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HomeMy WebLinkAboutMarch 25, 2009 City Council Agenda CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: March 25, 2009 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: April 8, 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) Regular City Council Minutes – March 11, 2009 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) March 25, 2009 Page 1 Page 1 of 204 Regular City Council Agenda March 25, 2009 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Mr. Nelson – Big Brothers Big Sisters F-2) Mayor Gibson -Florida International School of Medicine F-3) City Manager Danny Crew -Five Year Service Pens F-4) Tsahi Codner, Award Presentation –KMGB Public Service Announcement Participants F-5) Councilwoman Pritchett -Norland Girls Basketball State Champs F-6) William Alonso, Finance Director -February 2009 Budget Status Report F-7) Kara Petty – Award Presentation Park’s Maintenance Team F-8) Mayor Gibson -Proclamation – Women’s History Month (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) (I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA 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) (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN FUNDING AGREEMENT AND ALL ATTENDANT DOCUMENTS WITH THE FORT LAUDERDALE UASI, FOR GRANT FUNDING IN THE AMOUNT OF THIRTEEN THOUSAND SIX HUNDRED NINETY DOLLARS AND 15/100 ($13,690.15), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 2 of 204 Regular City Council Agenda March 25, 2009 Page 3 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT AMENDMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS, RELATING TO INMATE WORK PROGRAMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN VEHICLE USE/LEASE AGREEMENT WITH THE NATIONAL INSURANCE CRIME BUREAU FOR USE OF A “BAIT VEHICLE” FOR POLICE DEPARTMENT INVESTIGATIONS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 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 EARLY CARE PROVIDER AGREEMENT FOR SCHOOL READINESS SERVICES WITH THE EARLY LEARNING COALITION OF MIAMIDADE/MONROE FOR FUNDING OF THE CITY’S SHINING STARS AFTER-SCHOOL PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 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 A CHANGE ORDER TO THAT CERTAIN AGREEMENT WITH CPZ ARCHITECTS, INC., FOR PAYMENT OF AN ADDITIONAL THREE HUNDRED SIXTY-EIGHT THOUSAND, SIX HUNDRED THIRTY-ONE DOLLARS ($368,631.00) FOR CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 3 of 204 Regular City Council Agenda March 25, 2009 Page 4 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CANCELING THE APRIL 1, 2009 ZONING MEETING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) RESOLUTION(S) None (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager’s Monthly Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN (O) COMMUNICATIONS FROM THE PUBLIC (P) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 4 of 204 Page 5 of 204 ITEM F-6) PRESENTATION February 2009 Budget Status Report Page 6 of 204 Page 7 of 204 Page 8 of 204 Page 9 of 204 Page 10 of 204 Page 11 of 204 Page 12 of 204 Page 13 of 204 Page 14 of 204 Page 15 of 204 Page 16 of 204 Page 17 of 204 Page 18 of 204 Page 19 of 204 Page 20 of 204 Page 21 of 204 Page 22 of 204 Page 23 of 204 Page 24 of 204 Page 25 of 204 Page 26 of 204 Page 27 of 204 Page 28 of 204 Page 29 of 204 Page 30 of 204 Page 31 of 204 Page 32 of 204 Page 33 of 204 Page 34 of 204 Page 35 of 204 Page 36 of 204 Page 37 of 204 Page 38 of 204 Page 39 of 204 Page 40 of 204 Page 41 of 204 Page 42 of 204 Page 43 of 204 Page 44 of 204 Page 45 of 204 Page 46 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 25, 2009 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No x x Funding Source: 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 January, 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 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 ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Warren Henry Option Agreement Page 47 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 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 48 of 204 {M1791489_1} Highlights of the Option Agreement 1. Option Period – Warren Henry (“WH”) has the option to purchase the property at any time during the next two years, and can extend such option for an additional one year at the end of the first two years. 2. Option Payments – WH makes monthly option payments to the City in an amount sufficient to pay principal and interest due on the Bonds during the Option Period, plus an additional amount of interest equal to one percent (1.0%) over the interest rate on the Bonds. (This increases to 3% in the third optional year). 3. Option Price – To exercise the option, WH pays to the City the following: a) $7,300,000 (the face amount of the Bonds), less the amount of the monthly Option Payments attributable to principal on the Bonds; b) all of the City’s closing costs, including documentary stamp taxes, counsel fees, and any prepayment penalties or make-whole payments on the Bonds; and c) fifty percent (50%) of the amount by which the appraised value of the property at the time of the option execution exceeds $9,300,000 (WH’s original purchase price of the property). 4. “As Is” Purchase – Since WH previously owned the property, if it exercises the option to purchase it will take the property “as is”, without any representations or warranties of any kind from the City. 5. Default by WH or Failure to Purchase – If WH fails to make an Option Payment or does not exercise the option to purchase, the City keeps the property and all Option Payments previously paid. Page 49 of 204 1 ORDINANCE NO. 2009-___ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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. 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 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. 39 40 41 42 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 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 43 44 45 46 47 {M1787632_2} Page 50 of 204 2 1 2 3 4 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. 5 6 7 8 9 SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. 10 11 12 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. 13 14 15 16 17 SECTION 6. EFFECTIVE DATE: This Ordinance will become effective immediately upon its final passage. 18 19 20 21 22 23 24 25 26 27 28 PASSED ON FIRST READING THE 11th DAY OF MARCH, 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. 29 30 31 32 33 34 SHIRLEY GIBSON, MAYOR ATTEST: 35 36 37 38 39 40 41 RONETTA TAYLOR, MMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 42 43 44 45 46 CITY ATTORNEY Prepared by ADORNO & YOSS LLP, Bond Counsel Page 51 of 204 3 1 2 SPONSORED BY: DANNY O. CREW, CITY MANAGER 3 4 5 6 7 MOVED BY: VOTE: 8 Mayor Shirley Gibson (Yes) (No) 9 Vice Mayor Barbara Watson (Yes) (No) 10 Councilman Melvin L. Bratton (Yes) (No) 11 Councilman Aaron Campbell, Jr. (Yes) (No) 12 Councilman Oliver Gilbert III (Yes) (No) 13 Councilwoman Sharon Pritchett (Yes) (No) 14 Councilman Andre L. Williams (Yes) (No) Page 52 of 204 EXHIBIT “A” DESCRIPTION OF PROPERTY {M1787632_2} Page 53 of 204 Page 54 of 204 Page 55 of 204 EXHIBIT “B” FORM OF OPTION AGREEMENT {M1787632_2} Page 56 of 204 OPTION AGREEMENT AND CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY This Option Agreement and Contract for Purchase and Sale of Real Property (“Contract”) is made and entered into as of the Effective Date (as defined below), by and among CITY OF MIAMI GARDENS (“Seller” or “City”), and WARREN HENRY ACQUISITIONS LLC, a Florida limited liability company (the “Buyer”). In consideration of the mutual agreements herein set forth, the parties hereto agree as follows: 1. Definitions. The following terms when used in this Option Agreement and Contract for Purchase and Sale shall have the following meanings: 1.1 Appraised Fair Market Value shall mean the fair market value of the Property either (i) as the Seller and Buyer shall agree in writing or (ii) if the parties shall be unable to agree upon the fair market value of the Property within the time period specified in Section 3.2 below, then Appraised Fair Market Value shall be determined in accordance with appraisal procedures set forth in Section 3.2 below. 1.2 Attorneys' Fees. All reasonable fees and expenses charged by an attorney for his services and the services of any paralegals, legal assistants or law clerks, including (but not limited to) fees and expenses charged for representation at the trial level and in all appeals. 1.3 Bonds. The $7,300,000 City of Miami Gardens, Florida, Taxable Land Acquisition Revenue Bonds, Series 2009, issued on February 18, 2009. 1.4 Business Day. Any day that the banks in Miami-Dade County, Florida are open for business, excluding Saturdays and Sundays, and published holidays of the City of Miami Gardens. 1.5 Buyer. Warren Henry Acquisitions, LLC, 20860 NW 2nd Avenue, Miami Gardens, FL 33169, Attention: Erik Day, Chief Financial Officer; Phone: (305) 690-6073; Fax: (786) 513-2797. 1.6 Buyer’s Attorney. Janice L. Russell, Akerman Senterfitt, One Southeast Third Avenue, Ste. 2500, Miami, FL 33131; Telephone number: 305-374-5600; Facsimile number: 305-374-5095. {M1791994_2} Page 57 of 204 1.7 Cash to Close. The Purchase Price, subject to the adjustments herein set forth. Cash to close shall not be reduced by Option Payments (other than the portion thereof consisting of Principal Payments) paid by the Buyer. 1.8 Closing. The delivery of the Deed to Buyer concurrently with the delivery of the Purchase Price to Seller. 1.9 Closing Agent. Akerman Senterfitt, as agent for the Title Company, shall be the Closing Agent. 1.10 Closing Date. The date of Closing which shall be the calendar date specified by Buyer in a written notice to Seller given in accordance with the Section 3 hereof, except that such specified Closing Date cannot be after the Option Expiration Date, unless a later date is mutually agreed to in writing by the Seller and Buyer. 1.11 Contract. This Option Agreement and Contract for Purchase and Sale of Real Property. 1.12 Deed. The Special Warranty Deed which conveys the Property from Seller to Buyer. 1.13 Effective Date. The date this Contract is executed by the Seller. 1.14 Governmental Authority. Any federal, state, county, municipal or other governmental department, entity, authority, commission, board, bureau, court, agency or any instrumentality of any of them. 1.15 Governmental Requirement. Any law, enactment, statute, code, ordinance, rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, agreement, or other direction or requirement of any Governmental Authority now existing or hereafter enacted, adopted, promulgated, entered, or issued applicable to the Seller or the Property. 1.16 Hazardous Material. Any flammable or explosive materials, petroleum or petroleum products, oil, crude oil, natural gas or synthetic gas usable for fuel, radioactive materials, hazardous wastes or substances or toxic wastes or substances, including, without limitation, any substances now or hereafter defined as or included in the definition of “hazardous substances,” “hazardous wastes,” “hazardous materials,” “toxic materials” or “toxic substances” under any applicable Governmental Requirements. 1.17 Option Exercise Notice. Shall have the meaning given in the first paragraph of Section 3.1 hereof. 1.18 Option Expiration Date. Shall mean date the option to purchase the Property granted to Buyer hereunder and all rights of Buyer to purchase the Property shall terminate and expire which Option Expiration Date shall occur on April 1, 2011, unless Buyer elects to extend the Option Expiration Date for an additional twelve (12) months in accordance with Section 3.1 hereof; or (b) five (5) calendar days after written notice from Seller that Buyer {M1791994_2} -2-Page 58 of 204 has failed to pay an Option Payment on the date such Option Payment was due, unless within such five (5) calendar day period, Seller receives full payment of any and all past due Option Payments, together with any late payment fees payable with respect thereto in accordance with Section 3.1 hereof; or (c) Buyer’s failure to close as required hereunder on the Closing Date following delivery of an Option Exercise Notice or any other default by Buyer of its obligations hereunder that is not cured within five (5) calendar days after written notice thereof from Seller. 1.19 Option Payments. Shall mean the monthly option payments required to be paid by Buyer in accordance with Section 3.1 below commencing on April 1, 2009 and on the first day of each month thereafter until the Closing, unless this Contract is terminated prior to the Closing in accordance with the provisions hereof. 1.20 Permitted Exceptions. The title exceptions set forth in Exhibit “B” attached hereto and any Additional Exceptions which are created and consented to by Buyer and Seller after the Effective Date. 1.21 Person. Person shall mean any natural or artificial legal entity whatsoever, including, but not limited to, any individual, general partnership, limited partnership, unincorporated association, sole proprietorship, corporation, limited liability company, trust, business trust, real estate investment trust, joint venture, or Government Authority. 1.22 Principal Payments. Principal Payments means the portion of the Option Payments designated on Exhibit D under the column heading "Principal." 1.23 Property. That certain real property located in Miami-Dade County, Florida, more particularly described in Exhibit “A” attached hereto and made a part hereof together with all subsurface property rights, easements, privileges and appurtenances thereto and all leases, rents, royalties and profits derived therefrom. 1.24 Purchase Price. The sum of Seven Million Three Hundred Thousand and No/100 Dollars ($7,300,000.00) minus Principal Payments plus the Seller’s Closing Expenses, plus fifty percent (50%) of the amount by which the Appraised Fair Market Value of the Property exceeds $9,300,000. 1.25 Seller. The City of Miami Gardens with an address at 1515-200 NW 167th Street, Miami Gardens, Florida 33169, Attention: Dr. Danny O. Crew. 1.26 Seller's Attorneys. The City of Miami Gardens with an address at 1515-200 NW 167th Street, Miami Gardens, Florida 33169, Attention: City Attorney. 1.27 Seller’s Closing Expenses. The documentary stamp tax and surtax payable on the deed of conveyance to Buyer, any applicable prepayment or make whole costs with respect to the payoff of the Bonds and any attorneys fees and costs with respect to Seller’s Attorneys or with respect to counsel for the trustee and/or Wachovia Bank, N.A. relating to the Bonds and any and all direct or indirect costs and expenses incurred by the Seller in connection with the sale and conveyance of the Property to Buyer in accordance with this Contract. {M1791994_2} -3-Page 59 of 204 1.28 Title Commitment. An ALTA title insurance commitment (1992 Revision) from the Title Company, agreeing to issue the Title Policy to Buyer upon satisfaction of the Buyer's obligations pursuant to this Contract. 1.29 Title Company. First American Title Insurance Company. 1.30 Title Policy. An ALTA owner's title insurance policy (Revised 10/17/92) in the amount of the Purchase Price, insuring Buyer's title to the Property. 2. Grant of Purchase Option. Seller hereby grants to Buyer an option to purchase the Property for the Purchase Price, upon the terms and conditions set forth herein, which option to purchase must be exercised by Buyer (if at all) in accordance with the terms and conditions hereby on or before the Option Expiration Date. 3. Exercise of Option and Payment of Purchase Price. If Buyer elects to maintain this Contract and the option to purchase granted hereunder in effect, Buyer shall be required to pay Seller the monthly Option Payments in accordance with Section 3.1 below commencing on April 1, 2009 and on the first day of each month thereafter through the Closing Date. The option to purchase granted hereunder may be exercised by Buyer at any time after the Effective Date and prior to 5:00 pm on February 1, 2011 or if Buyer extends the Option Expiration Date as set forth in Section 3.1 below, at any time prior to 5:00 pm on February 1, 2012, by delivery of written notice to Seller and Seller's Attorney, given in accordance with Section 20 hereof (the “Option Exercise Notice”), stating that Buyer elects to exercise the option to purchase and to tender the Purchase Price at the Closing to be held on a Business Day specified in such Option Exercise Notice, provided the Closing Date designated by Buyer in its Option Exercise Notice must be on or before the Option Expiration Date and must afford Seller at least thirty (30) days’ advance notice of the Closing Date designated by Buyer. Buyer acknowledges that Buyer will be obligated to pay any “make whole payment”, prepayment premium or other sum due due from the City with respect to the Bonds and that the Option Payment payable for the month in which the Closing occurs shall be prorated through the Closing Date and adjusted between the parties by appropriate credit or debit on the closing statement. 3.1 Option Payments. If Buyer desires to maintain this Contract in effect, Buyer shall pay (or cause to be paid) on or before the due date thereof, by wire transfer to the Seller in accordance with the wire instructions attached hereto as Exhibit “C”, the monthly Option Payments in accordance with the amounts shown on the schedule attached as Exhibit “D” hereto The first Option Payment shall be due April 1, 2009 and subsequent payments shall be due on the first day of each month thereafter until the earlier to occur of (a) the Closing or (b) the termination of this Contract in accordance with the provisions hereof. The Option Payments paid by Buyer shall be nonrefundable and fully earned by the Seller upon receipt and, except for Principal Payments, shall not be applied toward the Purchase Price at the Closing. If this Contract is terminated by Buyer for any reason or is terminated by Seller for default by Buyer or under any other provision hereunder allowing for termination of this Agreement by Seller, such Option Payments, including Principal Payments, shall be retained by Seller as fair and reasonable consideration for the option to purchase granted hereunder. By written notice given to Seller on or before November 1, 2010, Buyer shall have a one time right to extend the Option Expiration Period for an additional twelve (12) months, provided that Buyer shall be required to {M1791994_2} -4-Page 60 of 204 pay the increased Option Payments for months 25 through 36 in accordance with the schedule attached as Exhibit “C” hereto. Any Option Payment received by the Seller after the third day of the month in which it is due must include a late fee in the amount of three percent (3%) of the delinquent Option Payment. 