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HomeMy WebLinkAboutDecember 8, 2010 City Council Agenda Regular City Council Agenda December 8, 2010 Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: December 8, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: January 12, 2011 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Lisa C. Davis Councilman André Williams Councilwoman Felicia Robinson 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 Regular City Council Minutes – October 27, 2010 Regular City Council Minutes – November 10, 2010 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Chief Matthew Boyd, City of Miami Gardens’ Police Department Month Report Page 1 of 276 Regular City Council Agenda December 8, 2010 Page 2 F-2) Danny O. Crew, City Manager – Five Year Service Pin(s)/Employee of the Month F-3) Ronetta Taylor, MMC, City Clerk –Florida Institute of Government IEMO F-4) Liz Valera, NSP Administrator – NSP Quarterly Report (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 BORROWING OF THREE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($3,375,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA CAPITAL IMPROVEMENT REVENUE BONDS OR THE DELIVERY OF A LEASE OBLIGATION NOT TO EXCEED THREE MILLION THREE HUNDRED SEVENTYFIVE THOUSAND DOLLARS ($3,375,000); PROVIDING FOR SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS OR LEASE OBLIGATION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (J) RESOLUTION(S)/PUBLIC HEARING(S) J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING AN AMENDMENT TO THE 2008-09 CDBG-R SUBSTANTIAL AMENDMENT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (K) CONSENT AGENDA K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MORPHOTRAK, INC., FOR THE PURCHASE, INSTALLATION, MAINTENANCE AND TRAINING RELATED TO AN AFIS STATION, IN THE AMOUNT OF EIGHTY-NINE THOUSAND Page 2 of 276 Regular City Council Agenda December 8, 2010 Page 3 FIFTY-NINE DOLLARS ($89,059.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF SONJA MANNINGS TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM IN ACCORDANCE WITH ORDINANCE NO. 2009-12-184; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN LISA C. DAVIS’ APPOINTMENT OF DASJA SAINTREMY TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM IN ACCORDANCE WITH ORDINANCE NO. 2009-12-184; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) K-4) A RESOLUTION OF THE CITY COUNCIL OF OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S REAPPOINTMENT OF CAROLYN MAYS TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM IN ACCORDANCE WITH ORDINANCE NO. 2009-12-184; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN SHARON PRITCHETT) K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILMAN ANDRE WILLIAMS’ REAPPOINTMENT OF J. PHILLIP TAVERNIER TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM IN ACCORDANCE WITH ORDINANCE NO. 2009-12-184; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AUTHORIZING THE CITY Page 3 of 276 Regular City Council Agenda December 8, 2010 Page 4 MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AMENDMENT TO THE AGREEMENT WITH MIAMI-DADE COUNTY FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT FOR THE PROVISION OF INFORMATION TECHNOLOGY SERVICES, WITH THE TOWN OF MIAMI LAKES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-8) 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 AMENDMENT #4 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI GARDENS, FLORIDA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING MAYOR GIBSON’S APPOINTMENT OF J. PHILLIP TAVERNIER TO THE CARIBBEAN AFFAIRS COMMITTEE FOR A THREE-YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AWARDING A BID TO TRANS FLORIDA DEVELOPMENT CORP, IN THE AMOUNT OF TWO MILLION, NINE HUNDRED EIGHTY-ONE THOUSAND, SIX HUNDRED FORTY-FIVE DOLLARS AND THIRTY-TWO CENTS ($2,981,645.32), PLUS A TEN PERCENT (10%) CONTINGENCY FOR A TOTAL AWARD OF THREE MILLION, TWO HUNDRED SEVENTY-NINE THOUSAND, EIGHT HUNDRED NINE DOLLARS AND EIGHTY-FIVE CENTS ($3,279,809.85), FOR COMPLETION OF THE N.W. 7th AVENUE ENHANCEMENTS; Page 4 of 276 Regular City Council Agenda December 8, 2010 Page 5 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT ALLOWING THE CITY OF MIAMI GARDENS TO PARTNER WITH MIAMI–DADE COUNTY PUBLIC SCHOOLS PROJECT VICTORY PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN FELICIA ROBINSON’S APPOINTMENT OF JIMMIE PARROTT TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONORED BY COUNCILWOMAN FELICIA ROBINSON) K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE DELIVERY OF A LEASE OBLIGATION OF THE CITY OF MIAMI GARDENS, FLORIDA FOR FOR THE PURPOSE OF FINANCING THE COSTS OF A TRAFFIC SAFETY CAMERA SYSTEM, AND PAYING COSTS OF ISSUANCE OF THE LEASE OBLIGATION; ACCEPTING THE COMMITMENT OF SUNTRUST EQUIPMENT FINANCE & LEASING CORP. (“SEFLC”) TO PROVIDE THE FINANCING; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT WITH SEFLC; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT WITH SEFLC AND SUNTRUST BANK; AWARDING THE LEASE OBLIGATION TO SEFLC; AND PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) K-14) 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 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND AMERICAN TRAFFIC SOLUTIONS, INC. (“ATS”), IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED Page 5 of 276 Regular City Council Agenda December 8, 2010 Page 6 HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S) L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPOINTING MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE MIAMI GARDENS EXCELLENCE IN EDUCATION COUNCIL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR GIBSON) (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) MANAGER’S MONTHLY REPORT (N) REPORTS OF MAYOR AND COUNCIL MEMBERS (O) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN 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./2750, 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. 2750. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Lease-Purchase Agreement 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 Dr. Danny Crew, City Manager Department: City Manager’s Office Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE BORROWING OF THREE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($3,375,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA CAPITAL IMPROVEMENT REVENUE BONDS OR THE DELIVERY OF A LEASE OBLIGATION NOT TO EXCEED THREE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($3,375,000); PROVIDING FOR SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS OR LEASE OBLIGATION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City’s red light camera provider (ATS) has approached the City with a request for the City to purchase the physical assets (cameras, poles, etc) of ATS under a lease-purchase agreement. They are planning to take their company public and this would assist in that effort. They are willing to pay all costs associated with the financing agreement including all fees for bond counsel, issuance costs, principal payments and interest payments. This would make it a ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Capital Improvement Revenue Bond Page 7 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 no-cost deal for the City. In addition to covering all costs, ATS would also pay the City $120,000 per year in addition for doing the financing agreement. The first year’s payment would be an up-front cash payment. Future payments would be recognized as a reduction in our payment to them for our monthly processing charges. In order to complete the transaction, Council adopted a financing ordinance (Attached) during a Special Meeting held on December 1, 2010. SunTrust bank has been working with ATS on these agreements and has agreed to work with Miami Gardens as well. A key component of being able to take advantage of this opportunity for the City to realize additional revenue under the new financing structure, was being able to complete the financing by the end of the calendar year. Due to the time constraints, Jeffery DeCarlo was asked to serve as the City’s bond Counsel as he has knowledge of the agency and has served the City before in in such a financing agreement. All bond counsel fees will be paid by ATS. The Lease purchase proposal the City received from SunTrust is a five year-term at a tax-exempt rate of 2.27%. This rate is good till December 20, 2010. The debt service is to be paid monthly. The City will lower its monthly payment to ATS by the same amount of the debt service; therefore, it has no financial impact to the City. Proposed Action: Recommend that City council approve the proposed bond-financing ordinance on second reading. Attachment: Page 8 of 276 {M1935175_1} ORDINANCE NO. 2010-___ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE BORROWING OF THREE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($3,375,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA CAPITAL IMPROVEMENT REVENUE BONDS OR THE DELIVERY OF A LEASE OBLIGATION NOT TO EXCEED THREE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($3,375,000); PROVIDING FOR SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS OR LEASE OBLIGATION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City desires