product. Brand Action Idea Development – Once the creative direction is determined recommended initiatives
are developed to further the brand in the following categories: Investment recruitment Tourism Policy Exports People Culture Final Report – Final document containing research findings,
strategic development and creative deliverables. Please see attached pdf of Final Report from Cloverdale, California for an example of this final deliverable. Exhibit 1Page 84 of 107
BrandPrint Process 1. Understanding Where the Brand Has Been and Why This stage addresses the current brand positioning of the community, how the brand is perceived by stakeholders,
residents, businesses and prospective consumers. We evaluate the environment, the competitive situation, community attitudes, current communications, and perceptions of target audiences
and their influencers. COMMUNITY Situation Analysis: Survey document prepared for Brand Drivers to fill out to help understand your primary objectives, general history, political landscape,
resources, competitors, etc. Follow up meeting to review analysis. 10 hours Research and Planning Audit: Comprehensive review of research and planning documents (last 24 months). 14
hours Communication and Media Audit: Comprehensive review of existing marketing materials and media plans. 12 hours Familiarization Tour: In-market tour from the perspective of a new
home owner, new business or visitor of area attractions, commercial/industrial sites, business
parks, housing developments, etc. 15 hours Key Stakeholder Interviews: One-on-one in-person and telephone interviews with key stakeholders to gather perceptions. Approximately 24 in
person interviews and 25-50 telephone interviews are conducted. 26 hours Stakeholder Focus Group: Two in-depth group discussion with key stakeholder groups. 15 hours Vision Survey: An
open-ended questionnaire which the client is asked to distribute to approximately 400 community leaders of Miami Gardens. 15 hours Online Community Survey: A quantitative version of
the Vision Survey posted online and distributed for community-wide participation. 12 hours Brand Barometer: A report measuring the strength of Miami Gardens’ reputation relative to the
rest of the United States as a place to live, work and play. 8 hours Undercover Interviews: Informal discussions with residents, business owners and local merchants while in Miami Gardens.
16 hours Geo-demography Resident Profile: A detailed market segmentation report created with ESRI’s Arcview, Tapestry and Business Analyst software -including U.S. Census Bureau data
and consumer buying behavior data from Mediamark Research Information (MRI) 20 hours plus third party research costs of $3,600 Who Report: Resident socio-economic classifications What
Report: Profile of resident lifestyle habits such as media usage, travel behavior, household buying preferences, recreational interests, civic involvement, dining choices, retail preferences,
lodging tendencies Page 85 of 107
Consumers Geo-demography Consumer Profile: Detailed report describing the City of Miami Gardens’s target consumers (merchant customers, new home buyers, visitors, etc.) 18 hours plus
third party research costs of $1,800 Who Report: Consumer demographic and socio-economic classifications. This report also compares your consumers to the profiles of your community.