3.2 Appraisal Procedure. If the Buyer and Seller are unable to agree in writing upon the Appraised Fair Market Value of the Property within ten (10) days after Seller’s receipt of an Option Exercise Notice from Buyer, then not later than the date which is twenty (20) days after the Seller’s receipt of such Option Exercise Notice (the "Appraiser Selection Date") the Buyer will select one appraiser and Seller will select another appraiser; and each of the Buyer and Seller will notify the other in writing thereof on or prior to the Appraiser Selection Date. Each appraiser so selected will be an independent appraiser, with (x) M.A.I. or equivalent qualifications and (y) at least ten (10) years of active, current experience in appraising commercial land for development in the county and state where the Property is located. If the Buyer and Seller each appoint an appraiser as provided above, then within ten (10) days thereafter, the two appraisers will select a third appraiser with the qualifications set forth in above. If the two appraisers so selected cannot agree upon a third appraiser within such ten (10) day period, Seller shall apply to a real estate or appraisal trade organization operating in the city and state where the Property is located (or if none then exist in the city and state where the Property is located, in such locale as Seller shall reasonably determine) (any such entity is herein the "Board") for the appointment of such third appraiser with the qualifications required above. If either the Buyer or Seller shall fail to select an appraiser by the Appraiser Selection Date, the appraiser that was timely selected by a party shall, within ten (10) days of such appraiser's selection, apply to the the Board for the appointment of a second appraiser with the qualifications required above, who shall be independent of the Buyer and Seller and of the first appraiser and thereafter, two(2) appraisers shall proceed to select the third appraiser in accordance with the procedure set forth above. If all three (3) appraisers agree upon the fair market value of the Property, such value will be the Appraised Fair Market Value. If the three (3) appraisers cannot agree, the values determined by each of the appraisers will be averaged, and the appraisal which most deviates from that average (whether it be the highest or the lowest appraisal) will be disregarded. The two (2) remaining appraisals will then be averaged together, and the average value so determined will be the Appraised Fair Market Value. The decision of the appraisers so arrived at will be binding on Seller and the Buyer. Buyer shall pay any and all costs, fees and expenses of the Seller incurred in connection with the appraisal procedure set forth above, including, without limitation, the fees and expenses of the appraisers required by this Section 3.2. 3.3 Cash to Close. At the Closing, the Cash to Close shall be paid to Seller in accordance with the closing procedure hereinafter set forth. 4. As Is Purchase. Buyer acknowledges and agrees that Buyer is the previous owner of the Property and has performed and completed, all inspections and investigations concerning the condition of the Property to its satisfaction. Except as set forth in Section 7 hereof, Buyer acknowledges that it is fully relying on Buyer's (or Buyer's representatives') inspections of the Property and not upon any statements (oral or written) which may have been made or may be made (or purportedly made) by Seller or any of its representatives, accountants, consultants or attorneys. As a material part of the consideration of this contract and the purchase, Buyer hereby agrees to accept the Property on the Closing Date in its “as-is, where is” condition, with all {M1791994_2} -5-Page 61 61 of 204 faults, and without representations and warranties of any kind, express or implied, or arising by operation of law, except as set forth in Section 7, including, without limitation, the current environmental condition of the Property and any the past or present existence of any Hazardous Materials at the Property, whether known or unknown, and any future adverse environmental conditions at the Property that are not created by or caused by the Seller’s activities thereon after the Effective Date. The provisions of this Section shall survive the Closing. 5. Title. 5.1 Fee Simple Title to Property. Provided this Contract remain in effect and are not terminated in accordance with the provisions hereof, at the Closing, Seller shall convey to Buyer fee simple title to the Property, subject only to the Permitted Exceptions. 5.2 Buyer to Notify Seller of Title Objection. Provided Buyer notifies Seller in writing on or before seven (7) Business Days prior to the Closing Date, Seller shall be required to cure any exceptions which are not Permitted Exceptions and which are liens, claims or encumbrances affecting title to the Property created or consented to by Seller (“Mandatory Exceptions”). Except for Mandatory Exceptions, Buyer shall take title subject to the Permitted Exceptions, any matters created by, through or under Buyer at the Closing prior to or after the Effective Date and any other non-Mandatory Exceptions. 5.3 Seller’s Failure to Cure Mandatory Exception(s). In the event Seller fails to cure any Mandatory Exceptions at or prior to the Closing Date, Buyer shall be entitled to file an action for specific performance of this Contract pursuant to Section 5.3.1 hereof. 6. Survey. Buyer accepts title to the Property subject to the matters shown on the survey prepared by W.L.Fish & Company, dated June 7, 2007, last revised through February 9, 2009, under Job No. 2007-097, which shall be deemed Permitted Exceptions. 7. Seller's Representations. 7.1 Representations and Warranties. Seller hereby represents and warrants to Buyer as of the Effective Date and as of the Closing Date as follows: 7.1.1 Authority. The execution and delivery of this Contract by Seller and the consummation by Seller of the transaction contemplated by this Contract are within Seller's capacity and all requisite action has been taken to make this Contract valid and binding on Seller in accordance with its terms. 7.1.2 No Legal Bar. The execution by Seller of this Contract and the consummation by Seller of the transaction hereby contemplated do not, and on the Closing Date will not (a) result in a breach of or default under any indenture, agreement, instrument or obligation to which Seller is a party and which affects all or any portion of the Property, (b) result in the imposition of any lien or encumbrance upon the Property under any agreement or other instrument to which Seller is a party or by which Seller or the Property might be bound, or (c) to Seller's knowledge, constitute a violation of any Governmental Requirement. {M1791994_2} -6-Page 62 62 of 204 7.1.3 Title. To Seller’s knowledge, Seller is the owner of marketable title to the Property, free and clear of all Mandatory Exceptions. 7.1.4 Parties in Possession. There are no parties other than Seller in possession of any portion of the Property and to the knowledge of Seller, no parties other than Seller have any claim or right to use or possession of the Property except as may be disclosed in the Permitted Exceptions. 7.1.5 No Other Options to Purchase. No Person other than Buyer by reason of this Contract has any right or option to purchase the Property or any portion thereof. 8. Pre-Closing Covenants. 8.1 Acts Affecting Property. Without Buyer's consent, from and after the Effective Date, Seller will refrain from modifying the terms of the Bonds after the Effective Date in a manner that will materially increase the Seller’s Closing Costs. 8.2 Maintenance of Property. Buyer, at Buyer’s expense, shall maintain the Property in its presently existing condition as of the Effective Date and shall comply with Governmental Requirements regarding periodic mowing and debris removal applicable to vacant properties generally. Buyer agrees that prior to Closing, Seller shall have the right to use the property in any lawful manner, so long as the Seller’s use of the property does not adversely affect the Buyer’s rights hereunder upon exercise of the option or materially increase Buyer’s maintenance obligations set forth above. 8.3 Insurance. Buyer shall ensure that Buyer and any invitee, licensee, independent contractor, consultant, employee, agent or representative of Buyer (collectively, “Buyer Party”) that enters the Property on behalf or at the direction of Buyer shall maintain, commercial general liability and property damage insurance insuring Buyer and Seller against all liability arising out of any entry or activities on or about the Property by Buyer or any Buyer Party. Each such insurance policy shall be in the amount of no less than Two Million Dollars ($2,000,000) combined single limit for injury to or death of one or more persons in an occurrence, and for damage to tangible property (including loss of use) in an occurrence. The policy(ies) maintained, or caused to be maintained, pursuant to this Section 8.3 shall insure the contractual liability of Buyer covering the indemnities herein and shall (i) name Seller as additional insured party and (ii) contain a provision that the insurance provided thereunder shall be primary and noncontributing with any other insurance available to Seller. Buyer shall provide Seller with evidence of such insurance coverage prior to any entry on the Property by Buyer or any other Buyer Party. Buyer shall indemnify and hold Seller harmless from and against any loss, cost, liability and expense arising out of or relating to any entry on or about the Property by Buyer and any Buyer Party. The foregoing indemnity shall survive the Closing, or, if the Closing does not occur, survive the termination of this Contract. 8.4 Cooperation with Buyer. Seller agrees, provided that there will be no cost to Seller, to sign (in Seller’s non-governmental capacity as a private landowner) any landowner consents or joinders required under applicable laws and regulations as a condition to Buyer’s {M1791994_2} -7-Page 63 of 204 ability to file and process applications for approvals, permits, plats, replats or any other such instruments required for development of the Property by Buyer after the Closing, provided such instruments do not impose any liabilities on Seller which will survive the Closing or the termination of this Contract and will not, in the reasonable judgment of Seller, adversely affect the value of the Property. Notwithstanding the foregoing or anything to the contrary contained herein, Buyer expressly acknowledges and agrees that Buyer's obligations under this Contract are not conditioned in any manner upon Buyer's receipt of any such approvals and permits prior to the Option Expiration Date and provided further that any such private landowner consents or joinders provided by Seller solely in order to enable Buyer to file and process applications for permits and approvals required for development of the Property after the Closing shall not be deemed or construed to relieve Buyer in any manner from the necessity of of complying with any and all city, county and statutory laws, ordinance and regulations applicable to governmental permitting requirements, conditions, terms and restrictions, including, without limitation, all applicable building and land use codes and ordinances. 9. Representations. Buyer hereby represents and warrants to the Seller as of the Effective Date and as of the Closing Date as follows: 9.1 Buyer's Existence. Buyer is a limited liability company, duly organized, existing, in good standing under the laws of the state of Florida, and Buyer has full power and authority to purchase the Property and to comply with the terms of this Contract. 9.2 Authority. The execution and delivery of this Contract by Buyer and the consummation by Buyer of the transaction hereby contemplated are within Buyer's capacity and all requisite action has been taken to make this Contract valid and binding on Buyer in accordance with its terms. 10. Conditions to Buyer's Obligation to Close. Buyer shall not be obligated to close under this Contract, unless and until each of the following conditions are either fulfilled or waived, in writing, by Buyer: 10.1 Delivery of Documents. Seller shall be prepared to deliver all instruments and documents to be delivered to Buyer at the Closing pursuant to this Contract. 10.2 No Prior Termination. This Contract shall not have been previously terminated pursuant to any other provision hereof. 10.3 Representations and Warranties. All of Seller's representations and warranties shall be true and correct as provided herein, and Seller shall have performed all of their obligations under this Contract. 10.4 Status of Title. The status of title to the Property shall be as required by Section 5 of this Contract. 11. Closing. Subject to all of the provisions of this Contract, Buyer and Seller shall close this transaction on the Closing Date commencing at 10:00 a.m., Eastern Standard Time. The Closing shall take place at the office of Closing Agent or such other place as may be mutually agreed upon by by Seller and Buyer. {M1791994_2} -8-Page 64 of 204 12. Seller's Closing Documents. 12.1 Documents. At Closing, Seller shall deliver the following documents (“Seller's Closing Documents”) to Buyer: 12.1.1 Deed. The Deed which shall be duly executed and acknowledged so as to effectively convey and/or transfer to Buyer ownership of fee simple title to the Property, free and clear of all liens, encumbrances and other conditions of title other than the Permitted Exceptions. 12.1.2 Seller's No Lien, Gap and FIRPTA Affidavit. An affidavit from Seller attesting that (a) no individual or entity has any claim against the Property under the applicable contractor's lien law, (b) no individual or entity is either in possession of the Property or has a possessory interest or claim in the Property, and (c) no improvements to the Property have been made for which payment has not been made. The Seller's affidavit shall include language sufficient to enable the Title Company to insure the “gap”, i.e., delete as an exception to the Title Commitment any matters appearing between the effective date of the Title Commitment and the effective date of the Title Policy. The affidavit shall also include the certification of non-foreign status required under Section 1445 of the Internal Revenue Code to avoid the withholding of income tax by the Buyer. 12.1.3 Authorizing Resolutions. Certificates of such resolutions in form and content as Buyer may reasonably request evidencing Seller’s power and authority to enter into and execute this Contract and to consummate the transactions herein contemplated. 12.1.4 Closing Statement. A closing statement setting forth the Purchase Price and all credits, adjustments and prorations between Buyer and Seller, and the net Cash to Close due Seller. 13. Buyer's Closing Documents. 13.1 Documents. At Closing, Buyer shall deliver the following documents (“Buyer's Closing Documents”) to Seller: 13.1.1 Authorizing Resolutions. Certificates of such resolutions in form and content as Seller may reasonably request evidencing Buyer's existence, power, and authority to enter into and execute this Contract and to consummate the transaction herein contemplated. 13.1.2 Closing Statement. A closing statement setting forth the Purchase Price, Option Deposit(s) paid by Buyer and all credits, adjustments and prorations between Buyer and Seller, and the net Cash to Close due Seller. 14. Closing Procedure. The Closing shall proceed in the following manner: {M1791994_2} -9-Page 65 of 204 14.1 Transfer of Funds. Buyer shall pay the Cash to Close to the Closing Agent by wire transfer to a depository designated by Closing Agent. 14.2 Delivery of Documents. Buyer shall deliver Buyer's Closing Documents, and Seller shall deliver Seller's Closing Documents to the Closing Agent. 14.3 Disbursement of Funds and Documents. Once the Closing Agent and Buyer have received the “marked up” Title Commitment but in no event more than one (1) day subsequent to Closing insuring Buyer’s title to the Property in accordance with the terms and conditions of this Contract, the Closing Agent shall disburse the Cash to Close in accordance with the Closing Statement, and Buyer's Closing Documents to Seller, and the Seller's Closing Documents to Buyer. 15. Prorations and Closing Costs. 15.1 Prorations. The following items shall be prorated and adjusted between Seller and Buyer as of the Effective Date, except as otherwise specified: 15.1.1 Taxes. Buyer shall be responsible for and shall pay all real estate taxes, fire fire rescue fee or assessment and special assessments levied for the year of Closing and for all years prior to the calendar year in which the Closing occurs. 15.1.2 Pending and Certified Liens. Certified non-advalorem special assessment liens and special assessment liens for which work has been substantially completed as of the Closing Date and pending liens shall be assumed and paid by the Buyer in the same manner as ad valorem taxes. 15.1.3 Other Items. All other income and expenses of the Property customarily prorated between the parties upon a transfer of real property in Miami-Dade County, Florida shall be prorated or adjusted as of the Closing Date, except that Buyer shall be responsible for and pay the documented expenses incurred by the City in connection with its maintenance and ownership of the Property in its presently existing condition from and after the Effective Date, including without limitation, mowing and debris removal, if required and solid waste and water and sewer charges applicable to the Property (if any). 15.2 Buyer's Closing Costs. Buyer shall pay for the following items prior to or at the time of Closing: (i) the cost of the documentary stamp tax and any surtax (if applicable) due at time of recording of said deed of conveyance and the cost of recording of any such deed; (ii) the cost of the Survey update and re-certification; (iii) the initial search fees (if any) incurred by Buyer in connection with the issuance of the Title Commitment, (iv) the costs associated with issuance of the Title Commitment and premiums charged for issuance of the Title Policy and all of Seller’s property maintenance expenses as provided in Section 15.1.3 and (v) Seller’s Closing Expenses. 