to authorize the borrowing of Three Million Three Hundred Seventy-Five Thousand Dollars ($3,375,000), and to authorize the issuance of bonds or the delivery of a lease obligation, which may be taxable or tax-exempt, not exceeding Three Million Three Hundred Seventy-Five Thousand Dollars ($3,375,000) for the purpose of financing the costs of a traffic safety camera system, and paying costs of issuance of the bonds or lease obligation, and WHEREAS, pursuant to Section 4.3 of the City’s Charter, an ordinance must be adopted in order to authorize the borrowing of money, and WHEREAS, the Council desires that the bonds or lease obligation be secured by a covenant to budget and appropriate sufficient available funds in each fiscal year, as further specified by subsequent resolution of the Council, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. AUTHORIZATION: In accordance with the provisions of the Charter of the City of Miami Gardens, Florida and Chapter 166, Florida Statutes, the City Council of the City of Miami Gardens hereby authorizes the borrowing of Three Million Three Hundred Seventy-Seventy-Five Thousand Dollars ($3,375,000). The City Council further authorizes Capital Improvement Revenue Bonds (the “Bonds”) of the City, or a lease financing for the equipment (the “Lease”), which may be taxable or tax-exempt, in an aggregate principal amount not to exceed Three Million Three Hundred Seventy-Five Thousand Dollars ($3,375,000), in one or more series, for the purpose of financing the costs of a traffic safety camera system, and paying costs of issuance of the Bonds or Lease. If Bonds are issued, the Bonds shall be designated as “City of Miami Gardens, Florida Capital Improvement Revenue Bonds, Series 2010”or such other designation as may be approved by supplemental resolution, and if a Lease is entered into, the Lease obligation shall be designated and specified by supplemental resolution, and both shall be dated such date, shall have a term or maturity not later than six (6) years from the date Page 9 of 276 {M1935175_1} 2 of issuance of the Bonds or the date of execution of the Lease, shall bear interest or have an interest component from their dated date at a rate or rates not exceeding the maximum rate permitted by law at the time of issuance of the Bonds or the date of execution of the Lease, and shall have such other details, all as shall hereafter be determined by the Council by supplemental resolution.. The supplemental resolution may be adopted, and the Bonds may be issued or the Lease may be executed, at any time after the effective date of this Ordinance. SECTION 3. AUTHORIZATION: The City Manager and the City Finance Director are each hereby authorized to negotiate with banks and other financial institutions for the purchase of and terms of the Bonds or the terms of the Lease. The City Attorney and Bond Counsel to the City are hereby authorized to draft documents and to do all other things necessary to accomplish the issuance and sale of the Bonds or the execution of the Lease. SECTION 4. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 6. EFFECTIVE DATE: This Ordinance will become effective immediately upon its final passage. PASSED ON FIRST READING THE _____ DAY OF __________, 2010. PASSED ON SECOND READING THE _____ DAY OF __________, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF _______, 2010. SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 10 of 276 {M1935175_1} 3 CITY ATTORNEY Prepared by YOSS, LLP, Bond Counsel SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY: VOTE: Mayor Shirley Gibson ____(Yes) ____(No) Vice Mayor Aaron Campbell ____(Yes) ____(No) Councilwoman Lisa Davis ____(Yes) ____(No) Councilwoman Felicia Robinson ____(Yes) ____(No) Councilman Oliver Gilbert III ____(Yes) ____(No) Councilwoman Sharon Pritchett ____(Yes) ____(No) Councilman Andre L. Williams ____(Yes) ____(No) Page 11 of 276 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 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: Community Development Block Grant – Recovery (CDBG-R) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING AN AMENDMENT TO THE 2008-09 CDBG-R SUBSTANTIAL AMENDMENT; AUTHORIZING THE CITY MANAGER TO SUBMIT THE AMENDMENT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 (Recovery Act). Under the Recovery Act, $1 billion in Community Development Block Grant (CDBG-R) funds was appropriated for local governments to carry out eligible activities on an expedited basis. The City of Miami Gardens was awarded $371,207 in CDBG-R Funds. The City Council approved a Substantial Amendment to the 2008-09 Annual Action Plan on May 27, 2009. On May 12, 2010 the City Council approved an amendment to the Substantial Amendment, which outlined the following projects and budget for the CDBG-R funds: Housing Rehab (energy efficiency emphasis) $150,000 ITEM J-1) RESOLUTION PUBLIC HEARING Amendment to the 2008-09 CDBG-R Page 12 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Infrastructure Improvements (existing projects) $128,405 Public Services $ 55,681 Admin (10%) $ 37,121 Total CDBG-R $371,207 Current Situation The amendment approved on May 12, 2010 moved $55,681 from the Housing Rehab activity to a newly created Public Services activity. The intent of this amendment was to identify a funding source that would fund a job creation activity utilizing the City’s Lot Clearing and Board Up vendors. Upon review of the tasks required, and in meeting with the vendors, it was determined that the regulations governing the CDBG-R grant made it extremely cumbersome for these vendors to comply with the program requirement. In an effort to move the job creation initiative forward, City Staff was able to identify additional funding under the regular CDBG Entitlement Funds to fund Code Enforcement activities. The funding of Code Enforcement activities with CDBG allowed the previously budgeted General Funds to pay for the the Lot Clearing and Board Up services. Therefore Staff recommends reallocating the $55,681 from Public Services back to the Infrastructure Improvements activity. These additional funds will go toward completing the installation of stormwater drainage and the reconstruction of roads in the Bunche Park Neighborhood; specifically on NW 161 Street from NW 26 Ave to West Bunche Park Drive and NW 162 Street from NW 26 Ave to NW 162 Street Road. These two streets were identified because they either did not have, or had very few stormwater drains. Additionally, 33 new driveway approaches will be installed where none currently exists, to complete the infrastructure project. The following are the proposed projects and budget for the CDBG-R funds: Housing Rehab (energy efficiency emphasis) $150,000 Infrastructure Improvements (existing projects) $184,086 Admin (10%) $ 37,121 Total CDBG-R $371,207 A resolution is needed in order to amend the CDBG-R Substantial Amendment to move $55,681 out of the Public Services activity and into the Infrastructure Improvements activity. Proposed Action: Staff recommends the approval of the proposed resolution amending the 2008-2009 CDBG-R Substantial Amendment and authorizing the City Manager to submit the amendment to HUD. Attachments: • CDBG-R Substantial Amendment Page 13 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA AUTHORIZING AN AMENDMENT TO THE 2008-5 09 CDBG-R SUBSTANTIAL AMENDMENT; AUTHORIZING THE CITY 6 MANAGER TO SUBMIT THE AMENDMENT TO THE DEPARTMENT OF 7 HOUSING AND URBAN DEVELOPMENT (HUD); PROVIDING FOR THE 8 ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, on February 17, 2009, President Obama signed the American 12 Recovery and Reinvestment Act of 2009 (“Recovery Act”), and 13 WHEREAS, in accordance with the Recovery Act, One Billion Dollars 14 ($1,000,000,000.00) in Community Development Block Grant funding (“CDBG”) was 15 appropriated for local governments to carry out eligible activities on an expedited basis, 16 and 17 WHEREAS, the City of Miami Gardens was awarded Three Hundred Seventy-18 One Thousand Two Hundred Seven Dollars ($371,207.00) in CDBG-R funding, and 19 WHEREAS, the City Council approved a Substantial Amendment to the 2008-09 20 Annual Action Plan on May 27, 2009, and 21 WHEREAS, on May 12, 2010, the City Council approved an amendment to the 22 Substantial Amendment, which outlined certain projects and the budget for the funding, 23 and 24 WHEREAS, the Amendment approved on May 12, 2010 reallocated Fifty-Five 25 Thousand Six Hundred Eighty-One Dollars ($55,681.00) from the Housing Rehab 26 activity to a newly created Public Services activity, and 27 WHEREAS, the intent of the activity was to fund a job creation program utilizing 28 the City’s lot clearing and board up vendors, and Page 14 of 276 2 WHEREAS, upon review of the tasks required and t 29 he CDBG-R regulations, it 30 was determined that the regulations governing the grant made it too cumbersome for 31 the vendors to comply with the program requirements, and 32 WHEREAS, in an effort to move the job creation initiative forward, City Staff was 33 able to identify additional funding under regular CDBG entitlement funds to fund code 34 enforcement activities, and 35 WHEREAS, the funding of code enforcement activities with CDBG allow the 36 previously budgeted general funds to pay for the lot clearing and Public Services, and 37 WHEREAS, City Staff is recommending that the City Council reallocate the Fifty-38 Five Thousand Six Hundred Eighty-One Dollars ($55,681.00) from the Public Services 39 back to the infrastructure improvements activity, and 40 WHEREAS, these funds will go towards completing the installation of stormwater 41 drainage and the reconstruction of roads in the Bunche Park neighborhood, specifically 42 on NW 161 Street from NW 26 Avenue to West Bunche Park Drive and NW 162 Street 43 to NW 26 Avenue to NW 162 Street, and 44 WHEREAS, the following outlines the proposed project and budget for the 45 CDBG-R funds: 46 Housing Rehab (energy efficiency emphasis) $150,000 47 Infrastructure Improvements (existing projects) $184,086 48 Administration (10%) $ 37,121 49 Total CDBG-R $371,207 50 51 and, 52 WHEREAS, City Staff is recommending that the City Council approve the 53 required Amendments, 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 55 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Page 15 of 276 3 Section 1: ADOPTION OF REPRESENTATIONS: 56 The foregoing Whereas 57 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 58 made a specific part of this Resolution. 