For example, are your residents like or unlike your consumers? What Report: Profile of consumer lifestyle and media habits such as media usage, household buying preferences, recreational
interests, civic involvement, dining choices, retail preferences, lodging tendencies, travel behavior and more Where Report: Grid showing relative comparisons of feeder markets based
on the highest concentration of core consumers NOTE: Please see tapestry report on C.D. arriving under separate cover via regular mail Inquiry Mapping: Mapping study using origin information
from existing databases. 10 hours Qualitative Perception Study: Approximately 30 telephone interviews to gather insights from the following consumers: 28 hours Economic Development
Prospects/Site Selectors/Relocation Executives Realtors/Developers Regional and State-Level Economic Development and Tourism Executives Quantitative Consumer Awareness and Perception
(CAP) Study: 200 completed phone surveys conducted using a random sampling of consumers, specifically, the survey measures: 28 hours plus call center fees of $4,750 Overall awareness
and perceptions of Miami Gardens Overall awareness and perceptions of the competition Attitudes regarding Miami Gardens’ strengths and weaknesses What consumers would add or
take away Measurements of Miami Gardens’ delivery of quality of life indicators COMPETITION Competitive Positioning Review: A brand message assessment to evaluate Miami Gardens’ position
relative to the competition 12 hours Competitive Opportunity Analysis: An in-depth analysis of Miami Gardens’ top five economic development competitors, uncovering strengths and weaknesses
in the current business landscape according to national standard industry classifications. 10 hours Page 86 of 107
2. Insights Where the Brand Should Be The goals for The City of Miami Gardens may involve a number of elements: cohesive community identity and consistent marketing efforts, business
and resident recruitment/retention or gross receipts. Branding influences these goals by influencing expectations and affecting attitudes, thus affecting behavior and usage. The most
successful brands establish an emotional – not simply an intellectual – connection. Our insights come from asking a number of thoughtprovoking questions. What emotional attachments can
the brand hold? How does the brand fit into his or her lifestyle? It is from these insights that we determine the overall positioning of the brand. Situation Brief: review of all research
findings 22 hours Blue Sky Meeting: internal session for developing insights 34 hours “Understanding and Insights” presentation: review of all relevant research and recommended strategic
direction 22 hours Insights that affect the development of your brand identity Brand Essence (reason for being) Brand Truths (the undeniable truths about who you are) Brand Promise (what
can you provide better than anyone) Brand Benefits (the emotional and rational reasons for consumer appeal) Brand Personality (tonality that reflects your character) Brand Platform Statement:
the guiding statement for the management and development of your brand NOTE: Here, we conduct a meeting to present all of the research findings as well as our recommended brand positioning
based on those findings and request approval before proceeding. Page 87 of 107
3. Imagination What Will Get Us There In this stage, all the data and high-level strategies are transformed into tangible creative products that embody your brand. Strap lines and logos
and created. Foundation creative is developed. Custom brand-building actions are recommended. These creative communications and strategic initiatives combine in a powerful one-two punch
that makes a two-dimensional brand come to life in a three-dimensional community. Brand Concepts: three different written creative concepts are developed for communicating your brand
30 hours Brand Identity Guide: two distinct options are developed for bringing the approved brand concept to life. 42 hours plus outside creative costs of $2,450 Each creative expression
will contain the following: Logo creation or adaptation to finished art Strap line development and testing Color palette and environmental applications Stationary, business cards and
collateral design Sample marketing messages Website design application Brand Action: innovative recommendations for: 34 hours Investment recruitment Policy Exports People Culture Recommendations
for leadership, organization and funding 8 hours Page 88 of 107
4. Evaluation How the Brand is Performing Evaluation yields new information which may lead to the beginning of a new planning cycle. Information may be gathered from concept pre-testing,
campaign impact in the marketplace and tracking studies to measure a brand’s performance over time. Ideally, two basic questions will be answered: have responses to the brand among target
audiences changed in the way the Community BrandPrint™ intended? And have these changes resulted in action that will achieve the desired objectives of the brand? Turnkey or do-it-yourself
programs are recommended depending on the needs of the community. Recommended Measures of Accountability 4 hours CAP Study Brand Barometer Geo-demography consumer profiling: Who, What,
and Where reports (three-year update) 12 hours Note: Here, we conduct a final presentation that delivers the creative product, the Brand Action Ideas and recommended measures of accountability.