16. Possession. Buyer shall be granted full and exclusive possession of the Property at Closing. {M1791994_2} -10-Page 66 of 204 17. Condemnation. In the event of the institution of any proceedings by any Governmental Authority which shall relate to the proposed taking of any portion of the Property by eminent domain prior to Closing, or in the event of the taking of any portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer and Buyer shall thereafter have the right and option to terminate this Contract by giving Seller written notice of Buyer's election to terminate within fifteen (15) days after receipt by Buyer of the notice from Seller. Seller hereby agrees to furnish Buyer with written notice of a proposed condemnation within two (2) Business Days after Seller's receipt of such notification. Should Buyer elect not to terminate, the parties hereto shall proceed to Closing and Seller shall assign all of its right, title and interest in all awards in connection with such taking to Buyer. 18. Default. 18.1 Buyer's Remedies for Seller's Default. In the event that this transaction fails to close close due to a refusal to close or default on the part of Seller, Buyer as its sole remedy shall have the right to elect any one of the following options as its exclusive remedy hereunder: 18.1.1 Buyer may terminate the Contract whereupon neither Buyer nor Seller shall have any further obligations under this Contract; or 18.1.2 Buyer may seek specific performance of the Contract. 18.2 Seller's Remedies for Buyer's Default. In the event that this transaction fails to close on the Closing Date due to a default on the part of Buyer or in the event Buyer fails to pay an Option Payment prior to the applicable Option Expiration Date and such failure remains uncured by Buyer for five (5) calendar days after written notice of such failure is given by Seller, this Contract shall be deemed terminated, and Seller shall retain all of the Option Payments (including Principal Payments) previously paid by Buyer through the date of such termination as agreed-upon option consideration and liquidated damages. Thereafter, except as otherwise specifically set forth in this Contract, neither Buyer nor Seller shall have any further obligation under this Contract. Buyer and Seller acknowledge that if Buyer defaults, Seller will suffer damages in an amount which cannot be ascertained with reasonable certainty on the Effective Date and that the portion of the Option Payments then received by Seller most closely approximates the amount necessary to compensate Seller in the event of such default. Buyer and Seller agree that this is a bona fide liquidated damage provision and not a penalty or forfeiture provision. 19. No Brokerage Commission. Each party represents to the other that no broker has been involved in this transaction. It is agreed that if any claims for brokerage commissions or fees are ever made against Seller or Buyer in connection with this transaction, all such claims shall be handled and paid by the party whose actions or alleged commitments form the basis of such claim. Each party hereto shall indemnify, defend and hold hold the other party hereto harmless from any and all claims for commissions or fees by brokers made against the other party, and resulting loss, cost (including reasonable Attorney's Fees) and damages, which claim shall have arisen out of any written document or alleged oral agreement entered or purported to have been entered into by the indemnifying party and the person claiming such commission, with respect to the transaction contemplated by this Contract. {M1791994_2} -11-Page 67 of 204 20. Notices. Any notice, request, demand, instruction or other communication to be given to either party hereunder, except where required to be delivered at the Closing, shall be in writing and shall either be (a) hand-delivered, (b) sent by Federal Express or a comparable overnight mail service, or (c) sent by telephone facsimile transmission provided that an original copy of the transmission shall be mailed by regular mail, to Buyer, Seller, Buyer's Attorney and Seller's Attorney at their respective addresses set forth in Section 1 of this Contract. Notice shall be deemed to have been given upon receipt or refusal of delivery of said notice. The addressees and addresses for the purpose of this paragraph may be changed by giving notice. Unless and until such written notice is received, the last addressee and address stated herein shall be deemed to continue in effect for all purposes hereunder. 21. Intentionally Reserved. 22. Miscellaneous. 22.1 Section and Paragraph Headings. The section and paragraph headings herein contained are for the purposes of identification only and shall not be considered in construing this Contract. 22.2 Amendment. No modification or amendment of this Contract shall be of any force or effect unless in writing executed by both Seller and Buyer. 22.3 Attorneys' Fees. If any party obtains a judgment against any other party by reason of breach of this Contract, Attorneys' Fees and costs shall be included in such judgment. 22.4 Governing Law. This Contract shall be interpreted in accordance with the internal laws of the State of Florida. 22.5 Entire Contract. This Contract sets forth the entire agreement between Seller and Buyer relating to the Property and all subject matter herein and supersedes all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties. 22.6 Time of the Essence. Time is of the essence in the performance of all obligations by Buyer and Seller under this Contract. 22.7 Computation of Time. Any reference herein to time periods of less than six (6) days shall exclude Saturdays, Sundays and legal holidays in the computation thereof. Any time period provided for in this Contract which ends on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. on the next full Business Day. 22.8 Non-Assignable. This Contract shall be not be assignable by either party. 22.9 Construction of Contract. All of the parties to this Contract have participated freely in the negotiation and preparation hereof; accordingly, this Contract shall not be more strictly construed against any one of the parties hereto. {M1791994_2} -12-Page 68 of 204 22.10 Gender. As used in this Contract, the masculine shall include the feminine and neuter, the singular shall include the plural and the plural shall include the singular as the context may require. 22.11 Survival. All representations, warranties and covenants of the parties under this Contract shall survive the Closing. 22.12 Recordation of Agreement. Neither this Contract nor any memorandum thereof or reference thereto may be recorded in any Public Records in the State of Florida, provided, however, Seller acknowledges that purchaser is a public entity and therefore this Contract is a public record pursuant to Chapter 119, Florida Statutes. 22.13 Radon Gas. The following notice is given pursuant to Section 404.056, Fla. Stats. (2008): Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who were exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing and radon testing may be obtained from your county public health unit. 22.14 Counterparts; Facsimile Execution. This Contract may be executed in any number of counterparts and delivered via facsimile or otherwise, each of which when executed and delivered shall be deemed an original, but all of which together shall constitute one and the same instrument. [Intentionally short page] {M1791994_2} -13-Page 69 of 204 {M1791994_2} -14-IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the Effective Date. WITNESSES: SELLER: City of Miami Gardens, ________________________________ Print Name:_______________________ ________________________________ By:_____________________________ Print Name:_______________________ Print Name:______________________ Date:________________________ ____ BUYER: _______________________________ Warren Henry Acquisitions LLC, Print Name:_____________________ a Florida limited liability corporation ________________________________ By:_______________ ______________ Print Name:_______________________ Print Name:______________________ Date:____________________________ Page 70 of 204 EXHIBIT A LEGAL DESCRIPTION {M1791994_2} -15-Page 71 of 204 Page 72 of 204 Page 73 of 204 EXHIBIT B PERMITTED EXCEPTIONS {M1791994_2} -16-Page 74 of 204 Page 75 of 204 EXHIBIT C SELLER’S WIRE TRANSFER INSTRUCTIONS Wachovia Bank NA ABA# 063000021 Credit to acct# 2020000445627 City of Miami Gardens {M1791994_2} -17-Page 76 of 204 EXHIBIT D OPTION PAYMENT SCHEDULE WARREN HENRY AMORTIZATION TABLE FOR THE FIRST TWO YEARS OF THE OPTION Principal Payment Date Total Payment Interest Principal Balance Beginning Principal $7,300,000.00 4/1/2009 5.80% $68,389.31 $48,220.56 $20,168.75 $7,279,831.25 Interest is from Feb 18 thru March 31(41 days) 5/1/2009 5.80% $55,354.60 $35,185.85 $20,168.75 $7,259,662.50 6/1/2009 5.80% $56,426.73 $36,257.98 $20,168.75 $7,239,493.75 7/1/2009 5.80% $55,159.64 $34,990.89 $20,168.75 $7,219,325.00 8/1/2009 5.80% $56,225.27 $36,056.52 $20,168.75 $7,199,156.25 9/1/2009 5.80% $56,124.54 $35,955.79 $20,168.75 $7,178,987.50 10/1/2009 5.80% $54,867.19 $34,698.44 $20,168.75 $7,158,818.75 11/1/2009 5.80% $55,923.07 $35,754.32 $20,168.75 $7,138,650.00 12/1/2009 5.80% $54,672.23 $34,503.48 $20,168.75 $7,118,481.25 1/1/2010 5.80% $55,721.61 $35,552.86 $20,168.75 $7,098,312.50 2/1/2010 5.80% $55,620.88 $35,452.13 $20,168.75 $7,078,143.75 3/1/2010 5.80% $52,099.04 $31,930.29 $20,168.75 $7,057,975.00 4/1/2010 5.80% $55,008.64 $$35,250.66 $19,757.98 $7,038,217.02 5/1/2010 5.80% $53,776.03 $34,018.05 $19,757.98 $7,018,459.04 6/1/2010 5.80% $54,811.28 $35,053.30 $19,757.98 $6,998,701.06 7/1/2010 5.80% $53,585.04 $33,827.06 $19,757.98 $6,978,943.08 8/1/2010 5.80% $54,613.92 $34,855.94 $19,757.98 $6,959,185.10 9/1/2010 5.80% $54,515.24 $34,757.26 $19,757.98 $6,939,427.12 10/1/2010 5.80% $53,298.54 $33,540.56 $19,757.98 $6,919,669.14 11/1/2010 5.80% $54,317.88 $34,559.90 $19,757.98 $6,899,911.16 12/1/2010 5.80% $53,107.55 $33,349.57 $19,757.98 $6,880,153.18 1/1/2011 5.80% $54,120.52 $34,362.54 $19,757.98 $6,860,395.20 2/1/2011 5.80% $54,021.84 $34,263.86 $19,757.98 $6,840,637.22 3/1/2011 5.80% $50,616.85 $30,858.87 $19,757.98 $6,820,879.24 $1,322,377.45 $843,256.69 $479,120.76 {M1791994_2} -18-Page 77 of 204 {M1791994_2} -19-WARREN HENRY AMORTIZATION TABLE FOR THE THIRD OPTIONAL YEAR Principal Payment Date Total Payment Interest Principal Balance Beginning Principal $6,820,879.24 4/1/2011 7.80% $66,519.93 $45,813.57 $20,706.36 $6,800,172.88 5/1/2011 7.80% $64,907.48 $44,201.12 $20,706.36 $6,779,466.52 6/1/2011 7.80% $66,241.78 $45,535.42 $20,706.36 $6,758,760.16 7/1/2011 7.80% $64,638.30 $43,931.94 $20,706.36 $6,738,053.80 8/1/2011 7.80% $65,963.62 $45,257.26 $20,706.36 $6,717,347.44 9/1/2011 7.80% $65,824.54 $45,118.18 $20,706.36 $6,696,641.08 10/1/2011 7.80% $64,234.53 $43,528.17 $20,706.36 $6,675,934.72 11/1/2011 7.80% $65,546.39 $44,840.03 $20,706.36 $6,655,228.36 12/1/2011 7.80% $63,965.34 $43,258.98 $20,706.36 $6,634,522.00 1/1/2012 7.80% $65,268.23 $44,561.87 $20,706.36 $6,613,815.64 2/1/2012 7.80% $65,129.16 $44,422.80 $20,706.36 $6,593,109.28 3/1/2012 7.80% $60,704.56 $39,998.20 $20,706.36 $6,572,402.92 $778,943.86 $530,467.54 $248,476.32 Page 78 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 25, 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: Urban Area Secu Granrity In tive t itia Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew, City Manager Department: City Manager’s Office Short Title: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN FUNDING AGREEMENT AND ALL ATTENDANT DOCUMENTS WITH THE FORT LAUDERDALE UASI, FOR GRANT FUNDING IN THE AMOUNT OF THIRTEEN THOUSAND SIX HUNDRED NINETY DOLLARS AND 15/100 ($13,690.15), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens has been identified by the Federal Department of Homeland Security (DHS) as being eligible to receive funding from the Urban Area Security Initiative (UASI) Grant Program, as a member of the Fort Lauderdale UASI. The Fort Lauderdale UASI was given guidance from the Department of Homeland Security that the grant submission would be more competitive if a portion of the FY 2007 grant proposal was based on a “Risk Based” approach. The City of Miami Gardens was granted $412,745 under the FY 2007 UASI Grant Program. In an effort to ensure that the main funding for each jurisdiction was not delayed in 2007, the “Risk Based” funding pot of money was separated from the main grant agreement. The attached agreement is for $13,690.15 for the FY 2007 Risk based additional allocation to the City of Miami Gardens, for the improvement of first responder capabilities and critical ITEM J-1) CONSENT AGENDA RESOLUTION UASI Funding Agreement Page 79 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 infrastructure hardening, and is in addition to the sum allocated to each jurisdiction comprising the Fort Lauderdale Urban Area. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute a grant agreement with the City of Miramar for the use of $13,690.15 for the improvement of first responder capabilities and critical infrastructure hardening. Attachment: Attachment A: 2007 UASI Additional Funding Agreement 8379383.1 Page 80 of 204 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN FUNDING AGREEMENT AND ALL ATTENDANT DOCUMENTS WITH THE FORT LAUDERDALE UASI, FOR GRANT FUNDING IN THE AMOUNT OF THIRTEEN THOUSAND SIX HUNDRED NINETY DOLLARS AND 15/100 ($13,690.15), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens is eligible for funding through the Urban Area Security Initiative (“UASI”) Grant Program as a member of the Fort Lauderdale UASI, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the City has been awarded Thirteen Thousand Six Hundred Ninety Dollars and 15/100 ($13,690.15) in order to assist the City with the improvement of first responder capabilities and critical infrastructure hardening, and WHEREAS, the City Council would like to authorize the City Manager to execute an agreement with the Fort Lauderdale UASI for this purpose, 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 authorize the City Manager to execute that certain funding agreement and all attendant documents with the Fort Lauderdale UASI, for grant funding in the amount of Page 81 of 204 Thirteen Thousand Six Hundred Ninety Dollars and 15/100 ($13,690.15), a copy of which is attached hereto as Exhibit A. 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 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to the Fort Lauderdale UASI; 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 25, 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: _____ 49 Mayor Shirley Gibson (Yes) ___(No) 50 Vice Mayor Barbara Watson (Yes) ___(No) 51 Councilman Melvin L. Bratton (Yes) ___(No) 52 Councilman Aaron Campbell (Yes) ___(No) Page 82 of 204 53 Councilman Oliver Gilbert, III (Yes) ___(No) 54 Councilwoman Sharon Pritchett (Yes) ___(No) 55 Councilman André Williams (Yes) ___(No) 56 57 58 SKD/teh 8379326_1.DOC Page 83 of 204 Page 84 of 204 Page 85 of 204 Page 86 of 204 Page 87 of 204 Page 88 of 204 Page 89 of 204 Page 90 of 204 Page 91 of 204 Page 92 of 204 Page 93 of 204 Page 94 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 25, 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: Professional Service‐Transportation Fund Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x Sponsor Name Danny O. Crew Department: Public Works Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT AMENDMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS, RELATING TO INMATE WORK PROGRAMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City has used the Florida Department of Correction’s work squad since 2005, to reduce the amount of litter throughout the City, remove graffiti and assist the public works crew with landscaping tasks. The City Council authorized the original contract on June 16, 2005, which was extended a maximum of two times per the original agreement. A second agreement for 2008-2009 was approved and executed on March 10 2008. FDOC has proposed amendments (Amendment 1) to the current agreement, to reflect amendments that are being made to other municipalities. These include: • Renewal of the Contract for one (1) year; • Extending the end date of the Contract for an additional year from June 16, 2009; • Updating the Addendum A to reflect the costs effective June 16, 2009. (Last year’s contract price was $55,777; the new contract price is $56,467, consequently increasing the cost by $690). ITEM J-2) CONSENT AGENDA RESOLUTION Agreement with Florida Dept. of Corrections Page 95 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Stipulate person to whom invoices should be sent; and • Stipulates termination “at will” by the City upon 60 days notification, or by the FDOC with 60 days notification to the City. Other terms and conditions remain the same. We recommend approval of the amendment to the agreement with Florida Department of Correction for an additional 1 year. Funds are available in the Public Works Budget (10-41-01-541-310-00 Professional Services) Recommendation: It is recommended that the City Council approve the attached Resolution, amending the agreement with Florida Department of Correction for an additional one year. Attachment: Exhibit “A” FDOC Contract Page 96 of 204 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT AMENDMENT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS, RELATING TO INMATE WORK PROGRAMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in March, 2008, the City agreed to enter into a Second Agreement with the Florida Department of Corrections for a work squad to assist the City’s public wreck crews with landscaping tasks, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 WHEREAS, the Florida Department of Corrections is proposing an Amendment whereby the Agreement would be extended for a period of one (1) year, increasing the costs and amending certain housekeeping matters, and WHEREAS, the City Council would like to approve an Amendment to the Agreement that encompasses the aforementioned terms, and WHEREAS, funding for this purpose is available in the Public Works and the Keep Miami Gardens Beautiful budgets, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Clerk to execute and attest that certain Page 97 of 204 Contract Amendment with the Florida Department of Corrections relating to inmate work programs. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Section 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 25, 2009. _________________________________ 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: _____ 45 Mayor Shirley Gibson (Yes) ___(No) 46 Vice Mayor Barbara Watson (Yes) ___(No) 47 Councilman Melvin L. Bratton (Yes) ___(No) 48 Councilman Aaron Campbell (Yes) ___(No) 49 Councilman Oliver Gilbert, III (Yes) ___(No) 50 Councilwoman Sharon Pritchett (Yes) ___(No) 51 Councilman André Williams (Yes) ___(No) 52 53 54 SKD/bfc 8373382.1 Page 98 of 204 Page 99 of 204 Page 100 of 204 Page 101 of 204 Page 102 of 204 Page 103 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 25, 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: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN VEHICLE USE/LEASE AGREEMENT WITH THE NATIONAL INSURANCE CRIME BUREAU FOR USE OF A “BAIT VEHICLE” FOR POLICE DEPARTMENT INVESTIGATIONS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: As a part of the the Miami Gardens Police Department’s (MGPD) strategy to provide effective service and decrease auto thefts occurring within the City of Miami Gardens (CMG), the Department will utilize the latest technology and resources. Two of the more advanced tools and innovative resources available to the law enforcement community are License Plate Readers (LPR) and “bait vehicles”. On October 24, 2007 the City of Miami Gardens Council approved the donation of a LPR from the National Insurance Crime Bureau (NICB) for use by the Police Department. The NICB in conjunction with State Farm Insurance Company has now offered to lease a vehicle (“bait vehicle”) to the Department for use with the LPR and additional investigations. The NICB is leasing this vehicle at to the MGPD for the amount of $1.00 in the furtherance of reducing auto thefts. The make, model and identification number of the vehicle is being kept confidential to avoid compromising its use in undercover investigations. This vehicle will be utilized as a decoy decoy vehicle for auto burglary and auto theft investigations. ITEM J-3) CONSENT AGENDA RESOLUTION Agreement w/National Insurance Crime Bureau Page 104 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Recommendation: That the City Council authorizes the City Manager to execute the attached Lease /Vehicle Use agreement with NICB for the aforementioned vehicle. Attachment: Attachment A: NICB Contract Page 105 of 204 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN VEHICLE USE/LEASE AGREEMENT WITH THE NATIONAL INSURANCE CRIME BUREAU FOR USE OF A “BAIT VEHICLE” FOR POLICE DEPARTMENT INVESTIGATIONS, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Insurance Crime Bureau (“NICB”) has made a “bait vehicle” available to the City of Miami Gardens for use in burglary and auto theft investigations, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, in order to use the vehicle, it is necessary for the City to enter into a Vehicle Use/Lease Agreement with the NICB, and WHEREAS, the City Council would like to authorize the City Manager to execute a Vehicle Use/Lease Agreement with the NICB for this purpose, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, 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 authorize the City Manager to execute that certain Vehicle Use/Lease Agreement with the National Insurance Crime Bureau for use of a “bait vehicle” for the City’s Police Department investigations, a copy of which is attached hereto as Exhibit A. Page 106 of 204 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to the National Insurance Crime Bureau; and with one to be directed to the Office of City Attorney. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 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 25, 2009. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 47 Mayor Shirley Gibson (Yes) ___(No) 48 Vice Mayor Barbara Watson (Yes) ___(No) 49 Councilman Melvin L. Bratton (Yes) ___(No) 50 Councilman Aaron Campbell (Yes) ___(No) 51 Councilman Oliver Gilbert, III (Yes) ___(No) 52 Councilwoman Sharon Pritchett (Yes) ___(No) 53 Councilman André Williams (Yes) ___(No) 54 Page 107 of 204 55 SKD/teh 56 8379402_1.DOC Page 108 of 204 VEHICLE USE AGREEMENT The National Insurance Crime Bureau ("NICB") does hereby lease to the Miami Gardens Police Department (“Agency”) the vehicle described as: Year: 2007 Make: Nissan Model: Pathfinder VIN: 5N1AR18U07C628054 This vehicle will be used by the Agency for the purpose of investigation of insurance related crime and/or fraud. This agreement is subject to the following conditions: 1. The Agency leases from the NICB, the above-described vehicle for one dollar ($1.00) and other valuable considerations for use in pursuit of its lawful purpose. The Agency shall accept said vehicle "as is". The NICB shall retain remainder interest in said vehicle and that remainder interest shall take full force and effect on the 365th day after the effective date of this agreement, or longer if the term is extended in writing. 2. The Agency warrants that it will not sell, convey or in any way dispose of said vehicles in a manner which may impair the NICB's remainder interest. However, in the event that the above described vehicle is stolen or in any way damaged while in the custody of the Agency, its agents or assigns, the Agency shall be liable for any repair or replacement costs. 3. The Agency does hereby release the NICB from all claims for property damage or bodily injury arising from the operation or maintenance of the vehicle described herein by an employee, agent or assign of the NICB during the term of this agreement. 4. The Agency agrees and warrants that it shall provide insurance coverage (self-insured agency) for the above-described vehicle in the normal course of its business. 5. The effective date of this agreement shall be the date the vehicle is delivered into the custody of the Agency. IN WITNESS WHEREOF, the parties hereto have executed this agreement this _____ day of _______________, 20___. THE AGENCY: NATIONAL INSURANCE CRIME BUREAU: By: By: Name of Signer Name of Signer Its: Its: Dat e: Title Dat e: Title VIN: 5N1AR18U07C628054 NICB File #: c0835000006 Page 109 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 25, 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: NA 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 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 EARLY CARE PROVIDER AGREEMENT FOR SCHOOL READINESS SERVICES WITH THE EARLY LEARNING COALITION OF MIAMI-DADE/MONROE FOR FUNDING OF THE CITY’S SHINING STARS AFTER-SCHOOL PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City of Miami Gardens Parks and Recreation Department operates the Shining Stars After‐School Program at ten (10) park locations. This program consists of physical fitness activities, chess and tennis lessons, nutritional snacks, and tutoring /homework assistance. As a service to our city residents, the department currently accepts “vouchers” allowing students from low income families to participate in the program for a reduced fee. Currently approximately 18% of the students registered in our after‐school program receive this financial assistance from the Early Learning Coalition of Miami‐Dade/Monroe’s School Readiness Program. The Qualification Process: Parents, on behalf of their children, apply to and are qualified directly by Miami‐Dade Child Development Services. Upon receiving approval from Miami‐Dade Child Development Services they register J-4) CONSENT AGENDA RESOLUTION Agreement w/The Early Learning Coalition of Miami-Dade/Monroe Page 110 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 their children into the Parks and Recreation Department’s Shining Stars After‐School Program. On a monthly basis department staff submits attendance reports on each student, in turn Early Learning Coalition funds are sent directly to the City to cover a portion of these students’ after‐school program fees. In order to ensure that payment to the department continues, the Early Care Provider Agreement for School Readiness Services must be executed by both parties. The agreement outlines reimbursement policies, provider eligibility, student eligibility and attendance, and termination standards. Proposed Action: It is recommended that the City Council approve the attached resolution allowing the City Manager to execute an agreement with The Early Learning Coalition of Miami‐Dade/Monroe to continue to receive reimbursement for participants enrolled in the Parks and Recreation’s Shining Start After‐School Program. Attachment: Attachment A –Early Care Provider Agreement for School Readiness Services Page 111 of 204 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 EARLY CARE PROVIDER AGREEMENT FOR SCHOOL READINESS SERVICES WITH THE EARLY LEARNING COALITION OF MIAMI-DADE/MONROE FOR FUNDING OF THE CITY’S SHINING STARS AFTER-SCHOOL PROGRAM, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens, through its Parks and Recreation Department, operates the Shining Stars After-School Program at ten (10) park locations, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 WHEREAS, the Program consists of physical fitness activities, chess and tennis lessons, nutritional snacks, and tutoring/homework assistance, and WHEREAS, the Parks and Recreation Department currently accepts vouchers from low income families to participate in the Program, and WHEREAS, in order for the City to participate in the voucher program, it is necessary for the City to contract with The Early Learning Coalition of Miami-Dade/Monroe for this purpose, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Page 112 of 204 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorize the City Manager and City Clerk to execute and attest, respectively, that certain Early Care Provider Agreement for School Readiness Services with The Early Learning Coalition of Miami-Dade/Monroe for funding of the City’s Shining Stars After-School Program, a copy of which is attached hereto as Exhibit A. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain three (3) fully executed copies of the subject Agreement, with one to be maintained by the City; with one to be delivered to The Early Learning Coalition of Miami-Dade/Monroe; 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 MARCH 25, 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:_____________________ Page 113 of 204 49 VOTE: _____ 50 51 Mayor Shirley Gibson (Yes) ___(No) 52 Vice Mayor Barbara Watson (Yes) ___(No) 53 Councilman Melvin L. Bratton (Yes) ___(No) 54 Councilman Aaron Campbell (Yes) ___(No) 55 Councilman Oliver Gilbert, III (Yes) ___(No) 56 Councilwoman Sharon Pritchett (Yes) ___(No) 57 Councilman André Williams (Yes) ___(No) 58 59 60 SKD/teh 8379225_1.DOC Page 114 of 204 Page 115 of 204 Page 116 of 204 Page 117 of 204 Page 118 of 204 Page 119 of 204 Page 120 of 204 Page 121 of 204 Page 122 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: March 25, 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: Capital Improvement Fund – Quality hborhoo rovemen ond Neig mp d I t B Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny O. Crew, City Manager Department: Capital Projects Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A CHANGE ORDER TO THAT CERTAIN AGREEMENT WITH CPZ ARCHITECTS, INC., FOR PAYMENT OF AN ADDITIONAL THREE HUNDRED SIXTYEIGHT THOUSAND, SIX HUNDRED THIRTY-ONE DOLLARS ($368,631.00) FOR CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On November 28, 2008, City Council authorized the termination of architect Judson Architecture, Inc. via Resolution No. 2008‐167‐854 from the Miami Gardens Community Center project and awarded a replacement contract to CPZ Architects, Inc. via Resolution No. 2008‐168‐855. The latter resolution authorized continuing construction administration services for CPZ and its sub consultants with a scope of work that included: (1) review of existing plans, (2) coordination of bid versus permitted set of plans, (3) responses to delinquent requests for information by the general contractor, (4) modifications/revisions to existing plans, (5) payment of outstanding balances, and future service, to sub J-5) CONSENT AGENDA RESOLUTION Change Order to the Agreement w/CPZ Architects, Inc. Page 123 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 consultants, (6) obtaining additional permit approvals for subsequent revisions to plans, and (7) field inspections/site visits to monitor progress of construction. As CPZ Architects became familiar with the project and the needs of the City, they have continued to identify both problems with the design and additional items that were erroneously neglected from the original scope by the previous architect. In addition project management staff has continued to struggle with the quality of the original plans. This has resulted in an exponential number of work hours, thereby nearing the original proposal request. The attached proposal by CPZ Architects details the cost to continue with the Miami Gardens Community Center until completion. The structural engineer, a sub consultant to CPZ, has added an additional charge for the goal post footing design and the MEP Engineer has also requested an additional fee not in the original proposal, to complete additional services for the HVAC heating and energy management systems for the building. It is hereby requested that the City Council approve the attached resolution amending the contract for CPZ Architects for an additional $368,631 for a total of $811,631.00 for the construction administration of the Miami Gardens Community Center. Funding for this contract has been budgeted from the Capital Project Fund – Quality Neighborhood Improvement Program (QNIP) funds. Proposed Action: It is recommended that the City Council approve the attached resolution amending the existing contract with CPZ Architects, Inc. for an additional $368,358 for a total amount of $811,631 for the construction administration of the Miami Gardens Community Center. Attachment: Attachment A – CPZ Continuous Services Proposal Page 124 of 204 RESOLUTION No. 2009-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A CHANGE ORDER TO THAT CERTAIN AGREEMENT WITH CPZ ARCHITECTS, INC., FOR PAYMENT OF AN ADDITIONAL THREE HUNDRED SIXTY-EIGHT THOUSAND, SIX HUNDRED THIRTY-ONE DOLLARS ($368,631.00) FOR CONSTRUCTION ADMINISTRATION SERVICES ASSOCIATED WITH THE MIAMI GARDENS COMMUNITY CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on November 28, 2008, the City Council authorized the termination of Judson Architecture, Inc., and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the City Council awarded a replacement contract to CPZ Architects, Inc., relating to contract administration services for the Miami Gardens Community Center project, and WHEREAS, CPZ Architects, Inc., was contracted to review existing plans, coordinate bids and to monitor the progress of construction, among other things, and WHEREAS, in the course of becoming familiar with the project and the City’s requirements, CPZ Architects, Inc., has expended a number of unexpected hours, and WHEREAS, as a result of the additional hours expended by CPZ Architects, Inc., City staff is requesting a change order to the existing Agreement with CPZ Architects, Inc., for an additional Three Hundred Sixty-Eight Thousand, Six Hundred Thirty-One Dollars ($368,631.00) for a total amount of Eight Hundred Eleven Thousand Six Hundred Thirty-One Dollars ($811,631.00), NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 125 of 204 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to issue a change order to that certain Agreement between the City of Miami Gardens and CPZ Architects, Inc., for an additional Three Hundred Sixty-Eight Thousand, Six Hundred Thirty-One Dollars ($368,631.00) for a total amount of Eight Hundred Eleven Thousand Six Hundred Thirty-One Dollars ($811,631.00), 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 25, 2009. ______________________________ ___ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER Page 126 of 204 49 MOVED BY:_____________________ 50 51 52 VOTE: _____ 53 Mayor Shirley Gibson (Yes) ___(No) 54 Vice Mayor Barbara Watson (Yes) ___(No) 55 Councilman Melvin L. Bratton (Yes) ___(No) 56 Councilman Aaron Campbell (Yes) ___(No) 57 Councilman Oliver Gilbert, III (Yes) ___(No) 58 Councilwoman Sharon Pritchett (Yes) ___(No) 59 Councilman André Williams (Yes) ___(No) 60 61 62 SKD/teh 8379161_1.DOC Page 127 of 204 CPZ Architect’s, Inc. Architecture & Planning Services 4316 West Broward Boulevard, Plantation, Florida 33317 (954) 792-8525, (954) 337-0359 Fax CPZ Architect’s, Inc. AA #26000685 CPZ Project #0864 Page 1 of 2 February 18, 2009 Revised March 18, 2009 City of Miami Gardens Attn.: Ms. Renee C. Farmer, Assistant City Manager 1515 NW 167th Street Bldg. 5, Suite 200 Miami Gardens, Fl. 33169 Re: Carol City Community Center Additional Services Architectural Proposal Dear Ms. Farmer: In follow-up to our meeting last week, we are requesting additional funding to continue our Construction Administration Services for the Miami Gardens Community Center. Our initial proposal was an estimate of time that would be required, without the ability to review all aspects of the project. Since this time we have spent time coordinating with all parties (City, Consultants and Contractor) to assure that the job continues to move smoothly. As we have become familiar with the project and the needs of the City, we have continued to identify both problems with the design and addition items that City would like to have included in the project. This has therefore exceed our initial estimate. Based on our invoicing over the last several months, we have utilized, on the average of $50,000 per month in personnel time to provide these services. If you review our monthly invoices we did NOT charge for one of the office personnel working n your project. This was an extra set of drafting hands and we just considered it project and office overhead. Are billing has been carefully monitored as to not over charge the City of miscellaneous costs. Please see the attached invoices. In addition we have utilized the service of a permit expeditor and Cost Estimator to assist in expediting the project. The Cost estimator has averaged $5,000 per month for Change Order reviews. The permit expeditor thus far has added $3,000 to the project. Our Structural Engineer has had a small additional service for the goal post footing design. Our MEP Engineer has also been requested to complete additional services for the HVAC heating and energy management systems for the building. They have not invoiced us at this time; however, we do believe this may be forth coming and as such have included an allowance. Our review of the pool slide has required the pool design to be revised and the cost of revising and resubmitting to the HRS Permitting office. Aquadynamics has requested additional services for request of $4,000 for this service. Page 128 of 204 CPZ Architect’s, Inc. Architecture & Planning Services 4316 West Broward Boulevard, Plantation, Florida 33317 (954) 792-8525, (954) 337-0359 Fax CPZ Architect’s, Inc. AA #26000685 CPZ Project #0864 Page 2 of 2 In summary and based on our estimate of an additional 8 months of construction time to complete this project we are requesting the following additional funds to complete the project. CPZ Architects $50,000 x 4 months $ 200,000 CPZ Architects $25,000 x 4 months $ 100,000 Cost Estimating Services to date $ 14,625 Cost Estimating Services (CMS), $5,000 x 8months $ 20,000 Additional Structural Services, (Goal Post Foundation) $ 1,000 Additional MEP Services $ 15,000 Permit Expediting Services to date $ 1,233 Permit Expediting Service Allowance $ 5,000 Aquadynamics Additional Services $ 4,500 Aquadynamics Salt Chlorinator Extra $ 1,048 Curtis Rogers – Track Landscape/Irrigation Revision $ 2,225 Maurice Gray – Track Sidewalk/Bleacher Revisions $ 4,000 (Allowance) TOTAL $ 368,631 We thank you for the opportunity to offer these services. If this proposal meets with your approval, please sign this letter and return to my attention. If you have any questions, please contact me at (954) 792-8525. Respectfully, CPZ Architect’s, Inc. Chris P. Zimmerman, AIA President Page 129 of 204 Page 130 of 204 Page 131 of 204 Page 132 of 204 Page 133 of 204 Page 134 of 204 4910 SW 72nd Avenue Miami, Florida 33155 Phone (305) 667-8975 Fax (305) 662-1002 Website: AQUADYNAMICS.BIZ e-mail: INFO@AQUADYNAMICS.BIZ Water Park & Family Aquatic Center Design John J. Wahler, Principal Resort, Hotel, & Condominium Pool Design Bernard Sauve’, P.E. Forensics, Evaluations, & Analysis Ofelia Taboada, P.E. DOH Violations, Variances, Permitting Custom Residential Design Subject 1 Proposal For Additional Design Services #2 (This is a limited services contract.) March 5, 2009 Chris Zimmerman CPZ Architects, Inc. 4316 West Broward Blvd Plantation, Florida 33317 954-792-8525 Office 954-337-0359 Fax Re: Miami Gardens Community Center Swimming Pool & Spa Add Services #3 for Change to Add Salt/Chlorine Generators for Pool and Spa Dear Chris: The following Add Services Proposal reflects additional work needed to implement the changes in design drawings for the Natural Structures Water Slide. Article 1-DESCRIPTION OF ADDITIONAL SERVICES Aquadynamics will provide additional services necessary as indicated below: 1) Add a Slat/Chlorine Generator to the Pool and Spa Water Chemistry System. The current Water Chemistry systems for each pool will remain as a back up system that is required by code. 2) Change Equipment Schedule and Layout plan, and provide details as required to implement the changes to the Pool and Spa Water Chemistry System. 