59 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 60 hereby authorizes an Amendment to the 2008-09 CDBG-R Substanial Amendment; and 61 authorizing the City Manager to submit the Amendment to the Department of Housing 62 and Urban Development (HUD). 63 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 64 upon its final passage. 65 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 66 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. 67 68 ___________________________________ 69 SHIRLEY GIBSON, MAYOR 70 71 72 73 74 ATTEST: 75 76 77 __________________________________ 78 RONETTA TAYLOR, MMC, CITY CLERK 79 80 81 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 82 83 84 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 85 86 Moved by: __________________ 87 88 VOTE: _________ 89 90 Mayor Shirley Gibson ____ (Yes) ____ (No) 91 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) Page 16 of 276 4 Councilwoman Lisa Davis 92 ____ (Yes) ____ (No) 93 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 94 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 95 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 96 Councilman Andre’ Williams ____ (Yes) ____ (No) 97 98 99 100 Page 17 of 276 Community Development Block Grant Program (CDBG-R) Funding Under the American Recovery and Reinvestment Act of 2009 (Notice FR-5309-N-01) The Annual Action Plan Substantial Amendment FY 2008-09 Annual Action Plan City of Miami Gardens Department of Community Development 1515 NW 167 Street, Bldg. 5, Suite 200 Miami Gardens, Florida 33169 As Amended – May 12, 2010December 8, 2010 Page 18 of 276 City of Miami Gardens CDBG-R Substantial Amendment – rev. 5-1012-08 Page 2 THE CDBG-R SUBSTANTIAL AMENDMENT Jurisdiction(s): City of Miami Gardens Jurisdiction Web Address: • www.miamigardens-fl.gov/cd CDBG-R Contact Person: Daniel A. Rosemond Address: 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, FL 33169 Telephone: 305-622-8000 ext. 2380 Fax: 305-622-8046 Email: drosemond@miamigardens-fl.gov ENSURING RESPONSIBLE SPENDING OF RECOVERY ACT FUNDS Funding available under the Recovery Act has clear purposes – to stimulate the economy through measures that modernize the Nation’s infrastructure, improve energy efficiency, and expand educational opportunities and access to health care. HUD strongly urges grantees to use CDBGR funds for hard development costs associated with infrastructure activities that provide basic services to residents or activities that promote energy efficiency and conservation through rehabilitation or retrofitting of existing buildings. While the full range of CDBG activities is available to grantees, the Department strongly suggests that grantees incorporate consideration of the public perception of the intent of the Recovery Act in identifying and selecting projects for CDBG-R funding. The City of Miami Gardens proposes this substantial amendment to its Program Year 2008 Annual Action plan to carry out activities in accordance with CDBG-R program requirements. CDBG-R funds will be utilized in two activities (housing rehabilitation & infrastructure improvements) that will promote energy efficiency and conservation and job creation. Both activities will expand on existing programs that are already in progress, but has limited fund available to complete the project. Rehabilitation will be performed to existing single-family housing stock to benefit low income individuals and households. The housing rehab program has policies already in place with guidelines specific to contractor selections. By following the existing housing policies, the City will meet the HUD requirement of awarding contracts based on bids within 120 days from the date the funds are made available. Infrastructure improvements will be done in an area previously identified as a one of the lowest income census tracts in the City. The City will use at least 50% of the funds for activities within this designated area that can be initiated not later than 120 days after the date of the enactment of this Recovery Act. Page 19 of 276 City of Miami Gardens CDBG-R Substantial Amendment – rev. 5-1012-08 Page 3 100% of funds for the two activities will be utilized for low income population. Also, ten percent (10%) of the CDBG-R funds will be utilized for administration of the program. A. SPREADSHEET FOR REPORTING PROPOSED CDBG-R ACTIVITIES Grantees must provide information concerning CDBG-R assisted activities in an electronic spreadsheet provided by HUD. The information that must be reported in the spreadsheet includes activity name, activity description, CDBG-R dollar amount budgeted, eligibility category, national objective citation, additional Recovery Act funds for the activity received from other programs, and total activity budget. An electronic copy of the spreadsheet and the format is available on HUD’s recovery website at http://www.hud.gov/recovery. Page 20 of 276 City of Miami Gardens CDBG-R Substantial Amendment – rev. 5-10 Page 4 CDBG-R ACTIVITY DATA SPREADSHEET Activity Name Activity Description Eligibility (Regulatory or HCDA Citation) National Objective Citation CDBG-R Project Budget ($) Additional Recovery Funds ($) Other Leveraged Funding ($) Total Activity Budget Housing Rehabilitation Rehabilitation of single family homes with emphasis on energy efficiency including but not limited to structural hardening, electrical upgrades, and plumbing repairs. 570.202 LMH $ 150,000 $0 $ 150,000 Infrastructure Improvements Expansion of existing infrastructure activities including street improvements within areas of the City that have already been identified. These improvements will include but are not limited to street drains, sidewalk repair, and streetscape. 570.201(c) LMA $184,086 $0 184,086 Program Administration Overall program management, coordination, monitoring and evaluation of activities 570.206 N/A $37,121 $0 37,121 Public Services Expansion of existing public services activities within the City, including but not limited to job training and creation. 570.201(e) LMC $55,681 $0 0000000 $ 371,207 Date: May 12, 2010December Jurisdiction/Grantee Name: City of Miami Gardens CDBG-R Fomula Grant Amount: $371,207 8, 2010 Page 21 of 276 City of Miami Gardens CDBG-R Substantial Amendment – rev. 5-1012-08 Page 5 B. CDBG-R INFORMATION BY ACTIVITY (COMPLETE FOR EACH ACTIVITY) (1) Activity Name: Activity # 01 -Housing Rehabilitation (2) Activity Narrative: Rehabilitation of single family homes with emphasis on energy efficiency and conservation including but not limited to structural hardening, electrical upgrades, and plumbing repairs. Where appropriate, construction will be performed with an emphasis on energy efficiency and materials purchased for this activity will be energy rated or recycled. 100% of the grant funds will benefit low income individuals and households. (3) Jobs Created: (Report the number of full-and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). It is estimated that approximately 5 jobs will be created through this activity. These jobs will be primarily in the area of construction. (4) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) This activity will stimulate the local economy in several ways. • Providing jobs for general contractors and subcontractors that are in our current pool of over sixty (60) contractors. Most of these entities are small business owners that have been hardest hit by the recession. • The purchase of materials from local vendors and manufacturers that have a focus on providing energy efficient products to the public. • Reduction in homeowner’s energy usage through the installation of energy efficiency products and materials. Homeowners will also benefit economically through the reduction in energy bills and insurance premiums. (5) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) City of Miami Gardens Department of Community Development Daniel A. Rosemond, Assistant City Manager/Community Development Director 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Page 22 of 276 City of Miami Gardens CDBG-R Substantial Amendment – rev. 5-1012-08 Page 6 (6) Activity Name: Activity # 02 –Infrastructure Improvements (7) Activity Narrative: The infrastructure improvements proposed in this is activity will expand an existing Bunche Park NRSA projects located in census tracts 00403-5, 00402-3 and 00402-4. Improvements will include street improvements within areas of the City that have already been identified. These improvements will include but are not limited to street drains, sidewalk repair, and streetscape. 