A final report is produced that delivers these items as well as the research findings. Page 89 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 11, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: Public Works : ital Imp ements ect Budg ‐Cap oj rov Pr et Advertising
Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: RFQ#0809017 Landscape Architectural Services – Streetscape Improvements X Sponsor Name Dr. Danny Cre City Manager
w, Department: Public Works/Procurement Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE
CONTINUING CONTRACT WITH CALVIN, GIORDANO & ASSOCIATES, INC., FOR LANDSCAPE ARCHITECTURAL SERVICES IN ACCORDANCE WITH THAT CERTAIN RFQ #08-09-017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: The The services of a landscape architect is required to design and prepare construction documents to continue
the City’s streetscape improvements which include median improvements, irrigation systems, lighting, pavers, landscaping, sidewalks etc. The areas slated for improvements are NW 183rd
Street from NW 27th Avenue to NW 47th Avenue (Capital Improvement Projects 2008/09 – Design/Construction $750,000); NW 2nd Avenue from 183rd Street to NW 215th Street (Possible Stimulus
Plan Funding); NW 12th Avenue and NW 167th Street ($125,000 Funding from Mercedes Benz Dealership); NW 199th Street from NW 27th Avenue to NW 47th Avenue (Future Capital Improvement
Funding); NW 199th Street from NW 27th Avenue to NW 47th Avenue (Future Capital Improvement Funding); and NW 215th Street from NW 2nd Avenue to NW 27th Avenue (Future Capital Improvement
Funding). Staff prepared specifications to retain a landscape architectural consultant(s) to provide services required under a non-exclusive services contract. The request for qualifications
was prepared in accourdance with ITEM J-5) CONSNENT AGENDA RESOLUTION Authorizing an Agreement w/Calvin, Giordano & Associates, Inc. Page 90 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Florida Statute 287.055 Consultants’ Competitive Negotiation Act. The RFQ 08-09-017 was advertised on December 1,
2008. A broadcast notice was sent to 638 vendors. Fifty proposal packages were requested. The proposals were opened on January 15, 2009. Twelve proposals were received and publicly read
for Landscape architectural services. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review. A selection/evaluation
committee consisting of:Tom Ruiz, Public Works Director; Marianna Pitiriciu, City Engineer; Tsahai Codner, KMGB Director; and Jimmie Allen, Project Manager. Each committee member was
provided the evaluation ranking sheet, proposals, copy of the solicitation and instructions as to the ranking process. The ranking sheets were returned to procurement on January 28,
2009. At which time the scores were combined and totaled. A committee meeting was held on January 30, 2009 to discuss how many firms should be short listed. Scheduling oral presentations
for landscape architectural firms, deciding questions to ask the short listed firms were also discussed. Oral presentations were scheduled for February 13, 2009. Procurement sent reference
checks to the references of all of the firms that were short listed. References received were all favorable. Each firm was given the list of questions with fifteen minutes for their
presentation the schedule was as follows: Calvin Giordano & Associates, Inc. 9:00 a.m. Craven Thompson & Associates 9:45 a.m. O’Leary Richards Design Associates, Inc. 10:30 a.m. Upon
conclusion of the oral presentations, the committee ranked the firms . The results are attached as Exhibit B. Funding is contained in the city Capital Improvement Fund. Proposed Action:
That the City Council approve the attached resolution authorizing the City Manager to negotiate and execute a non-exclusive continuing contract with Calvin Giordano & Associates, Inc.,
located in Ft. Lauderdale, Florida for landscape architectural services for streetscape improvement projects. Attachment: A list of proposers is attached as Exhibit A. Results from the
oral presentations are attached as Exhibit B. Page 91 of 107
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NONEXCLUSIVE CONTINUING CONTRACT WITH