3) Submit all revised plans to the Florida Department of Health inclusive of processing fee payment, and acquire approved plans from that agency for use in a Building Department Permit submittal and or Construction. Page 135 of 204 Design Fee for the above work Items= 3 hours at $ 125/Hr= $ 375.00 (Principal Engineer) CAD Technician Fee for the above work Items= 8 hours at $ 65/Hr= $520.00 Department of Health Processing Fee for Pool and Spa= $ 200.00 (5) sets of approved DOH Approved Drawings= $ 67.50 RFI Reviews and Responses from this change $ 260.00 Total Additional Fees $1,047.50 Article 2-INITIATION REQUIREMENTS 2.1 Approval of this Add Services Proposal in writing must be received prior to the initiation of any new work. 2.3 90% Payment for the additional work will become due when we have completed the plans and issued them for DOH review. The balance of the fee (10%) will become due when we have obtained the DOH approval. Article 8-IMPLEMENTATION 8.1 To signify acceptance of this proposal, please sign and return a copy of this proposal to our office via fax or email. Respectfully, Accepted this……………….day of Aquadynamics Design Group, Inc. ……………………………., 2009 By: By: John J. Wahler, Principal Chris Zimmerman, CPZ Architects, Inc. Authorized Agent S:\Office\PROPOSAL\Add Services Proposals\2009\Miami Gardens Country Club_Add Services for addition of salt chlorine generator_Jay Gillespie and Chris Zimmerman CPZ Architects_3-5-09.doc 2 Page 136 of 204 1 Chris To: Aida Curtis Subject: RE: 0864 MGCC -Additional Services From: Aida Curtis [mailto:Aida@curtisrogers.com] Sent: Tuesday, March 17, 2009 9:56 AM To: Chris Subject: RE: 0864 MGCC -Additional Services Importance: High Hi Chris – we have looked at the revised plans and in terms of planting the revisions are minimal, however irrigation is quite substantial as we have to modify all the perimeter of the track which triggers further revisions and recalculations, and possible rezoning of irrigation areas. We propose to provide the above services-revisions of planting and irrigation plans, for a lump sum fee of $ 2250.00 Please feel free to call me if you have further questions. If you need a more formal proposal or a breakdown of hours let me know. Aida M. Curtis, Principal CURTIS + ROGERS DESIGN STUDIO 3250 MARY STREET, SUITE 301 COCONUT GROVE, FLORIDA 33133 P 305.442.1774 F 305.445.9488 aida@curtisrogers.com www.curtisrogers.com “NATURE DOES NOT HURRY, YET EVERYTHING GETS ACCOMPLISHED”.  Please consider the environment before printing this e-mail. From: Chris [mailto:chris@cpzarchitects.com] Sent: Thursday, March 12, 2009 10:32 AM To: Brandan DeCaro Subject: 0864 MGCC -Additional Services Brandon, here is the additional services proposal, as requested. Remember the following items are not in it: 1. Track redesign – Landscape & Civil 2. Pool Salt Chlorinator -Aquadynamics Chris P. Zimmerman, AIA, President CPZ Architects, Inc. 4316 West Broward Boulevard Plantation, Florida 33317 Tele 954.792.8525, Fax 954.337.0359 Page 137 of 204 2 chris@cpzarchitects.com Page 138 of 204 Page 139 of 204 Page 140 of 204 Page 141 of 204 Page 142 of 204 Page 143 of 204 Page 144 of 204 Page 145 of 204 Page 146 of 204 Page 147 of 204 Page 148 of 204 Page 149 of 204 Page 150 of 204 Page 151 of 204 Page 152 of 204 Page 153 of 204 Page 154 of 204 Page 155 of 204 Page 156 of 204 Page 157 of 204 Page 158 of 204 Page 159 of 204 Page 160 of 204 Page 161 of 204 Page 162 of 204 Page 163 of 204 Page 164 of 204 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Memo – April 2009 Zoning Meeting Council Meeting Date: March 25, 2009 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading x Public Hearing: Yes No Yes No Funding Source: NA Advertising Requirement: Yes No x Contract/P.O. Required: Yes No RFP/RFQ/Bid #: Sponsor Name City Manager Department: Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CANCELING THE APRIL 1, 2009 ZONING MEETING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: There are no public hearing items or other pending applications requiring action for the scheduled April1, 2009 Zoning Meeting. For the Council’s information, several items are scheduled for the May 6th meeting including but not limited to a Calder Racecourse Sign Variance Public Hearing. Recommendation: Recommend adoption of a resolution to cancel the April 1, 2009 Zoning Meeting. Attachment: Resolution J-6) CONSENT AGENDA RESOLUTION Canceling the April 1, 2009 Zoning Meeting Page 165 of 204 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CANCELING THE APRIL 1, 2009 ZONING MEETING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council holds regularly scheduled zoning meetings the first Wednesday in each month at 7:00 p.m., and WHEREAS, currently, there is a City Council meeting scheduled for April 1, 2009 at 7:00 p.m., and WHEREAS, since there are no public hearing items or other pending applications that require action in April, the City Council feels that it would be prudent to cancel this meeting, 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. CANCELLATION OF MEETING: The City Council of Miami Gardens hereby cancels the April 1, 2009 zoning meeting. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 166 of 204 Resolution No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MARCH 25, 2009 ______________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. KNIGHTON, ESQ. City Attorney SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER MOVED BY SECONDED BY VOTE 22 Mayor Shirley Gibson ___ (Yes) (No) 23 Vice Mayor Barbara Watson __ (Yes) (No) 24 Councilman Aaron Campbell Jr. __ (Yes) (No) 25 Councilman André Williams __ (Yes) (No) 26 Councilwoman Sharon Pritchett __ (Yes) _ (No) 27 Councilman Melvin Bratton ____(Yes) ___(No) 28 Councilman Oliver G. Gilbert III __ (Yes) (No) 29 30 2 Page 167 of 204 Staff Monthly Report March 2009 CITY MANAGER • Worked on several grant applications for stimulus funds. • Met with several local businesses on various needs • Worked on closing of the Warren Henry land sale • Attended press conference on police arrest of shooting subject • Worked on closing of the Spirit of Christ Church Site • Worked on revenue estimates for current year and reduced budgets based anticipated needs. • Held budget meeting with senior staff to kick-off work on the FY 10 budget • Prepared salary studies for Finance department and Human Resources Department • Held progress meeting on red light camera program PUBLIC WORKS (Tom Ruiz) 1. The staff is preparing to resurface Public Works Compound to accommodate efficient drainage as well as aesthetics. 2. Staff met with Turnpike Enterprise on east and west sound walls for one final time due to contractual expiration. All aspects of the punch list have been resolved. The City now has complete possession to maintain. 3. Staff continues to clean and maintain bus bench areas throughout the City, which at times warrant changing old and worn out containers. 4. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. We are also spraying curbing and paved medians for weed control. 5. Staff continues to trim and prune trees citywide. 6. We are working towards cleaning and vacuuming all storm basins and drainpipe city wide. 7. Continue to perform irrigation maintenance repair on 441 and NW 27th Avenue. Page 168 of 204 8. On January 15, several supervisors attended a first time supervisors training course. In addition, all supervisors attended a Maintenance of Traffic (MOT) class. 9. Public Works issued 19 permits of which: 2 Paving & Drainage, 6 Driveways & Sidewalks, 1 Banner, and 10 Utilities. 10. On 2-27-2008 Staff met with URS Corporation to discuss preliminary design aspects for drainage projects funded by grants from DEP. 11. On February 17, 2009 staff met with Straightline Engineering to go over the bond, insurance, and project schedule in order to start with the stormwater projects. On February 27, 2009 staff received all the documentation required prior to starting the project. A notice to proceed was send to Straightline Engineering with starting date of April 1, 2009 to start the Industrial Stormwater Project. 12. On March 9, 2009 Straightline Engineering started repairing the stormwater system at NW 152 Terrace and NW 18 Avenue. The repair consists of removing the existing French drains system (approximately 400 LF) which was improper install be the County (also known as FEMA projects) and installations of new French drains. The project should be finish within 3 weeks to include repaving. The area in question was sinking along with the street. 13. Landscaping project update which consists of new installation of irrigation and landscaping on NW 183 Street from NW 2 Avenue to NW 27 Avenue was awarded by the Council on March 11, 2009 to Tran Construction, Inc. Staff is working on coordinating the pre-construction meeting. 14. The Public Works Building Interior Renovations are on the way: A. Offices are being drywalled. 15. On February 23, staff interviewed for the replacement Operations Manager. Let’s congratulate Frank Johnson for his promotion from the Stormwater Division. 16. On February 26, the Director had a Pre-Hurricane Expo 2009 meeting. Hurricane Expo to be held at the NW 27 Avenue Parking Lot on June 13, 2009. 17. On February 27, the Director attended the Strategic Planning meeting with Council and other Directors. 18. On March 2, 2009 staff attended the CTST (Community Traffic Safety Team) meeting. 19. On March 2, 2009, the Director attended the Andover Board Meeting with the County to address the placement of the upgrading of the Sewer Lift Station. 20. On March 4, the Director attended the Zoning Meeting on the New Fellowship Project approvals. 1Page 169 of 204 21. On March 5, the Director assisted a student, Ashley Harris on a school project for a Strategic Plan. 22. On March 9 and 10, the Director attended an EOC Class for Special Events Contingency Plan. This meeting consisted on looking at the whole picture for special events. Making sure that everything is addressed through the planning stages. 23. On March 11, 2009, the Director and the City Engineer met with Calder Casino (Craven and Thompson) for paving and drainage issues along with future schedule to completing the required work around the casino site that impacts the parking. 24. On March 12, the Director gave a presentation to the SR 7/441 update in our City for improvements to include landscaping, resurfacing, crosswalks, sidewalks, etc. KEEP MIAMI GARDENS BEAUTIFUL Appling for U&CFG • $15,000 Earth Day Art Competition • Recycled Art /Meets Project Runway Earth Hour 2009 • Getting residents and businesses to involved and finding funding for give away Landscape Maintenance • 441 irrigation system has been expanded on the slope and new grass has been dropped to replace the dead grass. It will take a month to complete the entire area. North entrance sign on 441 has been entirely planted out with drought resistant shrubs. • Plants that were destroyed by cars have been replaced throughout 27 Ave. Dead and dying gold mound plants are systematically being replaced throughout 27 Ave. • A thorough check of our irrigation system on 27 Ave has been done and measures are being taken to correct problem zones. Only 1 zone is currently down. Installation of water features on 27 Ave and 215 Ave • Coordinating with Miami-Dade county, Calder Race Course and Dolphin Stadium • Submitted-Requesting $50,000-$55,000 Miami-Dade CIAB • Appling for $75,000 funding for 183rd Street Project Miami Gardens Drive Beautification Project • FDOT Approved • Highway Beautification Grant Extension approved • Bids are in Arbor Day 2009 2Page 170 of 204 • Over 1000 trees given to residents Community Beautification projects • Ongoing • 1 major community projects completed this month New Television PSA • Video are being played on cable stations and theatres New Staff • Hired three new personnel School Presentations • Taught first school group in garden Green Building Coalition • Work in progress FINANCE DEPARTMENT (William Alonso, Director) 1) Completed the February 2009 monthly budget reports for the new fiscal year, it has been posted on the city’s website and will be presented to Council during the next meeting on March 25. 2) Completed and mailed out to all residents, the award winning FY2008 Popular Annual Financial Report, the second year of this report. 3) Held the FY09-10 budget kickoff meeting in council chambers, presented all departments with their budget workbooks which will provide a structured process for this year’s budget preparations. 4) Set up meetings with the City of Pembroke Pines for the week of March 23 in order to obtain information on their charter school operations. 5) Closed on the $7.3 Million land acquisition bond for the purchase of the Warren Henry property, at the same time closed on the city’s purchase of the lane. 6) Prepared loan amortization tables for the purchase option to be negotiated with Warren Henry. HUMAN RESOURCES (Taren Kinglee) Coordinated series of free Florida Retirement System (FRS) sponsored workshops for employees on debt management, financial, retirement, and estate planning. Consultation with outside council through Florida League of City regarding pending litigations 3Page 171 of 204 Participated in the City’s Eden’s User Group meeting Completed salary/benefits surveys for the University of Georgia and Florida League of Cities Conducted site safety inspection for Miss Miami Gardens event; collected reimbursement from at-fault party for damage to City property Fire extinguisher inspection conducted for police station and city hall buildings Updated Material Safety Data Sheets (MSDS) – Right-to-Know books for Parks department Responded to several public records request Held several meetings with department supervisors regarding recruitment, discipline and performance management. Developed job descriptions, administered benefits, responded to salary/benefit surveys, etc. Monthly Statistics Se Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug – Sep Applications/resumes received 692 704 403 394 507 723 Positions Advertised 5 9 1 4 7 8 Interviews Conducted 85 42 84 25 94 48 Pre-employ Physicals 18 11 15 15 21 11 Background/Reference Checks 14 17 9 10 13 8 New Hires 35 5 11 6 9 5 Workers Comp Claims 4 13 17 15 16 15 Exit Interviews 1 1 1 1 1 0 Promotions 4 0 0 8 1 0 DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) CIP • Conducted interviews for project manager • Worked with CPZ re: additional services proposal for MGCC 4Page 172 of 204 • Worked with staff to transition the CIP function • Worked with Building, Finance, and project managers to update/all project status and expenditures for CIP Police Department/School Crossing Guard • Red Light Camera Project Management o Special Master process o Construction management o Crime and Subsidized Housing Analysis o Stimulus Funding coordination Code Enforcement • Worked with staff to address outstanding issues with the Banquet Halls • Worked with staff to address outstanding issues with Dixon Nursery • Implement Micro Fiche project • Identified properties for Code Lien Foreclosures • Implemented BTR-inventory Affidavit process Other • Strategic Planning Forum • Held Staff Communications Forum • Prepared Legislative Program • Education Compact Coordination w/School Board • Budget Process Preparation • Charter Review Commission research • Spoke on “ Bridging the Gap Between Church and Community” at Love Fellowship Ministries Fundraising Banquet at FMU Participated in the following Meetings/Committees (outside agency meetings): o Urban Area Security Initiative o Miami Dade County Scholl Board re: Compact POLICE DEPARTMENT (Chief Matt Boyd) Police Department Staff TOTAL BUDGETED POSITONS: 245 TOTAL HIRED TO DATE: 243 • 1 Chief • 1 Deputy Chief • 3 Majors • 9 Captains 5Page 173 of 204 • 24 Sergeants • 150 Police Officers • 10 Community Service Aides • 17 Telecommunications Operators • 1 Telecommunications Supervisor • 1 Records Supervisor • 4 Records Clerks • 1 Executive Secretary • 5 Administrative Assistants • 2 Property Control Officers • 1 Custodian • 1 Court Liaison/Off Duty • 2 Crime Analysts • 1 Administrative Analyst • 1 Investigative Assistant • 6 Crime Scene Technicians The monthly activity for the Operations Division for the month of February 2009 is as follows: ARRESTS: • FELONY 116 • MISDEMEANOR 340 • TRAFFIC 529 • DUI 10 • WARRANT 29 TOTAL ARREST 1024 CITATIONS: • MOVING 1762 • NON-MOVING 1272 • PARKING 327 TOTAL 3361 FIELD INTERVIEW CARDS 1068 TOTAL # OF EVENTS 8095 REPORTS WRITTEN 2120 TRAFFIC CRASHES 283 The monthly activity for the Support Services Division for the month of February 2009 is as follows: 6Page 174 of 204 Property and Evidence, Number of property items processed: 263 -Property Received 36 -Property Rejected 12 -Property Released 66 -Property out to Lab 0 -Property to be Disposed Number of reports processed and number of requests made at window for records: Reports Processed 2,319 /Walkup Requests at Window 634 /Mail Logged In 258 /Amount Collected At the Window $79,288.00. Number of calls received by dispatch: CAD Calls = 11,097 Phone Calls = 11,678 FCIC Entries = Approximately 283 Training hours = 0 Overtime Hours = 421.5 Temp Hours = 0 Court Liaison and Off-Duty 427 Subpoenas processed and delivered to officers. 