100% of the grant amount will benefit low income individuals and households. (8) Jobs Created: (Report the number of full-and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). It is estimated that approximately 4 jobs will be created through this activity. These jobs will be primarily in the area of construction. (9) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) • All work performed in this activity will be consistent with smart growth practices of creating walkable neighborhoods. • Trees will planted that will require only limited irrigation while providing maximum shading benefit to the public access areas and surrounding buildings. • Projects will be developed with an emphasis of conservation of natural resources. (10) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) City of Miami Gardens Department of Community Development Daniel A. Rosemond, Assistant City Manager/Community Development Director 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Page 23 of 276 City of Miami Gardens CDBG-R Substantial Amendment – rev. 5-1012-08 Page 7 (11) Activity Name: Activity # 03 -Administration and Planning (12) Activity Narrative: Overall program management, coordination, monitoring and evaluation of activities in accordance with all statutory and regulatory requirements of the CDBG-R program and funding under the American Recovery and Reinvestment Act of 2009 (13) Jobs Created: (Report the number of full-and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs). Not applicable (14) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) Not applicable (15) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) City of Miami Gardens Department of Community Development Daniel A. Rosemond, Assistant City Manager/Community Development Director 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Page 24 of 276 City of Miami Gardens CDBG-R Substantial Amendment – rev. 5-1012-08 Page 8 (16) Activity Name: Activity #04 -Public Services (17) Activity Narrative: Expansion of the existing public services program being offered through the City. Particular emphasis will be placed on job training and job creation activities. These activities will assist the City of Miami Gardens in moving closer to achieving its goal of providing sustained services for the residents of Miami Gardens. (18) Jobs Created: (Report the number of full-and part-time jobs estimated to be created and retained by the activity (including permanent, construction, and temporary jobs)). It is estimated that approximately 5 jobs will be created through this activity. These jobs will be primarily in the area of construction. (19) Additional Activity Information: (A description of how the activity will promote energy conservation, smart growth, green building technologies, or reduced pollution emissions, if applicable.) This activity will stimulate the local economy in several ways. • Providing jobs and job skills training (if needed) for unemployed residents of the City. • Contractors that are located in the City will receive preference according to the City’s purchasing code, further stimulating the local economy. (20) Responsible Organization: (Contact information for the organization that will implement the CDBG-R activity, including its name, location, and administrator contact information) City of Miami Gardens Department of Community Development Daniel A. Rosemond, Assistant City Manager/Community Development Director 1515 NW 167 Street Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Page 25 of 276 City of Miami Gardens CDBG-R Substantial Amendment – rev. 5-1012-08 Page 9 C. PUBLIC COMMENT Provide a summary of public comments received to the proposed CDBG-R Substantial Amendment. Note: A Proposed CDBG-R Substantial Amendment must be published via the usual methods and posted on the jurisdiction’s website for no less than 7 calendar days for public comment. Response: On May 3, 2009, the City of Miami Gardens placed a Notice of Substantial Amendment in The Miami Herald, a newspaper of general circulation informing the public of a twelve (12) day comment period for the Substantial Amendment, exceeding the seven day public comment period required in the HUD Notice for the comment period. Subsequently, on May 24, 2009, a notice was placed in The Miami Herald announcing a public hearing scheduled for May 27, 2009, at which time; citizens are given another opportunity to comment on the use of the CDBG-R funds. Additionally, the draft Substantial Amendment was posted on the City’s website at www.miamigardens-fl.gov/cd. No public comments were received relative to the CDBG-R Substantial Amendment at the Public Hearing or in writing. Public Comment on Amendment to the Substantial Amendment: On May 2, 2010, the City of Miami Gardens placed a Notice of Substantial Amendment and Public Hearing in the Miami Herald, a newspaper of general circulation, informing the public of a seven (7) day comment period for the Substantial Amendment and announcing a public hearing scheduled for May 12, 2010. Additionally, the draft Substantial Amendment was posted on the City’s website at www.miamigardens-fl.gov/cd/index.html. No written public comments were received during the 7-day comment period, nor were any comments received during the public hearing on May 12, 2010. Public Comment on Amendment to the Substantial Amendment: On November 7, 2010, the City of Miami Gardens placed a Notice of Substantial Amendment and Public Hearing in the Miami Herald, a newspaper of general circulation, informing the public of a thirty (30) day comment period for the Substantial Amendment and announcing a public hearing scheduled for December 8, 2010 at the regular Council Meeting. Additionally, the draft Substantial Amendment was posted on the City’s website at www.miamigardensfl.gov/cd/documents.html. Page 26 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 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: Paul Coverdell Forensic Science Improvement Grant Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: Sole S X ource Acquisition Sponsor Name Dr. Danny O. Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MORPHOTRAK, INC., FOR THE PURCHASE, INSTALLATION, MAINTENANCE AND TRAINING RELATED TO AN AFIS STATION, IN THE AMOUNT OF EIGHTY-NINE THOUSAND FIFTY-NINE DOLLARS ($89,059.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE EFFECTIVE DATE. Staff Summary: On the Council meeting of October 27, 2010, City Council approved the acceptance of the “Paul Coverdell Forensic Improvement Grant” offered by the United States Department of Justice in the amount of $98,316.00, for the acquisition of an automated fingerprint identification system (AFIS). The AFIS station will allow law enforcement personnel to track cases, solve crimes (using fingerprints and palmprints,) to perform quality checks with more accurate results to solve cases quickly. The Miami Dade Police Department is the administrator for the AFIS connection and program in Miami Dade County. As such, all law enforcement agencies that operate an AFIS must connect to the Miami Dade Police Department system. In researching the industry providers of this product, staff found that only MorphoTrak Inc. can provide an AFIS Station that is compatible with the Miami Dade Police Department AFIS, located in Doral Florida. MorphoTrak has unique encoding algorithms and search routines, and and is the only product that can ensure continuous operation during implementation. In accordance with the City’s Sole Source procurement policy; and in an effort to ensure that there were no other products from potential vendors in the market that may provide the same technical functions, staff announced its intent to acquire an AFIS Latent Station on October 22, 2010 on the City’s website. A broadcast notification was ITEM K-1) CONSENT AGENDA RESOLUTION P.O. to Morphotrak, Inc. Page 27 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 sent to 111 vendors. Three (3) vendors reviewed the City’s announcement; however, no proposals were submitted. Staff therefore negotiated the sole source acquisition of the MorphoTrak AFIS Latent Station with MorphTrak Inc., of Anaheim California. As the developer and provider of the current existing sub-system, software application, and LSS units, only MorhoTrack, can provide the City and the region with an AFIS Latent Station that will ensure continuous uninterrupted functionality. Proposed Action: That the City Council authorize the City Manager to issue a purchase order to MorphoTrack Inc., of Anaheim California for the purchase, installation, maintenance and training of the AFIS Latent Station, in the amount of $89,059.00. Attachment: None Page 28 of 276 RESOLUTION NO. 2010____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MORPHOTRAK, INC., FOR THE PURCHASE, INSTALLATION, MAINTENANCE AND TRAINING RELATED TO AN AFIS STATION, IN THE AMOUNT OF EIGHTY-NINE THOUSAND FIFTY-NINE DOLLARS ($89,059.