CALVIN, GIORDANO & ASSOCIATES, INC., FOR LANDSCAPE ARCHITECTURAL SERVICES IN ACCORDANCE WITH THAT CERTAIN RFQ #08-09-017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. 1 WHEREAS, City staff prepared specifications to retain a landscape architect to 2 provide services via a Non-Exclusive Continuing Contract, and 3 WHEREAS, the specifications
were prepared in accordance with Section 4 287.055, Florida Statutes, the Consultants’ Competitive Negotiation Act, and 5 WHEREAS, RFQ #08-09-017 was advertised on December 1, 2008,
and 6 WHEREAS, twelve (12) proposals were received and publicly read, and 7 WHEREAS, a City staff committee ranked the responses and short-listed the 8 respondents and heard oral presentations,
and 9 WHEREAS, City staff is recommending that the City Council award a bid to 10 Calvin, Giordano & Associates, Inc., for landscape architectural services for streetscape 11 improvement
projects, and 12 WHEREAS, funding for this purposes is available in the Public Works Capital 13 Improvement Budget, 14 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 92 of 107
16 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 17 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 18 made a specific part of this
Resolution. 19 Section 2. AUTHORIZATION. The City Council of the City of Miami Gardens 20 hereby authorizes the City Manager to negotiate and execute a Non-Exclusive 21 Continuing Contract
with Calvin, Giordano & Associates, Inc., for landscape 22 architectural services in accordance with RFQ #08-09-017. 23 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
24 upon its final passage. 25 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 26 GARDENS AT ITS REGULAR MEETING HELD ON MARCH 11, 2009. 27 28 29 30 31 _________________________________
32 SHIRLEY GIBSON, MAYOR 33 ATTEST: 34 35 36 37 _________________________________ 38 RONETTA TAYLOR, CMC, CITY CLERK 39 40 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. 41 City Attorney
42 43 SPONSORED BY: DANNY CREW, CITY MANAGER 44 45 MOVED BY:_____________________ 46 47 VOTE: _____ 48 49 Mayor Shirley Gibson (Yes) ___(No) 50 Vice Mayor Barbara Watson (Yes) ___(No)
Page 93 of 107
51 Councilman Melvin L. Bratton (Yes) ___(No) 52 Councilman Aaron Campbell (Yes) ___(No) 53 Councilman Oliver Gilbert, III (Yes) ___(No) 54 Councilwoman Sharon Pritchett (Yes) ___(No)
55 Councilman André Williams (Yes) ___(No) 56 57 SKD/teh 8362085_1.DOC 58 Page 94 of 107
Exhibit A g RFQ#08‐09‐017‐Landscape Architectural ‐Streetscape Improvements Consultant contact e‐mail Hazeltine Nurseries Inc. Kirk Brummett kbrummett@hazeltinenurseries.com Calvin,
Giordano & Assoc. Tammy Cook‐Weedon tammyc@calvin‐giordano.com Rosenberg Gardner Design Ken Gardner ken@rosenberggardner.com O'Leary Richards Design Assoc Kathy O'Leary Richards kathy@olearyrichards.
com Kimley‐Horn & Assoc Jack Perry jack.perry@kimley‐horn.com Glatting Jackson Kercher Anglin David Barth dbarth@glatting.com Gentile Holloway O'Mahoney George Gentile george@landscape‐architects.com
Craven Thompson & Assoc Robert Cole rcole@craventhompson.com Bermello Ajamil & Partners Randy Hollingworth rhollingworth@bermelloajamil.com PBS&J Harry Belton hlbelton@pbsj.com EDAW
Inc Cesar Garcia‐Pons cesar.garcia‐pons@edaw.com Zyscovich Architect Bernard Zyscovich info@zyscovich.com Note the following Consultants did not submit required documents Rosenberg Gardner
Design No proof of Workers Comp Insurance; No proof of Professional Liab Insurance Calvin, Giordano & Assoc. Professional Liab doesn't meet required deductable Hazeltine Nurseries Inc.
No proof of Professional Liab Insurance ‐Financial information withheld until award IBI Group's submittal is non‐responsive as they didn't submit the required signature forms Page 95
of 107
Exhibit B CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFQ#08-09-017 Landscape Architectural Services – Streetscape Improvements January 15, 2009 By signing
this form as an Evaluator, I certify that I have no conflict of interest Signed______________________________ Dated:_____________________ Company Evidence of ability, capacity & skill
of firm to perform, sample schedule (max. 100 pts.) Quality, depth & scope of response (max.1200 pts.) Inc/detail approach Successful experience & background in similar services (max.