160 Court slips entered into Eden for payroll processing. 153 Off duty slips processed and entered into Eden for payroll. 4 New off duty vendor requests processed and staffed. 120 Deposition subpoenas stamped and delivered to officers. 5 Permanent off-duty jobs coordinated. Fleet, Radio and Computer Management: 69 Vehicles were calibrated here at the police compound by Leo Calibrations. The monthly monthly activity for the Professional Standards Division for the month of February 2009 is as follows: • Two Complaints: Case #2009-00 Case #2009-02 TRAINING • Classes Attended: 19 • Hours Taught: 1173 • Participants (Officers/Civilians): 83 OUT OF TOWN TRAINING • Property and Evidence Association of Florida 2009 Training Conference-Orlando, FL 7Page 175 of 204 The monthly activity for the Investigations Division for the month of February 2009 is as follows: Arrests – Total: 347 Felonies – 142 Misdemeanor – 185 Traffic – 20 U.S. Currency Seized – $3,229 Vehicles Recovered – 27 Vehicles Recovered Value-$331,000 Vehicles Processed-31 Property Recovered Value-$2,103 Firearms Seized – 6 Search Warrants 7 Narcotics Recovered – 168 Grams of Marijuana 17.5 Grams of Cocaine Total Cases Assigned 485 219 48.99% Scenes Processed by Crime Scene Investigations Unit-146 SPECIAL PROJECTS DIRECTOR (Brandon DeCaro) Administration • New Capital Projects Director started 3/02/2009. • New Project Manager accepted the position on 3/10/09. The background check and screening for the new PM is in progress. • Capital Projects Department moved offices to 300 building (old School Police office) on 3/13/09. Planning & Design Police Building • Awaiting settlement with Architect for the new Design Plans scope for the CSI Lab Unit and the remodeling of the Sergeants Work Room. Met with the new Architect to discuss the proposed work. Meeting scheduled for 3/19/09 to finalize the scope and fee for the proposed interior remodeling. New City Hall • Preliminary Program and cost estimate being developed for staff review. Fueling Facility • Received 100% Construction Documents • WASA and DERM review in progress • WASA has three environmental concerns that are being responded to by the A/E. 8Page 176 of 204 Rolling Oaks Park: • Phase I Improvements include: Installation of 2 athletic fields, parking (and overflow parking) lots, fencing, roundabout, and concession/restroom facility. o DERM: Plans approved for permitting; tree removal permit approved o Fire: Plans approved for permitting o WASD (sewer connections): currently in review o North Miami Beach: Plans in review o Department of Health: Plans approved for permitting • Sewer Pipe up-grade may be required by City of North Miami Beach for connection to the system. • Met with A/E on 3/12/09 to coordinate the completion of the Construction Documents. Bunche Park & Pool • Phase I Improvements include: Construction of entire pool parcel including pool house, parking paving/striping/drainage, lighting, fencing, landscaping, and signage. o Fire: Plans approved for permitting o WASA: currently in review o DERM: surface water permit approved Brentwood Pool • Purchase Order issued for installation of exercise trail and playground. North Dade Optimist • Phase I Improvements include: Construction of new building at approx. 3,000 sq. ft includes six restrooms, small concession/kitchenette, and storage rooms; 114 parking space lot with paving, drainage, irrigation and landscaping, football field & lighting relocation and minor landscaping; Construction of lift station. o Parks plans approved by Fire. Currently being reviewed by DERM and WASD o Lift Station: Received approval by WASD and DERM. Plans in review by Building Department • Sports lighting plans approved for permit; ITB # ITB#08-09-030 out for bid for installation of lights at park Norwood Park & Pool • Tennis court resurfacing 80% complete; fence replacement 80% complete. • Requested south-side tennis courts converted into (2) basketball courts. New goal posts have been installed. • New pool equipment and furniture (i.e. lift guard stand, ADA lift, life vests, shower seats) continues to be delivered. • Prepared estimate of probably cost for replacement of existing pool piping. • Repair work for pool building temporarily on hold until scope for pool piping replacement has been finalized. Construction Miami Gardens Community Center (MGCC) • Main Building 9Page 177 of 204 o Duct work installation in Locker room and Administration in progress. o Caulking interior frames of curtain wall in progress at pool; Installing tile at gutter o Electrical conduit runs in progress. o Tilt panels in place. Roof framing, deck and lightweight concrete are in place. o Plumbing and electrical systems are substantially underway. o The pool tile finishes have been finalized and finishing of the pool surfaces is underway. o Water main connection along NW 32nd Avenue ongoing. o Excavation for installation of underground telephone connection continues. • Restrooms o Prepping for score joints on parapet in progress. • Track/Football field o Installation of sports lighting in progress. • Weekly Construction Progress meetings are on-going. • Finishes have been selected for the Community Center. • The project is 53% completed. The final $3,000,000 of funding will be requested from the grant. The project has reached the estimated contingency fund allocation. City Hall Renovation • Building 300 received received the “Temporary CO” on 3/11/09 and staff moved in on 3/13/09. Police Building • Glanz Technologies pending approval from Miami Dade and the City of Miami Gardens for the fire alarm system. The contractors have finished the punch list work and are awaiting the final inspections. • Final inspections have been scheduled by Miami Skyline Construction. Partial approvals of construction activities with the Building and Fire Departments have been performed. The door access security system has been completed. • General contractor is ready to close-out the project once the final inspections are completed. • The Required completion date for the project has passed. Systems are substantially complete. Miami Carol City Park • Contractor for new Recreation Building and Site Improvements on hold pending final approval of site utility plans from WASA and DERM. Rolling Oaks Park (Four new tennis courts) • Permit approved and pulled for installation of 4 new tennis courts. • Pre-construction meeting held with GC on 3/3/12/09. Shop Drawings submitted and work is ongoing. Brentwood Pool • Pre-construction meeting held with GC on 3/9/09. • Construction began on new playground installation and vita course equipment on 3/11/09. • Tennis and basketball courts resurfacing completed. 10Page 178 of 204 • Demolition of handball fence and wall completed. The existing concrete slab will be used as an ADA fitness cluster station. Meetings/Events: • Owner-Direct Purchases, MGCC, 3/10/09 • ADA Issues, MGCC, 2/24/09 • Webinar, Critical Need for Improving Process Efficiency in Government, 2/25/09 • Bridge Painting for FDOT Noise Wall & landscaping design along NW 183 St/14 Ave, 3/3/09 • Strategic Planning Process, Part II, 2/27/09 • Interview panel for Project Manager position, 2/17/09 • Site Visit to Norwood Park with McCourt Construction re: tennis-to-basketball court conversion • Front Porch Partner Up Initiative, 2/11/09 SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • Car Seat Event – February 21, 2009 • Car Seat Presentation-February 24, 2009 (Babies-R-Us ,Aventura, Florida) Meetings Attended: • SCG Staff Meeting – March 3, 2009 • Departmental mtg. w/DCM Farmer • Director’s Mtg.-March 9, 2009 • Agenda Review/Staff Meeting • CTST Coalition Meeting-March 2, 2009 Meetings scheduled: • CTST Meeting on Monday, May 4, 2009. Pending Tasks: Employee Incident Reports: • Total: 1 Terminations: 2 Resignations: 3 New Hires: 0 CODE ENFORCEMENT (Temp: Roderick Potter) • Met with staff and coordinated the business tax receipt /certificate of use licensing project. • Continued with late night PD ride along to address illegal night club activities and will continue as needed. • Reviewed and completed 9 lien reduction applications. • Addressed resident’s complaint regarding warning notices issued for dead trees on property, house in need or painting and junk & trash on property. 11Page 179 of 204 • Met with the Chief Building Inspector and townhouse home owners to explain the necessary steps to come into compliance regarding illegal sheds in the rear of their properties. PERSONNEL Staff Development: • All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) network and training. • Conducted general staff meetings. • Conducted Intranet training for all staff. CODE Stats: October November December January February March Business Tax Receipt Inspections 83 78 59 48 100 Certificate of Use Inspections 80 77 59 48 100 Landlord Permit Inspections 271 59 23 11 9 Warning Notices Issued 365 270 268 314 414 Civil Violation Notices Issued 144 107 87 82 88 Re-Inspections 557 439 706 554 498 Special Master Hearings 40 23 21 20 12 Massey Hearings 60 34 64 91 52 Lien Reduction Request Hearings 4 7 2 9 6 Extension Requests 44 40 40 34 26 Complaints Received 160 103 114 216 201 Proactive Cases 284 261 339 165 303 Cases Closed Within 30 Days 316 215 198 192 248 Cases Closed Within 60 Days 19 10 23 14 9 Cases Closed Within 90 Days 19 24 92 46 11 Special Operations-Code 11 9 0 43 10 Special Events 0 0 0 0 0 Illegal Signs Removed 743 855 839 856 766 Phone Calls Received by CEOs 250 174 208 201 220 Parking Tickets 16 50 54 30 17 12Page 180 of 204 Issued Lien Searches 72 56 89 84 73 Joint Operations-MGPD 4 4 2 0 1 PD Requests for CE 29 9 4 9 12 Stormwater Postings 0 0 7 4 0 Abandoned Vehicles -Tagged 16 17 28 25 30 Abandoned Vehicles -Towed 3 1 3 4 7 ASSISTANT CITY MANAGER (Vernita Nelson) • City Hall Expansion to include Suite 300, CDBG, and Fleet is complete. Now working with business park management to secure parking spaces for city visitors, employees and fleet. • City Council – Working on several projects such as Miami Gardens GET FIT Initiative, Historical Museum of South Florida Black Crossroads, Future Men of Miami Gardens Mentoring Program • Fleet Division – Working with staff, during time of transition, to ensure quality support service. Fleet Manager position has been posted. • Media & Events Division – Continue to provide assistance with coordinating logistics for 2009 Jazz in the Gardens and 2009 Miss Miami Gardens Pageant. • Parks & Recreation Department --Continue to assist with several capital improvements projects: tennis courts at Rolling Oaks Park, courts at Norwood Park, North Dade Optimist Park, Brentwood Pool and Miami Gardens Community Center. • Procurement Division – Assisted with various bids and quotes: Swimming Management Services, janitorial services, interior painting services, and catering services. • Worked with Departments/Divisions to bring several resolutions before Council. • Weekly Department/Division Meetings • Miami Gardens /Opa Locka Youth Violence Initiative – Year 3 scope of work and budget has been approved by the Children’s Trust. • Community Assessment Team –Working with Miami Carol City Senior High School’s Administration and CAT to address school level, regional level, and community level issues which may hinder student performance. Additional Meetings: 13Page 181 of 204 • 2/16 – City of Opa Locka Street Renaming (Obama) Ceremony • 2/17 – Interviewed Candidates for the position of Capital Projects Manager • 2/20 – Progressive Young Adults Committee Meeting • 2/21 – Miss Miami Gardens Scholarship Pageant • 2/23 -Interviewed Candidates for the position of Public Works Operations Manager • 2/25 – City Council Meeting • 2/26 – Tour of City Hall with Painting Contractors and Swimming Pool Management Bid Negotiations • 2/27 – Strategic Planning Session • 3/3 – Black Crossroads Photography Exhibit arrives to City Hall • 3/5 – YWCA Miami Garden Committee Meeting • 3/9 – Director’s Meeting • 3/10 – EDEN Users Meeting • 3/12 – Miami Gardens /Opa Locka Youth Violence Prevention Coalition Meeting and Interviewed Candidates for the position of Receptionist MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • Jazz in the Gardens has taken a life of its own. We have already surpassed last year’s attendance numbers and are well over the 20,000 mark. The 2009 sponsorship drive has also been a successful element of this event. Sponsors were immediately attracted to the artists featured on the roster and to the promotional value we deliver on behalf of sponsors. Tickets are still on sale. We sold out all our reserved sections several weeks ago, however due to the high demand, we added to more reserved sections with 244 seats per section. We also added a Garden Lounge with seating for 300 people (this section will have tables and chairs, however folks will have to purchase a pass for this area once they enter the event area. For more information about tickets, event day schedule and other event information, please visit www.jazzinthegardens.com . • This year the City hosted its 2nd Annual Miss Miami Gardens Scholarship pageant on February 21st at The Lou Rawls Performing Arts Center located on the FMU campus. Four hundred fifty people attended the event to support the 11 young women who competed for the Miss Miami Gardens crown and a $2500 college scholarship. Seventeen year old Vanessa Charles, a a local high school student and member of the Miami Gardens Junior Council won the Miss Miami Gardens tile, and the opportunity to compete and represent the City of Miami Gardens in the Miss Florida Pageant. This year’s pageant contestants shared a moment with Miss America 2004, Ericka Dunlap, who participated in the pageant program. This year’s event was a success; we sold out the show and crowned a new queen who is sure to make us proud. For more information about the event and to view the event pictures, visit www.missmiamigardens.com. • We are in the process of coordinating a Health Fair in collaboration with the Parks and Recreation Department and the Front Porch organization. Council Oliver Gilbert is hosting this event that will take place at Bunch Park on Saturday, March 21, 2009. Health providers will be available to provide medical screenings and wellness information. Fitness instructors will also be onsite programming activities throughout the day and 14Page 182 of 204 sharing health tips and advice in an effort to promote health and exercise. Activities will include Latin dance, line dancing, Zumba and rock climbing and obstacle courses. • Collaborating with the Anti-Violence Coalition to create media Campaign • Beginning to plan for the Mayors State of the City Address • Beginning to plan the Hurricane Expo • Working with Community Development on several initiatives in need of media relations services. House replacement Program. • Attended the Strategic planning meeting. • We now have on board a news monitoring service that will allow us to monitor and measure all the news being published locally, nationally and internationally about Miami Gardens. • North Star Ideas, Inc. was awarded the City’s branding contract. This campaign is geared to re-invent the image and brand of the City. This will be a six to nine month project. • Our public relations efforts are ongoing. Please see the Community Outreach Department for press clippings, pictures or items of the sort. We are also placing advertisement and purchasing media for other departments. PURCHASING (Pam Thompson) 1. Prepared and issued eight bids/RFP: Municipal Marketing Purchase of 2009 Fleet Vehicles LDR/Zoning Ordinance Consultant Installation of Musco Fixtures @North Dade Optimist Park Neighborhood Stabilization Program Swimming Pool Management & Maintenance Services Federal Lobbyist Landscape Architectural – Streetscape Improvements 2. Prepared and issued three quotations: Recreation area painting Commercial pool heater maintenance Newsletter printing 3. Preparing specifications for the following: Printing Services – city wide Annual Contract for Storm Drain & Canal Maintenance Long & Short Term Disability Insurance Installation of Security System – City Hall 15Page 183 of 204 Annual Contract for Wiring/Cabling Services CDBG Demolition Services Annual Contract for Catering Services Parks Summer Programs – Catering, Cultural, Physical Janitorial Services – City Hall facilities Lawn Equipment parts & repairs annual contract Annual contract for maintenance of fleet vehicles (brakes, batteries) 4. Issued 100 Purchase Orders 5. Continue to maintain Fixed Assets (ongoing) 6. Continue to order and assist with auditing fuel card program 7. Continue to train and assist City staff on Eden software 8. Continue entering contracts into Contract Management (ongoing) 9. Continue entering vendors into Bids & Quotes – bid vendors (ongoing) 10. Assist IT with preparation of vendor on-line registration 11. Updating the Procurement Web Page Purchases $25,000-$50,000 Date Vendor Service/Project Amount 3/10/09 HD Supply ODP -MGCC $35,185.00 2/20/09 Appletree Café Tour JIG $37,500.00 2/19/09 McCourt Const. Resurface Basketball Ct -Brentwood $46,800.00 INFORMATION TECHNOLOGY (Ronald McKenzie) This Status report covers the activities of the Information Technology Department for the period from 2/17/2009 through 3/17/2009. It is organized into the following areas: o Significant Accomplishments 􀂃 Continued employee training for various Microsoft products. Training was held in Outlook, Excel, SharePoint and OneNote. Additional classes will continue to be held until 85% of employees are familiar and comfortable with the various applications. 