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, at the Council Meeting of October 27, 2010, the City Council approved the acceptance of the “Paul Coverdell Forensic Improvement Grant” offered by the United States Department of Justice in the amount of Ninety-Eighty Thousand Three Hundred Sixteen Dollars ($98,316.00) for acquisition of an automated fingerprint identification system (“AFIS”), and WHEREAS, the AFIS Station will allow law enforcement personnel to track cases and solve crimes using fingerprint and palmprint analysis, and WHEREAS, the Miami-Dade County Police Department is the administrator for the AFIS connection and program in Miami-Dade County, and WHEREAS, the City of Miami Gardens will be required to connect to the Miami-Dade Police Department system in order to operate an AFIS program, and WHEREAS, it has been determined that there is only one provider, MorphoTrak, Inc., that can provide an AFIS Station that is compatible with the Miami-Dade Police Department AFIS, and WHEREAS, in an effort to determine whether or not there were other products from potential vendors on the market that will provide the same technical function, City staff announced its intent to acquire an AFIS Latent Station on October 22, 2010 on the City’s website, and WHEREAS, a broadcast notice was sent to 111 vendors, and Page 29 of 276 2 WHEREAS, no proposals were submitted in response, and WHEREAS, City staff has negotiated a sole source acquisition of the MorphoTrak AFIS Latent System with MorphoTrak, Inc. of Anaheim, California, and WHEREAS, as the developer and provider of the current existing sub-system, software application and LSS units, only MorphoTrak can provide the City an AFIS Latent Station that will connect to the Miami Dade County System, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to issue a purchase order to MorphoTrak, Inc. for the purchase, installation, maintenance and training related to the AFIS Station in the amount of Eight-Nine Thousand Fifty-Nine Dollars ($89,059.00). 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 ____________, 2010. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: Page 30 of 276 3 __________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY CREW, CITY MANAGER Moved by: __________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____ (No) Vice Mayor Aaron Campbell ____ (Yes) ____ (No) Councilwoman Lisa Davis ____ (Yes) ____ (No) Councilman Oliver Gilbert, III ____ (Yes) ____ (No) Councilwoman Sharon Pritchett ____ (Yes) ____ (No) Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes) ____ (No) Page 31 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Vice Mayor Aaron Campbell Jr Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING VICE MAYOR AARON CAMPBELL JR’S APPOINTMENT OF SONJA MANNINGS TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Martin Luther King Committee (MLK), Vice Mayor Aaron Campbell Jr., hereby submits his appointee for membership in accordance with the Ordinance 2007-17-123, Sections (2) and (3). Upon approval of the City Council, the committee will recognize Sonja Mannings as an appointee of Vice Mayor Campbell These appointed members will adhere to duties and powers of the Advisory Committee as outlined in the Ordinance. Proposed Action: Vice Mayor Aaron Campbell Jr., is requesting that City Council ratify the appointment as submitted. Attachment: ITEM K-2) CONSENT AGENDA RESOLUTION Vice Mayor Campbells Appointment to MLK Committee Page 32 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Board application Page 33 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA CONFIRMING VICE MAYOR AARON CAMPBELL 5 JR’S APPOINTMENT OF SONJA MANNINGS TO THE DR. MARTIN 6 LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE 7 YEAR TERM; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Vice Mayor Campbell has appointed Sonja Mannings to serve as his 11 appointee to the Dr. Martin Luther King Jr., Holiday Steering Committee for a term of 12 one year, and 13 WHEREAS, it is appropriate for the City Council to confirm Vice Mayor Aaron 14 Campbell’s appointment of Sonja Mannings to the Dr. Martin Luther King Jr., Holiday 15 Steering Committee, 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 18 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20 made a specific part of this Resolution. 21 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 22 hereby confirms Vice Mayor Aaron Campbell Jr.’s appointment of Sonja Mannings to 23 the Dr. Martin Luther King, Jr. Holiday Steering Committee for a one year term. 24 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 25 upon its final passage. 26 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 27 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. Page 34 of 276 1 2 ___________________________________ 3 SHIRLEY GIBSON, MAYOR 4 5 6 7 8 ATTEST: 9 10 11 __________________________________ 12 RONETTA TAYLOR, MMC, CITY CLERK 13 14 15 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 16 17 18 SPONSORED BY: VICE MAYOR AARON CAMPELL JR. 19 20 Moved by: __________________ 21 22 VOTE: _________ 23 24 Mayor Shirley Gibson ____ (Yes) ____ (No) 25 Vice Mayor Aaron Campbell Jr. ____ (Yes) ____ (No) 26 Councilwoman Lisa Davis ____ (Yes) ____ (No) 27 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 28 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 29 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 30 Councilman Andre’ Williams ____ (Yes) ____ (No) 31 32 33 34 Page 35 of 276 Page 36 of 276 Page 37 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilwoman Lisa C. Davis Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN LISA C. DAVIS’ APPOINTMENT OF DASHA SAINTREMY TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Martin Luther King Committee (MLK), Councilwoman Lisa C. Davis hereby submits her appointee for membership in accordance with the Ordinance 2007-17-123, Sections (2) and (3). Upon approval of the City Council, the committee will recognize Dasha Saintremy as an appointee of Councilwoman Davis. These appointed members will adhere to duties and powers of the Advisory Committee as outlined in the Ordinance. Proposed Action: Councilwoman Lisa C. Davis is requesting that City Council ratify the appointment as submitted. Attachment: ITEM K-3) CONSENT AGENDA RESOLUTION Councilwoman Davis appointment to MLK Committee Page 38 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Board application Page 39 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA CONFIRMING COUNCILWOMAN LISA C. DAVIS’ 5 APPOINTMENT OF DASHA SAINTREMY TO THE DR. MARTIN 6 LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE 7 YEAR TERM; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Councilwoman Davis has appointed Dasha Saintremy to serve as 11 her appointee to the committee for a term of one year, and 12 WHEREAS, it is appropriate for the City Council to confirm Councilwoman Lisa 13 C. Davis’ appointment of Dasha Saintremy to the Dr. Martin Luther King, Jr. Holiday 14 Steering Committee, 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 16 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 17 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 18 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 19 made a specific part of this Resolution. 20 Section 2: AUTHORIZATION: The City Council of the the City of Miami Gardens 21 hereby confirms Councilwoman Davis’ appointment of Dasha Saintremy to the Dr. 22 Martin Luther King, Jr. Holiday Steering Committee for a one year term. 23 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 24 upon its final passage. 25 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 26 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. Page 40 of 276 1 2 ___________________________________ 3 SHIRLEY GIBSON, MAYOR 4 5 6 7 8 ATTEST: 9 10 11 __________________________________ 12 RONETTA TAYLOR, MMC, CITY CLERK 13 14 15 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 16 17 18 SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 19 20 Moved by: __________________ 21 22 VOTE: _________ 23 24 Mayor Shirley Gibson ____ (Yes) ____ (No) 25 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 26 Councilwoman Lisa Davis ____ (Yes) ____ (No) 27 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 28 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 29 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 30 Councilman Andre’ Williams ____ (Yes) ____ (No) 31 32 33 34 Page 41 of 276 Page 42 of 276 Page 43 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilwoman Sharon Pritchett Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN SHARON PRITCHETT’S REAPPOINTMENT OF CAROLYN MAYS TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A ONE YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Martin Luther King Committee (MLK), Councilwoman Sharon Pritchett hereby submits her appointee for membership in accordance with the Ordinance 2007-17-123, Sections (2) and (3). Upon approval of the City Council, the committee will recognize Carolyn Mays as an appointee of Councilwoman Pritchett. These appointed members will adhere to duties and powers of the Advisory Committee as outlined in the Ordinance. Proposed Action: Councilwoman Sharon Pritchett is requesting that City Council ratify the re-appointment as submitted. Attachment: ITEM K-4) CONSENT AGENDA RESOLUTION Councilwoman Pritchett appointment to MLK Committee Page 44 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Board application Page 45 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA CONFIRMING COUNCILWOMAN SHARON 5 PRITCHETT’S REAPPOINTMENT OF CAROLYN MAYS TO THE DR. 6 MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE FOR A 7 ONE YEAR TERM; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Councilwoman Pritchett has reappointed Carolyn Mays to serve as 11 her appointee to the Dr. Martin Luther King Jr Holiday Steering Committee, 12 for a term of one year, and 13 WHEREAS, it is appropriate for the City Council to confirm Councilwoman 14 Pritchett’s reappointment of Carolyn Mays to the Dr. Martin Luther King Jr Holiday 15 Steering Committee, 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 18 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20 made a specific part of this Resolution. 