80 pts.) Background & experience of personnel (max. 60 pts.) Firm(s) located in CMG (max. 20 pts.) Firm donate local schools (max. 20 pts) Total (max.400 pts.) Calvin, Giordano 100 114
80 60 0 0 354 Craven Thompson 96 113 74 53 0 0 336 O’Leary Richards 100 119 80 60 0 0 359 Comments: ___________________________________________________________________________________________________
__ _____________________________________________________________________________________________________ ______________________________________________________________________________________________
_______ Page 96 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 11, 2009 Item Type: Resolution Ordinance Other
X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: ‐Public Works: ital Imp ement ect Budg ‐Cap oj rov Pr et Advertising
Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: RFQ#0809017 Landscape Architectural Services – Streetscape Improvements X Sponsor Name Dr. Danny Cre City Manager
w, Department: Public Works/Procurement Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON-EXCLUSIVE
CONTINUING CONTRACT WITH O’LEARY RICHARDS DESIGN ASSOCIATES, INC., FOR LANDSCAPE ARCHITECTURAL SERVICES IN ACCORDANCE WITH THAT CERTAIN RFQ #08-09-017; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Staff Summary: Summary: The services of a landscape architect is required to design and prepare construction
documents to continue the City’s streetscape improvements which include median improvements, irrigation systems, lighting, pavers, landscaping, sidewalks etc. The areas slated for improvements
are NW 183rd Street from NW 27th Avenue to NW 47th Avenue (Capital Improvement Projects 2008/09 – Design/Construction $750,000); NW 2nd Avenue from 183rd Street to NW 215th Street (Possible
Stimulus Plan Funding); NW 12th Avenue and NW 167th Street ($125,000 Funding from Mercedes Benz Dealership); NW 199th Street from NW 27th Avenue to NW 47th Avenue (Future Capital Improvement
Funding); NW 199th Street from NW 27th Avenue to NW 47th Avenue (Future Capital Improvement Funding); and NW 215th Street from NW 2nd Avenue to NW 27th Avenue (Future Capital Improvement
Funding). Staff prepared specifications to retain a landscape architectural consultant(s) to provide services required under a non-exclusive services contract. The request for qualifications
was prepared in accordance with ITEM J-6) CONSENT AGENDA RESOLUTION Authorizing a Agreement w/O'Leary Richards Design Associates, Inc. Page 97 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Florida Statute 287.055 Consultants’ Competitive Negotiation Act. The RFQ 08-09-017 was advertised on December 1,
2008. A broadcast notice was sent to 638 vendors. Fifty proposal packages were requested. The proposals were opened on January 15, 2009. Twelve proposals were received and publicly read
for Landscape architectural services. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review. A selection/evaluation
committee consisting of: Tom Ruiz, Public Works Director; Marianna Pitiriciu, City Engineer; Tsahai Codner, KMGB Director; and Jimmie Allen, Project Manager. Each committee member was
provided the evaluation ranking sheet, proposals, copy of the solicitation and instructions as to the ranking process. The ranking sheets were returned to procurement on January 28,
2009. At which time the scores were combined and totaled. A committee meeting was held on January 30, 30, 2009 to discuss how many firms should be short listed. Scheduling oral presentations
for landscape architectural firms, deciding questions to ask the short listed firms were also discussed. Oral presentations were scheduled for February 13, 2009. Procurement sent reference
checks to the references of all of the firms that were short listed. References received were all favorable. Each firm was given the list of questions with fifteen minutes for their
presentation the schedule was as follows: Calvin Giordano & Associates, Inc. 9:00 a.m. Craven Thompson & Associates 9:45 a.m. O’Leary Richards Design Associates, Inc. 10:30 a.m. Upon
conclusion of the oral presentations, the committee ranked the firms. The results are attached as Exhibit B. Funding is contained in the city Capital Improvement Fund. Proposed Action:
That the City Council approve the attached resolution authorizing the City Manager to negotiate and execute a non-exclusive continuing contract with O’Leary Richards Design Associates,
Inc., located in Miami, Florida for landscape architectural services for streetscape improvement projects. Attachment: A list of proposers is attached as Exhibit A. Results from the
oral presentations are attached as Exhibit B. Page 98 of 107
RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NONEXCLUSIVE CONTINUING CONTRACT WITH
O’LEARY RICHARDS DESIGN ASSOCIATES, INC., FOR LANDSCAPE ARCHITECTURAL SERVICES IN ACCORDANCE WITH THAT CERTAIN RFQ #08-09-017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
AN EFFECTIVE DATE. 1 WHEREAS, City staff prepared specifications to retain a landscape architect to 2 provide services via a Non-Exclusive Continuing Contract, and 3 WHEREAS, the specifications
were prepared in accordance with Section 4 287.055, Florida Statutes, the Consultants’ Competitive Negotiation Act, and 5 WHEREAS, RFQ #08-09-017 was advertised on December 1, 2008,
and 6 WHEREAS, twelve (12) proposals were received and publicly read, and 7 WHEREAS, a City staff committee ranked the responses and short-listed the 8 respondents and heard oral presentations,
and 9 WHEREAS, City staff is recommending that the City Council award a bid to 10 O’Leary Richards Design Associates, Inc., for landscape architectural services for 11 streetscape improvement
projects, and 12 WHEREAS, funding for this purpose is available in the Public Works Capital 13 Improvement Budget, 14 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 99 of 107
16 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 17 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 18 made a specific part of this
Resolution. 19 Section 2. AUTHORIZATION. The City Council of the City of Miami Gardens 20 hereby authorizes the City Manager to negotiate and execute a Non-Exclusive 21 Continuing Contract
with O’Leary Richards Design Associates, Inc., for landscape 22 architectural services in accordance with RFQ #08-09-017. 23 Section 3. EFFECTIVE DATE: This Resolution shall take effect
immediately 24 upon its final passage. 25 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 26 GARDENS AT ITS REGULAR MEETING HELD ON MARCH 11, 2009. 27 28 29 30 31 ________________________
_________ 32 SHIRLEY GIBSON, MAYOR 33 ATTEST: 34 35 36 37 _________________________________ 38 RONETTA TAYLOR, CMC, CITY CLERK 39 40 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. 41 City
Attorney 42 43 SPONSORED BY: DANNY CREW, CITY MANAGER 44 45 MOVED BY:_____________________ 46 47 VOTE: _____ 48 49 Mayor Shirley Gibson (Yes) ___(No) 50 Vice Mayor Barbara Watson (Yes)
___(No) Page 100 of 107
51 Councilman Melvin L. Bratton (Yes) ___(No) 52 Councilman Aaron Campbell (Yes) ___(No) 53 Councilman Oliver Gilbert, III (Yes) ___(No) 54 Councilwoman Sharon Pritchett (Yes) ___(No)
55 Councilman André Williams (Yes) ___(No) 56 57 SKD/teh 8362119_1.DOC 58 Page 101 of 107
Exhibit A g RFQ#08‐09‐017‐Landscape Architectural ‐Streetscape Improvements Consultant contact e‐mail Hazeltine Nurseries Inc. Kirk Brummett kbrummett@hazeltinenurseries.com Calvin,
Giordano & Assoc. Tammy Cook‐Weedon tammyc@calvin‐giordano.com Rosenberg Gardner Design Ken Gardner ken@rosenberggardner.com O'Leary Richards Design Assoc Kathy O'Leary Richards kathy@olearyrichards.
com Kimley‐Horn & Assoc Jack Perry jack.perry@kimley‐horn.com Glatting Jackson Kercher Anglin David Barth dbarth@glatting.com Gentile Holloway O'Mahoney George Gentile george@landscape‐architects.com
Craven Thompson & Assoc Robert Cole rcole@craventhompson.com Bermello Ajamil & Partners Randy Hollingworth rhollingworth@bermelloajamil.com PBS&J Harry Belton hlbelton@pbsj.com EDAW
Inc Cesar Garcia‐Pons cesar.garcia‐pons@edaw.com Zyscovich Architect Bernard Zyscovich info@zyscovich.com Note the following Consultants did not submit required documents Rosenberg Gardner
Design No proof of Workers Comp Insurance; No proof of Professional Liab Insurance Calvin, Giordano & Assoc. Professional Liab doesn't meet required deductable Hazeltine Nurseries Inc.