􀂃 Completed Database for all city issued Mobile users. Sent out bills to department heads for distribution to their staff to identify personal from business calls, as per the policy. Will continue this process until all employees are on stipend. Expect to have all employees on stipend by April 30, 2009. 􀂃 Installed and configured Laserfiche licenses for Web Access. Now residents can access archived Council Meeting Agendas and Code Enforcement files. 16Page 184 of 204 􀂃 Set up area in Suite 300 for Code Enforcement. Connected scanners and laserfiche. They are now working to archive all files and make selected ones available via the web. 􀂃 Sent broadcast to Department heads with info for obtaining reports via our internal web on all phone calls made and received by person for their department. Process should be used to analyze and correct deficiencies and improve productivity. 􀂃 Updated presence for many departments on the Website. 􀂃 Continued implementing “Keywords” for internet searches on the City Web Site. 􀂃 Working to configure ISA (Web Access Management) server to monitor all web traffic. 􀂃 Completed initial phase of work with Planning and Zoning on the EDEN Improvement Initiative. Completed 100% of their reports. Gave instructions to Bhairvi for cleaning up the database. Gave P&Z price quote from EDEN to further clean up database and get to a clean Parcel Refresh. Will continue to support them through this process. 􀂃 Began working with Public works on their reports and permits in EDEN. About 10% complete with these items. 􀂃 Created form and report for Code saving the City $1000 (that was the price that EDEN quoted to do the work). 􀂃 Began deploying users into Suite 300. Finished set up for Internal Affairs, SCG, Capital Improvement Projects and most of Parks. 􀂃 Cleaned up users at Cloverleaf and set up systems for remaining users at that site. 􀂃 Working on Equipment and IT solution for new Public Works Facilities 􀂃 Working on Equipment and IT solution for Caroll City Community Center. o Significant Issues 􀂃 Message Switch at PD having issues. Working with OSSI, Dell and Network Security Consultant around the clock to find solution. So far, it appears the issue may be the server itself. 􀂃 Ran close to capacity on email and file storage. Purchase a new NAS for storage. Mounted it and suite 300, brought it up and copied files to it. This 17Page 185 of 204 gives us enough storage to last until we come up with a permanent Capacity plan. 􀂃 Working aggressively to improve EDEN experience. Most major issues have either been resolved or are being worked on for most departments. 􀂃 Additional equipment needed for redundancy of CAD, RMS and other services as PD. Cost for all equipment expected to exceed $50K. Now looking at enterprise capacity planning, virtualization and redundancy that may encompass the redundancy needed for CAD and RMS. o Schedule Status 􀂃 Deployed Laserfiche Web Module. 􀂃 Looking to deploy EDEN Customer Request module by end of June. 􀂃 Looking to configure and deploy ISA Server by end of March 􀂃 Looking for Asset Management System. (May have solution as one of my staff has worked on a program and is currently creating an inventory and attaching bar coded labels to PD assets. Will continue to improve on this process. Saving of a successful solution created in-house will be about $18000 to the city.) 􀂃 Working on K9 Module for PD o Travel Activity 􀂃 Gardimyr Scheduled to attend Microsoft Course in April ‘09 􀂃 Sylvia scheduled to attend Microsoft Course in April ‘09 􀂃 Mario scheduled to attend Cisco Boot Camp April ‘09 􀂃 Chas scheduled to attend Microsoft Course March ‘09 􀂃 Mbaxi scheduled to attend Microsoft Course April ‘09 􀂃 Ricardo scheduled to attend Microsoft Annual Conference May ’09. 􀂃 Tristan Scheduled to attend OSSI conference in June ’09. • Attended the Transportation Mobility Workshop for The Aging, sponsored by the Alliance for Aging. COMMUNITY OUTREACH (Lillie Odom) • Attended the Miami Dade Chamber of Commerce Annual Business Leaders Event. • Attended the sixth International Women’s Award Event. 18Page 186 of 204 • Participating on the committee for the Sickle Cell Disease Association of America-Miami –Dade County Chapter, Inc. for the event – 5K Walk/Run taken place at Dolphin Stadium on March 2l, 2009. • In conjunction with the Planning and Development Department, coordinating contacts for the Geographical Neighborhoods and identifying the areas in the city that have no representation. • Coordinating an event with the Elderly Affairs Committee in partnership with the Florida Department of Elderly Affairs Communities for a Lifetime entitled; “Intergenerational Fashion Show” to be held on April 19, 2009, 4:00 pm at the Marian Center in Miami Gardens. • The Elderly Affairs Committee will also sponsor a second event on April 30, 2009; “Annual Health Fair” to be held at North Dade Regional Library 9:30am – 12:30 Pm. • “Adopt-a-School Initiative” Project -Attending on-going meetings and telephone conferences with committee members for this contractual process. This initiative by the Mayor is presently functioning with the designated partners. The followup process is keeping in touch with principals of the schools as well as the organizations and faith-base groups. • Commission for Women – Attending monthly meetings, assisting with the coordination of several projects that will be taking place in the city by the members of the commission, such as: • Preparing a Volunteers Bank to be available for any City events and assistance in some assigned offices. • Collecting and coordinating historical; articles, pictures and artifacts of the areas within the city. Continuing to meet and speak with residents to acquire these items prior to the incorporation of the city. FLEET SERVICES (Orlando Wray) Fleet services representative performed daily and weekly inspections of Public works, Parks, Code Enforcement and Police vehicles. Obtained estimates and photos of crashed vehicles for Risk Management to review and approve. Met with insurance adjuster; providing access to crashed vehicles located at police parking facility. Replaced missing hubcaps on patrol cars and maintain spare tire inventory. Frequent visits to repair or body shop for follow up on vehicles in repair status. 19Page 187 of 204 Schedule drop off and pick up of all vehicles that needed warranty or minor services completed. Set up vehicles for warranty repairs at respective body shops. Scheduled large machinery vendor to perform routine preventive and maintenance service on various equipment assigned to parks and public works departments. Organized yearly inspection and certification on nine Public Works vehicles identified to have a gross vehicle weight of 26000 lbs or higher as required by the FDOT. Fleet services Administrative assistant completed requisitions for purchase of equipment needed by parks, Public Works and Fleet services office. Prepared files for five new police vehicles purchased including bill of sale and temporary tag. Coordinated with Emergency vehicle Supply the VIN and tag numbers associated with numbering the new patrol units. Received on invoices for vehicle maintenance parts and fleet needs. Entered and organized vehicle weekly equipment checklists information Review fuel receipts and checklists from all departments to perform fuel reconciliation report. Contacted appropriate vehicle operators or supervisor for missing information. Completed training of Weekly equipment checklist at the police station for Platoon D. PARKS & RECREATION DEPARTMENT REPORT (Kara Petty) A.J. King Park • There are twenty-two children enrolled in the After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • There is line dancing taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. Brentwood Park • There are forty children enrolled in the After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Seniors are meeting every Monday, where seniors enjoy social interaction and some recreation activities. The seniors attended a trip to Lion Country Safari on March 13th. 20Page 188 of 204 They enjoyed a tour around the grounds and got up close and personal with the wildlife. Buccaneer Park • There are nineteen children enrolled in the After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess and tennis. In addition, certified teachers improve their reading, math and science skills. • Seniors are meeting every Friday, where seniors enjoy social interaction and some recreation activities. The seniors attended a trip to Lion Country Safari on March 13th. They enjoyed a tour around the grounds and got up close and personal with the wildlife. • On Tuesdays through Thursday from 9:00-10:30am seniors get fit in Line Dancing. • Monday through Thursday from 6:30-7:00am the seniors exercise around the park. • There is line dancing offered on Saturdays from 8:30a.m.-12:00noon for adults various ages. Bunche Park • There are eight children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. • Seniors are meeting every Friday, where seniors enjoy social interaction and some recreation activities. The seniors attended a trip to Lion Country Safari on March 13th. They enjoyed a tour of the grounds and got up close and personal with the wildlife. • The playground was re-surfaced. • Six sprinkler head were stolen throughout the park. Cloverleaf Park • Seniors are meeting every Wednesday, where seniors enjoy social interaction and some recreation activities. The seniors attended a trip to Lion Country Safari on March 13th. They enjoyed a tour of the grounds and got up close and personal with the wildlife. • The administration division for Parks and Recreation has moved to City Hall. Lake Lucerne Park • There are fifteen children enrolled in the After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. • There is line dancing taking place on Tuesday and Thursday nights from 6:30pm until 8:00pm. • We have a Jazz/Ballet class with 8 children and a Hip Hop class with 6 children attending. Miami Carol City Park • There are twenty-five children enrolled in the After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. • Walkers exercise around the park starting at 7:00a.m. 21Page 189 of 204 • March 7th, staff organized and conducted the first annual Multi-family yard sale at Brentwood Park. This was a great community event where the parking lot was full of residents and buyers. There were over 30 households that sold at this event. Myrtle Grove Park • There are nine children enrolled in the After-school program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. Norwood Park • There are thirty-two children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. • Norland Sr. High Girls Softball team is having weekly games at our site. • The tennis courts have been resurfaced and two of the four tennis courts have been changed to basketball courts. This will alleviate the traffic in front of the Recreation building. Rolling Oaks Park • There are forty children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. • There is line dancing taking place on Wednesday, 6:30pm until 8:00pm. • Seniors are meeting every Thursday, where seniors enjoy social interaction and some recreation activities. The seniors attended a trip to Lion Country Safari on March 13th. They enjoyed a tour of the grounds and got up close and personal with the wildlife. • Work on the old trailer has been completed and both trailers are now in use. • The new tennis court installation has begun. There will be two new courts with lights when completed. Scott Park • There are thirty-two children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, and tennis. In addition, certified teachers improve their reading, math and science skills. • Scott Lake Track Club is having off training Monday through Friday 6:30p.m.-8:00p.m. • Carol City Sr. High Boys Baseball Team is practicing and having weekly games at our site. • The playground has been refurbished. • February 21 was a special event where the city provided free trees to the community. Vista Verde Park • Vista has been operating a Community program for school-age children. The program allows children in the community to interact with others structurally. • The children in the community ages 5-12 also have the opportunity to participate in the drop in program where they will receive homework assistance, outdoor activities, and a snack. The program will operate Monday through Friday. Athletics 22Page 190 of 204 Sports Development: Basketball and cheerleading will be ended on March 14th. There were 50 participants for basketball and 7 for cheerleading. Flag football and cheerleading registrations have begun. The program will start March 26th at Miami Carol City Park. Tennis: City of Miami Gardens Parks and Recreation is a part of the Tennis in the Parks Community. This promotes tennis participation throughout the community in hopes of youth and adults to find an appreciation for tennis. The department offers classes on Saturday mornings at Buccaneer Park. In addition, the first Tennis Night in America program on March 2nd. After-School Tennis: Select participants of the City of Miami Gardens After-School Program have been chosen to be a part of an after-school tennis program held at St. Thomas University. This program is conducted by Coach Bruce Carrington and the program is from 4pm-6pm on Tuesdays and Thursdays. It will allow our kids to work with college coaches and participate on collegiate facilities. Walking Club: The Walking Club currently has 18 members . Marian Center: Our staff conducts fitness and arts and crafts with students of the Marian Center every Tuesday and Thursday morning. The Marian Center is a group of the handicapped population. We have about 30 participants with 6 staff members assisting. City of Miami Gardens Youth Basketball Tournament: The basketball tournament this year will be held on April 10th and 11th at Miami Carol City Senior High School. It will showcase the talent of our youth around the city in friendly competition. Teen Programs For the third nine weeks of the school year the Teen Leadership Academy has been focusing on Government. The teens have been engaging in topics such as the Presidential Inauguration, African-Americans in Government, and how a bill becomes a Law. The Government track runs till March 26, 2009. The F-CAT test is the week of March 9th so our teachers and Leadership coaches have been working with the participants to get them ready for the test. Our program teachers have administered benchmark tests and have worked with each child one on one in the areas that they need improvement. The number of participants enrolling in our program has continued to increase. We now have 34 participants. On Thursday March 5th, our Contract Manager from The Children’s Trust came to monitor our program. We have done well with our outcomes and scope of services. Recreation Staff Trainings 23Page 191 of 204 Feb. 23-24: Four staff attended training on How to Manage Multiple Sites Meetings Feb. 18: Football clubs Feb. 19: Agenda review Feb. 20: Special event policy review Feb. 20: Summer camp and program logistics Feb. 24: Bid Whist Feb. 24: Health and fitness Feb. 24: Miami Gardens Community Center Feb. 24: Football clubs Feb. 25: Council meeting Feb. 26: Pool management Feb. 27: Strategic Plan Mar. 2: Web steering committee Mar. 2: FLYAA Board meeting Mar. 3: Pool tour for start of season Mar. 5: Agenda review Mar. 5: Flag placement Mar. 9: Director’s meeting Mar. 9: Summer camp bids Mar. 10: Brentwood Pool playground and fitness equipment Mar. 11: Council meeting Mar. 12: Family Fall Festival committee PARKS MAINTENANCE DIVISION A J King Park o 20 Janitorial visits to clean up park site o 2x Premises blown o 5 Landscaping visits o Grass cut & watered grounds o 2/9 Planted trees around containers o 2/11 & 2/18 Herbicide grounds o 2/13 Inspected Rolling door at park o 2/18 Replaced broken swing on playground o 2/20, 2/23, 2/27 & 3/2 Inspected and troubleshot system o 2/26 Repaired a break by pump house and covered hole o 2/26 Covered hole with dirt o 2/26 Getting 4 baseball mounds for baseball field o 2/27 Replaced some broken heads o 20 Trash removals Andover Park o 23 Janitorial visits to clean up park site o 2x Premises blown o 1 Landscaping visits o Grass cut & watered grounds 24Page 192 of 204 o 2/20, 2/25 & 3/2 Inspected and troubleshot system o 2/26 Installed a baseball mound o 3/2 Repaired broken swing chain o 23 Trash removals Brentwood Park & Pool o 19 & 21 Janitorial visits to clean up park site o 2 & 4 Landscaping visits o 1x &1x Premises blown o 2/26 Stripped & Waxed o Grass cut & watered grounds o 2/13 Inspected Rolling door at park o 2/19 Installed angle iron metal in Roll-up Bay Door o 2/20 & 3/2 Inspected and troubleshot system o 2/23 (pool) Removed rocks on basketball court o 2/25 Sprayed Cricket field o 2/18 Repaired broken water spigot o 3/3 Inspected irrigation pipes in flower garden o 19 & 21 Trash removals o 3/3 Replaced broken sink faucets in kitchen o 3/3 Replaced 2 water faucets in the building Buccaneer Park o 21 Janitorial visits to clean up park site o 1x Premises blown o 4 Landscaping visits o Grass cut & watered grounds o 2/20 & 3/2 Inspected and troubleshot system o 2/23-2/24 Set out and worked on quick connect o 3/3 Removed 2 broken tables and BBQ to place in dumpster o 1 Trash removal Bunche Park & Pool o 19 & 28 Janitorial visits to clean up park site o 3 & 3 Landscaping visits o Grass cut & watered grounds o 18x & 0x premises blown o 19 & 28 Trash removals o 2/10 Sprayed round-up on the baseball field o 2/20 & 3/2 Inspected and troubleshot system o 2/25 Took 2 baseball mounds to Scott Park o 3/6 Replaced broken water hose bib City Hall (Suite 300) o 0 Delivered office furniture Cloverleaf Park o 25 Janitorial visits to clean up park site 25Page 193 of 204 o 3x Premises blown o 1 Landscaping visit o Grass cut & detailed grounds o 2/20 & 3/2 Inspected and troubleshot system o 25 Trash removals Inspection Station o 15 Janitorial visits to clean up site o 2/19, 2/26, 2/28, 3/7, Cleaned Trucks o 1x Premises blown o 5 Landscaping visits o 2/11 Spread Road Rock o 2/11 Spread road rock to put in equipment attachment o 2/12 Finished preparing the road rock o 2/13 Inspected Rolling door at park o 2/10, 2/16, 2/23 and 2/25 General maintenance on equipment (check oil, sharpen blades, etc) o 2/20 & 3/2 Inspected and troubleshot system o 2/23 Installed a security light in the south side of the building o 2/24 Took 4 loads of dirt to fill hole o 2/24 Transplant Oak tree from Inspection Station to A J King Park o 3/3 Installed connector for the lights on the trailer o 3/4 Fixed PVC pipe on ice machine o 15 Trash removals Jordan’s Landing o 1 Landscaping & Trash removal visits Lake