No proof of Professional Liab Insurance ‐Financial information withheld until award IBI Group's submittal is non‐responsive as they didn't submit the required signature forms Page 102
of 107
Exhibit B CITY OF MIAMI GARDENS PROCUREMENT DEPARTMENT EVALUATION RANKING SHEET RFQ#08-09-017 Landscape Architectural Services – Streetscape Improvements January 15, 2009 By signing
this form as an Evaluator, I certify that I have no conflict of interest Signed______________________________ Dated:_____________________ Company Evidence of ability, capacity & skill
of firm to perform, sample schedule (max. 100 pts.) Quality, depth & scope of response (max.1200 pts.) Inc/detail approach Successful experience & background in similar services (max.
80 pts.) Background & experience of personnel (max. 60 pts.) Firm(s) located in CMG (max. 20 pts.) Firm donate local schools (max. 20 pts) Total (max.400 pts.) Calvin, Giordano 100 114
80 60 0 0 354 Craven Thompson 96 113 74 53 0 0 336 O’Leary Richards 100 119 80 60 0 0 359 Comments: ___________________________________________________________________________________________________
__ _____________________________________________________________________________________________________ ______________________________________________________________________________________________
_______ Page 103 of 107
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 11, 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:
General Fund‐Parks & Recreation 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 Oliver
Gilbert III 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 TO PRODUCE AND IMPLEMENT THE CITY’S INAUGURAL BID WHIST TOURNAMENT COMMENCING MARCH 2009; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE. Staff Summary: The City of Miami Gardens Parks and Recreation offers an array of programming for residents to engage them in recreation and socialization. One of the pastimes enjoyed
by our residents is the card game Bid Whist. To further support this pastime, Councilman Gilbert will join efforts with the Parks and Recreation Department to facilitate an Inaugural
Bid Whist Tournament on March 27, 2009 at A. J. King Park, located at 4230 NW 178 Street. The proposed event will include: Bid Whist Tournament, Food and refreshments, Complimentary
t‐shirt and giveaway for the first 100 registrants, A cash prize donated by a community sponsor , Two tickets to Jazz in the Gardens for the winning team. ITEM J-7) CONSENT AGENDA
RESOLUTION Bid Whist Tournament Page 104 of 107
1515 NW
167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 While the Bid Whist Tournament is still in the planning stages, staff estimates it will take approximately $6,000 to execute
all program components. This estimated amount is already allocated in the Parks and Recreation budget. Proposed Action: Councilman Oliver Gilbert recommends that the City Council adopt
the attached resolution, authorizing the City Manager to take any and all steps necessary to implement the Inaugural Bid Whist Tournament on March 27, 2009. Attachment: None. Page 105
of 107
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 TO PRODUCE AND IMPLEMENT
THE CITY’S INAUGURAL BID WHIST TOURNAMENT COMMENCING MARCH 2009; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens Parks
and Recreation Department along with Councilman Oliver Gilbert III would like to host an Inaugural Bid Whist Tournament, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS,
it is estimated that the total cost for the event will be Six Thousand Dollars ($6,000.00) and there are funds in the City’s Parks and Recreation budget for this purpose, and WHEREAS,
the City Council would like to authorize the City Manager to take any and all steps necessary to produce and implement the Inaugural Bid Whist Tournament commencing in March 2009, 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 implement the City’s Inaugural Bid Whist Tournament. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage. Page 106 of 107
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MARCH 11, 2009. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42
43 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney
SPONSORED BY: COUNCILMAN OLIVER G. GILBERT III 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 8354746_1.DOC Page 107 of 107