Lucerne Park o 21 Janitorial visits to clean up park site o 2x Premises blown o 2/26 Stripped & Waxed o 2 Landscaping visit o Grass cut & watered grounds o 2/19 Installed grass o 2/19 Repaired a broken line and changed 4 quick connects o 2/20 & 3/2 Inspected and troubleshot system o 2/27 Dumped a desk and table to garbage o 21 Trash removals MGCC Acreage o 3 Landscaping visit o 3 Trash removals MGPD o 0 Janitorial visits to clean up site 26Page 194 of 204 o 2/9 Inspected ice machine (went to pick up materials) o 2/9 Installed 6 sound panels in 2 offices. o 2/9 Installed 2 lights in woman’s bathroom o 2/10 Cut 4 cones for the back of station o 2/10 Installed connection for ice machine o 2/20 Removed car seat from electrical room o 2/20 Reorganized a closet o 2/20 Removed old light fixture in fingerprint area and installed a new one o 2/20 Changed 4 light bulbs (2 each in men’s locker room and lobby) Miami Carol City Park o 40 Janitorial visits to clean up park site o 3x Premises blown o 5 Landscaping visits o Grass cut & watered grounds o 2/10 Sprayed round-up on the softball field o 2/13 Inspected Rolling door at park o 2/20 Sprayed field o 2/18, 2/20 & 3/2 Inspected and troubleshot system o 2/23 Replaced wooden boarder around baseball field o 2/24 Used Bobcat to assist irrigation with leak from pump o 2/24 Repaired a major broken main line o 40 Trash removals o 2/25 Closed open space near the wooden banner part of trailer o 2/26 Installed a baseball mound o o 3/2 Installed a fence around the bottom of trailer o 3/2 Removed exposed metal piece Miami Job Corps o 19 Janitorial visits to clean up park site o 3 Landscaping visits o Grass cut & detailed grounds o 2/10 Sprayed round-up on the softball field o 2/17 Sprayed field o 19 Trash removals Myrtle Grove P&P o 32 & 23 Janitorial visits to clean up park site o 4x Premises blown o 1 & 1 Landscaping visits o Grass cut & watered grounds o 2/20 & 3/2 Inspected, changed some heads, and troubleshot system o 32 & 23 Trash removals North Dade Opt o 19 Janitorial visits to clean up park site o 1 Landscaping visits o Grass cut & detailed grounds 27Page 195 of 204 o 2/20 & 3/2 Inspected and troubleshot system o 19 Trash removals Norwood P&P o 32 & 23 Janitorial visits to clean up site o 4x Premises blown o 2 & 2 Landscaping visits o 2/18 & 2/23 Watered baseball field o 2/20 & 3/2 Inspected and troubleshot system o 2/25 Removed wooden bleacher and take to the Inspection Station o 2/26 Installed a baseball mound o 3/5 Fixed pop up in middle of baseball diamond o 32 & 23 Trash removals Public Works o 2/11 Compacted the road rock in the yard Risco Park o 19 Janitorial visits to clean up park site o 2 Landscaping visits o 2/10 Repaired security door in pump station o 2/10 Sprayed round-up on the softball field o 2/11 Secured security gate for mechanical room and office area o 2/11 Welded 2 gates o 2/12 inspected and replaced light in mechanical room o 2/21 Sprayed baseball field o 19 Trash removals Rolling Oaks Park o 32 Janitorial visits to clean up park site o 2/11 & 3/5 Chemical cleaned pavilion o 4x Premises blown o 1 Landscaping visits o Grass cut & detailed grounds o 2/3 Delivered office furniture o 2/19 Removed graffiti o 2/20 Replaced wood fence o 2/20, 3/2 Inspected and troubleshot system o 3/3 Installed the metal “s” in the yellow gate located in parking lot o 32 Trash removals Scott Park o 19 Janitorial visits to clean up park site o 4 Landscaping visits o 18x Premises blown o Grass cut & trimmed trees o 2/10 Sprayed round-up on the softball field o 2/11 Sprayed baseball field 28Page 196 of 204 o 2/13 Bases reset and built pitcher mound o 2/13 Getting the material for the baseball fence o 2/15 Installed the baseball fence o 2/17 Repaired broken swing in playground area o 2/17-2/18 Removed graffiti and painted pump room o 2/18, 2/23,2/25, 3/2 &3/4 Watered baseball field o 2/20 & 3/2 Inspected and troubleshot system o 19 Trash removals o 3/4 Replaced wooden boarder around baseball field o 3/4 Removed BBQ grill from premises Vista Verde Park o 20 Janitorial visits to clean up park site o 2x Premises blown o 1 Landscaping visits o 2/17 Painted inside office o 2/20 & 3/2 Inspected and troubleshot system o 20 Trash removals 201st Street and 39th Ave. o 0 Landscaping visit o 0 Trash removal 20357 NW 38th Court o 0 Landscaping visit o 0 Trash removal 183rd and 14th – 17th Avenue o 0 Landscaping visits o 0 Trash removal • 0 Trash removal On March 6, the Maintenance Division attended the Florida Recreation and Parks Association’s annual Turf Rodeo. They placed sixth overall and won 6 trophies for individual individual categories. ASSISTANT CITY MANAGER FOR BUSINESS SERVICES (Dan Rosemond) Assistant City Manager Tasks 􀂾 Unsafe Structures-there are currently approximately 30 cases at various stages of the process. However, we have not moved forward with the demolition of any of these structures. Moreover, there is no process in place to ensure that we record liens on these properties for expenditures made. This is being addressed. 􀂾 Building Department re-structuring-as a result of the Director’s voluntary demotion, we are looking at the overall staffing levels and determining a more efficient structure 29Page 197 of 204 in light of the slowdown in building permits. A recommendation for staffing level adjustments and re-structure is forthcoming. 􀂾 Electronic document storage-given the building department’s current location, we are rapidly running out of room to store plans and related documents. We are getting information from two companies that can provide EDS services inclusive of scanning and data management. 􀂾 Calder Casino-this project is moving along and they are currently awaiting approvals from DERM, WASA, & Fire before submitting plans for City approval. Owner desires to start construction in May and be completed in time for Super Bowl. We will try to expedite our process to ensure timely completion of our plans review and subsequent permit issuance. 􀂾 Administrative Foreclosure Program-Council approved a resolution authorizing the City to proceed with this program based on established criteria. This program will provide a Lien Amnesty Period that will allow properties with extensive liens to pay 5% of total outstanding liens. 􀂾 Strategic Planning Retreat-to date, all documents have been submitted to Donna Ginn (consultant) who will compile a final strategic plan document, inclusive of each objective and their corresponding goals and strategies. This document will be incorporated into our budget process. Community Development Director Tasks 􀂾 NSP update: o Received and executed contract for $6.8M. Effective date is March 1, 2009. o Issued Request for Proposals soliciting formal interest from developers to participate in this program. Due date is March 27, 2009. 􀂾 Power-up program is an energy efficiency program benefiting homeowners by providing them a free workshop to help them conserve energy in their homes. In exchange for attendance at this workshop, residents will receive a $250 voucher from Lowes to buy select items that will help with energy conservation. Staff has coordinated with Finance to utilize our P-cards to purchase these items, hence getting some financial benefit from each transaction. 􀂾 Livable Neighborhoods Initiative-the plans for the Kings Gardens I & II neighborhoods have been approved by DERM and we are ready to issue the Invitation to Bid. Getting this project completed will help the City make a compelling argument to the other neighborhoods about the benefit of voluntarily conveying the roads to the City. Participated in the following meetings: 􀂾 Police, DCM, & Planning-to discuss analysis of subsidized housing on crime stats in the City 􀂾 Ware IT is-Electronic Document storage company demo 30Page 198 of 204 􀂾 Affordable Housing Advisory Committee 􀂾 Indra-a software development company with a program to create an integrated egovernment system BUILDING DEPARTMENT (Ramon Aronte) REVENUES: Building Permits $ 113,973.83 Certificate of Occupancies (CO) 0.00 General Fund 76,675.00 TOTAL $ 190,648.83 E XPENDITURES $ 244,732.64 PERMIT APPLICATIONS SUBMITTED Building 239 Certificate of Occupancies 14 Demolition 1 Electrical 66 MDC Permit Closures 0 Mechanical 26 Plumbing 35 TOTAL 381 INSPECTIONS Building 552 Electrical 261 Mechanical 60 Plumbing 215 TOTAL 1088 U NSAFE STRUCTURES CASES: 8 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 1 Total – Construction Value $ 180,000.00 Residential Permits 0 Total – Construction Value $ 0.00 M AJOR PROJECTS: 1. Last month the Building Department reported a new procedure to improve customer service. In changing the internal procedure, the Building Department’s Call Center is now verifying the fees applicable to the permit and supplying the information to the customer at the 31Page 199 of 204 time of notification the permit has been approved for permit issuance. This has shortened the amount of time the customer must wait when the permit is being picked up. 2. The Building Department is continuing to updated information and documentation on the Website. 3. The Building Department is continuing to work alongside with the Information Technology (IT) Department to further research Electronic Plan Review for possible cost effective implementation. 4. The Building Department is continuing to work on the complete permitting process Standard Operating Procedures (SOP). 5. The Building Department is creating Crystal Reports for employee performance reports and continuing work on a requested report from the Property Appraiser’s Office which is still in progress. DEVELOPMENT SERVICES (Jay Marder) PLANNING – Jay Marder and Bhairvi Pandya LAND DEVELOPMENT REGULATIONS -Jay Marder, Bhairvi Pandya, Cyril Saiphoo • RFP for Zoning Code/Land Development Regulations o Received proposals from three zoning consultants in response to the Request for Proposal/Scope of Services. Proposals are under review; anticipate issuing a notice to proceed in early April, assuming successful contract negotiation. • Sign Code o Revising Sign Applications to reflect recent amendments o Revised Sign Code Document Per Amendments in January 2009; will revise code per March 2009 amendments relative noncommercial copy. o Enforcement: Code Enforcement will be visiting businesses to bring them into compliance with BTR/CU requirements; at the same time they will provide a warning for noncompliance with window sign requirements which were required to be permitted and compliant in August 2008; businesses will also receive a copy of the sign code application form which includes an excerpt of the code for window sign criteria and standards. • Billboards o Drafted amendments to code regarding noncommercial copy which were adopted March 11, 2009. o Compiled files for public information request • Dolphin Center DRI – Scheduled meeting with Miami-Dade Dade County Planning and Zoning Director to determine process to coordinate amendments to the Dolphin Center DRI. 32Page 200 of 204 PLANNING – Jay Marder and Bhairvi Pandya • Subsidized Housing – Provided newsletter article to Community Outreach regarding Council’s December 2008 meeting and presentation; Continue working on subsidized housing comparison data. All information is now on the City’s web page under Planning and Zoning. Ongoing work with Police Department to map crime incidents. • Water Supply Facilities Amendment to Comprehensive Development Master Plan – Ongoing – Note: Bhairvi Pandya who is managing this project was on family leave during this monthly reporting period. Required Water Supply related amendments will involve amending several elements of the CDMP. • Neighborhood Communication Initiative – Held work sessions with Community Outreach Specialist Lillie Odom to identify individuals who would represent each of the neighborhoods. Also identified potential changes to draft neighborhood map boundaries. Provided list of contacts and map with neighborhoods and street names. Ongoing. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner o Development Review Committee – Finalized City’s DRC process and procedures. Administrative Order to be issued by City Manager enacting the DRC. o DRC comments for JPM Enrichment Centre, Follow up with Applicant on comments, traffic study analysis. Follow up with Miami Dade County on status of property ownership, including two meetings at Miami Dade Office of Economic Development. o DRC comments for Gatehouse Developments for Jasmine Laurel project. Reviewed re-submittal of plans and traffic analysis. o Set Up Intranet Site for DRC – Posted comments and plans for review on City’s Intranet site. o Calder Race Track DRC comments. Followed up with Calder Race Track on addressing Police comments. Facilitated meeting with Police and Calder group on Police and security issues to resolve DRC comments. o Coordinate DRC upcoming DRC meeting. Upcoming projects from Florida Memorial University 500 unit dormatories and Florida International Academy for Charter School on 183rd Street. • Public Hearings o Presented staff recommendation at Zoning meeting for Jasmine Laurel Gatehouse. o Presented Deletion of Condition for application for 580 NW 183rd Street at Zoning Meeting. o Processed application submittal for Florida International Academy. o Processed re-submittal for Calder Sign variance. • Building Permits o Conducted 45 building plan reviews o Conducted 11 site inspections • Sign Code Permits: o 5 sign plan permits processing o 0 window sign permits processed 33Page 201 of 204 o 2 Temporary sign permits processed o Note: Sign Plan application fees were greatly discounted at sign code adoption. Many businesses are aware of the code and are submitting their plans. These plans will eventually result in Building Permits • Zoning Verification Letters o Processed 6 Zoning Verifications • Address Assignments o Processed 2 new Address Assignments; • CRHs o Processed 4 CRH (Community Residential Home or Group Home) 1,000’ radius verification letters; in addition, sent letters to old approved applicants to determine if any action has been taken to establish a CRH in order remove from “approved” inventory of homes if no action taken. • Certificate of Uses o Reviewed 52 Certificate of Use/Occupational License Applications o Denied 3 CU applications • Plats o Coordinate with County on ROW closure for Norwood Final Plat. o Coordinate Final Plat review for Calder Race Track. o Warren Henry Tentative Plat reviewed and approved by Zoning. • Enforcement: Good Sheppard CU determinations. Site inspections with Code Enforcement for use determination. • Coordination with Police Department. Coordinated with Code Enforcement and Police Department on issues of banquet halls, night clubs, and restaurants for sweep operation. • Bakerman Law Office on 203rd Street – Reviewed Code Enforcement magistrate decision and recommend that applicant submit for BTR and CU. • Palmetto Gardens Plaza – Reviewed issues related to a potential bowling alley use with alcoholic beverages. • City of North Miami Beach – followed up and coordinating with City on installing landscape path and wall around Water Plant per condition of approval. • Dixon Nursery – reviewed file and zoning determination made on nursery use. • Florida Memorial University – meeting with University group on zoning issues for construction of 500 room dormitory. • Enforcement: Ongoing Church of God inspection and CU determinations. Site inspections with Code Enforcement for use determination. • LuLu’s Car Wash – Reviewed plans for buffer wall requirement adjacent to residential zoning/use; determined that plans were approved correctly and that masonry buffer wall must be built as approved. EDEN/IT Issues • As a result of meeting with Building Department, developing SOP for entering addresses and permits. • As a result of reviewing sign permitting processes, incorporating “process” flowchart for use by Building Department into the Sign Plan Application form. 34Page 202 of 204 • Parcel Refresh – Project on hold until Bhairvi Pandya returns from leave at the beginning of March. • Address Clean-Up – This is called the address validating process whereby duplicate addresses are merged to eliminate duplicates. Planning and Zoning will implement this process once technical ability to do so is established. • We-Based Applications – Met with IT to work on establishing web-based permits. GIS – Bhairvi Pandya (on family leave during majority of this reporting period) and Ben Sens, Planning Intern • Zoning Maps-Completed 2 individual Zoning/Public Hearing applications including: aerial, mail notice radius, and proposed zoning-Complete • CRH maps -Completed individual 2 CRH/Group Homes applications with a 1,000 feet radius.-Complete • Code Enforcement Zone Map Update-Updated current code enforcement zones -Complete • Neighborhood Stabilization Program-Completed map outlining realtor areas with census tracts-Complete • Geographic Neighborhood Map – Updated the map by adding in all local roads roads within the City-Complete Other Activities • Maintenance of Foreclosed Properties-Researched ordinance and completed jurisdiction comparison-Ongoing • Maintenance of Foreclosed Homes: Completed draft of ordinance and jurisdiction comparison-Ongoing • Code Enforcement Lien Amnesty Program-Completed pamphlet and administrative documents to educate property owners on proposed ordinance. OTHER ACTIVITIES – • Economic Stimulus Package – The City of Miami Gardens was counted as a community of greater than 100,000 persons for the purpose of the economic stimulus package. As an FYI, earlier in 2008 the Planning and Zoning Department became aware of discrepancies at the US Census regarding the City’s population. The Census Bureau had the City of Miami Gardens population decreasing from 2000 to about 97,000 persons in 2007. This was brought to the Department’s attention by Vice Mayor Watson and Councilman Bratton through a conversation with Census officials in Washington. With data compiled from the Building Department, the Department successfully challenged the Census’ figures which were adjusted to about 107,000. While we have not specifically checked to determine whether this successful challenge lead the City of Miami Gardens to be counted as a 100,000 plus community, it would have been disappointing had we not been counted as such. • Meetings during 2008 – Compiled list of public meetings during 2008 for City Manager’s use. 35Page 203 of 204 36 • Urban Garden Program – Attended program at Cloverleaf Park sponsored by the City’s Coalition for Preventing Youth Violence program • Transportation Concept – Reviewed a potential road extension project by Miami Dade Expressway Authority • Affordable Housing Advisory Committee – Attended meeting Page 204 of 204