21 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 22 hereby confirms Councilwoman Pritchett’s reappointment of Carolyn Mays to the Dr. 23 Martin Luther King, Jr. Holiday Steering Committee for a one year term. 24 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 25 upon its final passage. 26 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 27 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. Page 46 of 276 1 2 ___________________________________ 3 SHIRLEY GIBSON, MAYOR 4 5 6 7 8 ATTEST: 9 10 11 __________________________________ 12 RONETTA TAYLOR, MMC, CITY CLERK 13 14 15 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 16 17 18 SPONSORED BY: COUNCILWOMAN SHARON PRITCHETT 19 20 Moved by: __________________ 21 22 VOTE: _________ 23 24 Mayor Shirley Gibson ____ (Yes) ____ (No) 25 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 26 Councilwoman Lisa Davis ____ (Yes) ____ (No) 27 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 28 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 29 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 30 Councilman Andre’ Williams ____ (Yes) ____ (No) 31 32 33 34 Page 47 of 276 Page 48 of 276 Page 49 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilman André Williams Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILMAN ANDRÉ WILLIAMS’ REAPPOINTMENT OF J. PHILLIP TAVERNIER TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Martin Luther King Committee (MLK), Councilman André Williams hereby submits his appointee for membership in in accordance with the Ordinance 2007-17-123, Sections (2) and (3). Upon approval of the City Council, the committee will recognize J. Phillip Tavernier as an appointee of Councilman Williams. These appointed members will adhere to duties and powers of the Advisory Committee as outlined in the Ordinance. Proposed Action: Councilman Williams is requesting that City Council ratify the appointment as submitted. Attachment: ITEM K-5) CONSENT AGENDA RESOLUTION Councilman Williams Appointment to the MLK Committee Page 50 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Board application Page 51 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA CONFIRMING COUNCILMAN ANDRÉ WILLIAMS’ 5 REAPPOINTMENT OF J. PHILLIP TAVERNIER TO THE DR. MARTIN 6 LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; PROVIDING 7 FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, Councilman Williams has reappointed J. Phillip Tavernier to serve 11 as his appointee to the Dr. Martin Luther King Jr Holiday Steering Committee, for a term 12 of one year, and 13 WHEREAS, it is appropriate for the City Council to confirm Councilman André 14 Williams’ reappointment of J. Phillip Tavernier to the Dr. Martin Luther King Jr Holiday 15 Steering Committee, 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 18 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20 made a specific part of this Resolution. 21 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 22 hereby confirms Councilman Williams’ reappointment of J. Phillip Tavernier to the Dr. 23 Martin Luther King, Jr. Holiday Steering Committee for a one year term. 24 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 25 upon its final passage. 26 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 27 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. Page 52 of 276 1 2 ___________________________________ 3 SHIRLEY GIBSON, MAYOR 4 5 6 7 8 ATTEST: 9 10 11 __________________________________ 12 RONETTA TAYLOR, MMC, CITY CLERK 13 14 15 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 16 17 18 SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS 19 20 Moved by: __________________ 21 22 VOTE: _________ 23 24 Mayor Shirley Gibson ____ (Yes) ____ (No) 25 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 26 Councilwoman Lisa Davis ____ (Yes) ____ (No) 27 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 28 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 29 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 30 Councilman Andre’ Williams ____ (Yes) ____ (No) 31 32 33 34 Page 53 of 276 Page 54 of 276 Page 55 of 276 Page 56 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 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 Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AMENDMENT TO THE AGREEMENT WITH MIAMI-DADE COUNTY FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Due to extensive amount (over 10,000 pieces) of supporting documentation scanned and attached to the Department’s automated records system for the third quarter, the Miami Gardens Police Department had to utilize communications operators, community service aides, administrative assistants and executive secretaries to perform overtime tasks for the department’s Records Improvement Project. Since the Police Department utilized personnel with various titles to complete the task, Miami Dade County has required that the City provide a revised project budget narrative to reflect these changes. The new budget narrative for the Byrne Grant states that “personnel” instead of “clerks” will be utilized for overtime. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute an amended contract with the Miami-Dade County Edward Byrne Memorial Justice Assistance Grant. ITEM K-6) CONSENT AGENDA RESOLUTION Byrne Grant Page 57 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Attachment: Attachment A: FY 2010 Miami-Dade County Edward Byrne Memorial Justice Assistance Grant and Contract -Amendment 2. Page 58 of 276 RESOLUTION NO. 2010____ 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 AMENDMENT TO THE AGREEMENT WITH MIAMI-DADE COUNTY FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens entered into an Agreement with Miami-Dade County on December 17, 2009 for a Edward Byrne Memorial Justice Assistance Grant, and WHEREAS, the purpose of the Grant was to assist with the City’s Record Improvement Project, and WHEREAS, the original Agreement between the parties indicated that “clerks” would be utilized for the purpose of performing overtime tasks related to the Records Improvement Project, and WHEREAS, due to the amount of records, the City has been required to utilize not only clerks, but other employees in the Police Department including communications operators, operators, community service aides, and administrative assistants in order to assist with the Project, and WHEREAS, it is appropriate that the parties provide an amendment to the original Agreement, which provides that the City will utilize “personnel” instead of “clerks” in order to assist with the overtime, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Page 59 of 276 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Clerk to execute and attest respectively, that certain amendment to the Agreement with Miami-Dade County for the Edward Byrne Memorial Justice Assistance Grant attached hereto as Exhibit “A”. Section 3: INSTRUCTIONS TO THE CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with one to be maintained by the City, and one to be delivered to Miami-Dade County. 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 ____________, 2010. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: __________________________________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY CREW, CITY MANAGER Moved by: __________________ Page 60 of 276 3 VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____ (No) Vice Mayor Aaron Campbell ____ (Yes) ____ (No) Councilwoman Lisa Davis ____ (Yes) ____ (No) Councilman Oliver Gilbert, III ____ (Yes) ____ (No) Councilwoman Sharon Pritchett ____ (Yes) ____ (No) Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes) ____ (No) Page 61 of 276 Page 62 of 276 Page 63 of 276 Page 64 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew, City Manager Department: Information Technology 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 INTERLOCAL AGREEMENT FOR THE PROVISION OF INFORMATION TECHNOLOGY SERVICES, WITH THE TOWN OF MIAMI LAKES, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background During these tough financial times it is necessary for municipalities to work together in order to find innovative and cost effective ways to provide services. On July 12, 2010, the Town of Miami Lakes put out RFP 2010-04 for Information Technology Support Services. The purpose of the RFP was to outsource support for all of the Town’s Information Technology needs. The Director of IT for the City of Miami Gardens was asked by the Town of Miami Lakes to sit on the selection committee, as the technical expert to assist the Town in evaluating proposed vendors. Upon the conclusion of the process, the Town inquired about the City’s willingness to entertain an interlocal agreement whereby the City of Miami Gardens Information Technology Department would provide IT support services to the Town of Miami Lakes. ITEM K-7) CONSENT AGENDA RESOLUTION Agreement with the City of Miami Lakes Page 65 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Under the terms proposed by staff the City of Miami Gardens would provide services for a three year period, at $102,000 per year, for a total of $306,000 over a three year period. The contract fees are as follows: Annual Cost Breakdown: Service Description Cost of Services IT Support Technician $65,728.97 Promotion Current IT Support Tech to Senior IT Support Tech $8,001.22 Additional Fee Network Security Consultant $2,400.00 Web Hosting Services $1,200.00 Fee for Contract Administration $24,669.81 Total Annual Contract Amount $102,000.00 Additional support in excess of forty (40) hours per week will be billed as follows: • Standard Support Operations $50.00 per hour • Senior Staff Support $60.00 per hour • Director of Information Technology $75.00 per hour This contract will provide for an additional IT Support Technician to back fill the Senior Technician position that will be providing on‐site services at Town of Miami Lakes 32 hours per week. The City will benefit by obtaining an additional staff person as well as $24,700.00 annually for contract administration. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing the City Manager and City Attorney to negotiate and execute the Interlocal Agreement for the provision of Information Technology Services for the Town of Miami Lakes. Attachment: Attachment A: Interlocal Agreement – Town of Miami Lakes IT Services Page 66 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY 5 CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN 6 INTERLOCAL AGREEMENT FOR THE PROVISION OF INFORMATION 7 TECHNOLOGY SERVICES, WITH THE TOWN OF MIAMI LAKES, A 8 COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT “A”; 9 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City of Miami Gardens operates a full service Information 13 Technology Department, and 14 WHEREAS, the Town of Miami Lakes has expressed an interest in contracting 15 with the City of Miami Gardens to provide information technology support services to the 16 Town, and 17 WHEREAS, the City’s staff as well as Town staff have negotiated a mutually 18 beneficial proposal that would provide additional resources to the City of Miami Gardens 19 while also fulfilling the need for IT services for the Town of Miami Lakes, and 20 WHEREAS, it has been recommended that the City Council authorize the City 21 Manager to enter into an Interlocal Agreement for this purpose, 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26 made a specific part of this Resolution. 27 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28 hereby authorizes the City Manager and City Clerk to execute and attest, respectively 29 that certain Interlocal Agreement for the provision of information technology services 30 with the Town of Miami Lakes, attached hereto as Exhibit “A.” Page 67 of 276 2 Section 3: INSTRUCTIONS TO THE CLERK: 1 The City Clerk is hereby 2 authorized to obtain two (2) fully executed copies of the subject Interlocal Agreement 3 with one to be maintained by the City, and one to be delivered to the Town of Miami 4 Lakes. 5 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 6 upon its final passage. 7 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 8 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. 9 10 ___________________________________ 11 SHIRLEY GIBSON, MAYOR 12 13 14 15 16 ATTEST: 17 18 19 __________________________________ 20 RONETTA TAYLOR, MMC, CITY CLERK 21 22 23 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 24 25 26 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 27 28 29 Moved by: __________________ 30 31 VOTE: _________ 32 33 Mayor Shirley Gibson ____ (Yes) ____ (No) 34 Vice Mayor Aaron Campbell Jr. ____ (Yes) ____ (No) 35 Councilwoman Lisa Davis ____ (Yes) ____ (No) 36 Councilman Oliver Gilbert III ____ (Yes) ____ ____ (No) 37 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 38 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 39 Councilman Andre’ Williams ____ (Yes) ____ (No) Page 68 of 276 City of Miami Gardens Proposal for an Inter-Local Agreement for Information Technology Services Town of Miami Lakes Page 69 of 276 1 Prepared By: Ronald McKenzie, Director of Information Technology, City of Miami Gardens Supervised by: Renee C. Crichton Deputy City Manager, City of Miami Gardens Table of Contents Chapter 1 – Letter of Intent ......................................................................................................... 2 Chapter 2 – Statement of Organization ........................ ................................................................ 3 Chapter 3 – Experience ............................................................................................................. .. 4 Chapter 4 – Form 8 – Price Proposal Form ................................................................................ 22 Chapter 5 – Methodology/Approach .................................... ...................................................... 24 1. Evaluate/Assess ............................................................................................................. 24 2. Document the ‘’As Is” State ........................................................................................... 24 3. Understand the Vision, Goals and Strategic Strategy of the Organization ....................... 25 4. Plan and Design the “To Be” State ................................................................................. 25 5. Work with the Organization (Business Area) to get there/Implement the Plan .............. 25 6. Maintain the Systems and Services ............................................................................... . 26 Chapter 6 – Support Services Questionnaire Responses ............................................................. 27 Page 70 of 276 2 Chapter 1 – Letter of Intent City of Miami Gardens Office of the City Manager November 16, 2010 Mr. Alex Rey City Manager Town of Miami Lakes 15700 NW 67th Avenue Miami Lakes, FL 33014 Re: Proposed Information Technology Interlocal Agreement Dear Mr. Rey: During these tough financial times it is necessary for municipalities to work together in order to find innovative and cost effective ways to provide services. The City of Miami Gardens is pleased to provide this proposal for the provision of Information Technology Services to the Town of Miami Lakes for consideration. As you know, it will be necessary for this proposal and associated agreements to be approved by the City of Miami Gardens City Council, prior to the commitment of staff and resources. Once the authorization has been granted the City is committed to working closely with the Town of Miami Lakes to expeditiously provide the services needed. I look forward to working with you and your staff on this endeavor. Sincerely, Danny Crew Dr. Danny O. Crew City Manager City of Miami Gardens Page 71 of 276 3 Chapter 2 – Statement of Organization Attached is an Organizational Chart for the City of Miami Gardens Information Technology Department. Page 72 of 276 4 Chapter 3 – Experience The City of Miami Gardens is geographically located adjacent to the Town of Miami Lakes at NW 57th Avenue. The City’s Information Technology Department (CMGIT) supports over 20 City divisions/departments. In addition, CMGIT supports over 40 servers, a voice-over-IP phone system, various Police Department services and systems, Florida Department of Law Enforcement (FDLE) circuits, radio systems, various security access systems, wireless Internet access as well as desktop/laptop user support at all parks and an in-house web master responsible for designing and maintaining multiple citywide websites. The motto of our Information Technology Department is “We help you do what you do -Better.” By this, we mean our staff is selected and trained to help the various business areas conduct their operations in a more efficient way. We understand that the role of IT is to support business functions and help them to use technology to automate processes. We are determined to become educated in all business processes and to help educate the various operational areas on ways technology can help them to achieve their goals. This approach has been extremely helpful in our Strategic Planning process. As listed in the IT Department organization chart on page three, our team consists of the following: • (1) Information Technology Director • (2) Application Systems Managers • (1) Web Content Administrator • (1) Telecommunications Systems Analyst • (1) Proposed Senior IT Support Technician • (5) IT Support Technicians • (1) Cisco CCIE Network and Security Consultant (contract employee). The staff members for this project have successfully passed the extensive Florida Department of Law Enforcement (FDLE) background investigation. The City will assign one Senior IT Support Technician to support the day-to-day IT needs of the Town of Miami Lakes who will be physically located at the Town for a minimum of 30 hours per week, with the understanding that all of the professional technical resources listed above are available to aid in any and all matters of information technology support when needed. The various members of our IT team have over 70 years of combined information technology experience. They have worked in various sectors of the market, to include public, private, nonprofit, educational and independent markets. Some of the key areas of expertise we provide are: Page 73 of 276 5 • Strategic Planning • Business to technology integration • Police Department technological planning, implementation and maintenance • Budget Preparation and Planning • Equipment and Billing auditing • Network Administration and Security support and services • Data Security Services • Web Hosting, Development and Management support • Emergency Operations Center (EOC) planning, implementation and support • Software and Third Party Application Support • Telecommunications install and support services to include; circuit, VOIP systems, PBX systems, cell phones, voicemail, ACD systems, internet services and Dispatch Command Center support. • Emergency Services Support • Video and Intrusion Detection System support and maintenance. • Architectural wiring and cabling design and configuration. • Wireless Technology planning, implementation and support • Virtualization planning, implementation and support • SAN storage planning, implementation and support • Desktop/Laptop installation and maintenance support • Help Desk Support • Vendor Management Attached are the resumes of the staff that will be providing support for the Town of Miami Lakes. Page 74 of 276 6 RONALD H. MCKENZIE 1213 CHENILLE CIRCLE WESTON, FL 33327 RONMAC123@YAHOO.COM 305-335-9611 Skills Summary Highly motivated CIO with extensive experience in directing and supervising the activities of an Information Technology (IT) Department including planning, developing and managing long-term strategic direction relating to IT. I have over twenty years of experience in the design, engineering, integration, operation and maintenance of telecommunication and network systems. Professional Experience Director, Information Technology City of Miami Gardens, Miami Gardens, Florida Serving as Director of all IT Systems and Services for one of the largest cities in Southern Florida. Responsibilities include serving as Department Head responsible for policies, procedures and guidelines needed for compliance, performance and usage of technology and communications systems for the city, to include the city’s Police Department. Supervise a staff of 10 technicians and managers in the planning, installation, implementation and maintenance of communications, telecommunications, Audio/Visual, Security and technological equipment and systems needed to support the mission of the city. Direct all matters pertaining to the responsibility for the City-wide information infrastructure including the Wide Area Network (WAN) and Local Area Networks (LAN); server and workstation based application systems, database systems, communication systems including telephone, email and radio; access control and security systems; and public safety technology. Maintain and manages IT budget of over $2.5 million annually. Develop, maintain and implement a city-wide IT disaster recovery plan. Confer with representatives of various departments and divisions to assess technology needs and identify areas that might benefit from the application of technology. Develop detailed project outlines for the implementation of proposed IT solutions including cost benefit analysis, return on investment (ROI) analysis, project timeline, and associated budget. Maintain knowledge of new and developing technology, procedures and techniques pertinent to the function of municipal government. Manager, Infrastructure Solutions September 2005 – February 2008 BearingPoint Inc. McLean, Virginia Served as Technical Manager for standing up all Network, Wireless, Telecommunications and Security assets for a newly incorporated United States City. Responsibilities included the Design, Implementation, Documentation of the Cities newly installed systems and software to include their Police Department. The finished product resulted in a totally redundant, highly available robust and secure communications system. Served at Project Manager and SME for the deployment of a VOIP Implementation for a State’s Department of Employment and Economic Development (DEED), Unemployment Insurance Department. Managed a team responsible for seamlessly migrating the State’s Contact Center from a Centrex based Automated Call Distribution (ACD) system to the new VOIP solution, over three sites. Our responsibilities included; QOS engineering on all related devices across the Enterprise, Network assessment, recommendation of vendors and equipment purchased, creating documentation and test scripts for the client, and providing Project Management and Professional Services. The finished project resulted in the configuration and deployment of a VOIP system over 3 sites with 170 agents, phasing out of Centrex lines and integrating less costly T-1 circuits and increased flexibility and mobility throughout the Enterprise. Page 75 of 276 7 Senior Network and Telecommunications Engineer March 2000 – September 2005 Freddie Mac, Reston, Virginia Served as Lead Technical Engineer responsible for coordinating the planning, organization, implementation, testing, and maintenance of voice and data telecommunications networks and systems. Led project for converting companies Northern Virginia offices (8 buildings) from traditional PBX TDM voice switching to Voice over IP (VoIP) telephony. Served as Voice Communications lead for corporate Business Continuity Planning (BCP) board. Served as project Lead for planning, organizing, implementing and testing Corporate trading room Hot Site at remote location to provide Active-Active Hot Sites for corporate trading. Coordinated the planning, organization, implementation, testing, and maintenance of voice telecommunications networks and systems. Analyzed network traffic and recommend methods and equipment to achieve network optimization. Served as liaison with other Freddie Mac business areas in problem resolution, day-to-day operations, and project management. Act as consultant and advisor to call center managers for improvements and modifications to their call centers. Telecommunications Coordinator July 1998 – March 2000 Bureau of National Affairs, Washington, DC Acted as consultant and advisor to call center managers for improvements and modifications to their call centers. Coordinated the planning, organization, implementation, testing, and maintenance of voice and data telecommunications systems. Coordinated and maintained all WAN data circuits to include SMDS, FNS, and T-1 circuits. Coordinated the activities of contractors, equipment usage, and line vendors. Analyzed network traffic and recommend methods and equipment to achieve network optimization. Acted as liaison with other BNA departments in problem resolution, day-to-day operations, and project management. Maintained current knowledge of state of the art developments in enterprise network and telecommunications hardware, software, long distance carriers, and facilities carriers. Manager, Internal Services September 1992 – March 1998 Company Name, Atlanta, Georgia Managed all aspects of voice communications. Served as liaison with Information Services to negotiate activities and bidding of all telecommunication products and services. Set standards for communications architecture, equipment, policies and procedures. Managed all aspects of corporate postal, shipping and reproduction services. Researched, recommended, planned and implemented equipment, security and vendor changes for voice and data networks, postal and shipping tracking, office supplies and reproduction services. Managed and developed staff of 17 personnel. Maintained and helped reduce proposed budget. Staff Sergeant, United States Army January 1994 – March 1998 Company Name, Atlanta, Georgia Prior to becoming a civilian, I also served proudly for over 7 years in the U.S. Army. Served in various technical and leadership positions throughout my carrier. In my last assignment I served as Tandem Switch Supervisor in the initial deployment and usage of Mobile Subscriber Equipment for the 10th Mountain Div. EDUCATION Chief Information Officer, Certification July 2009 – July 2010 Florida State University, Tallahassee, Florida Media Communications, Bachelor of Arts August 1980 – May 1984 State University of New York, College at New Paltz, New Paltz, New York Page 76 of 276 8 Ricardo A. Castillo 8016 SW 21 Place Davie FL 33324 954-489-82941 (cell) rcastillo@miamigardens-fl.gov Skills Summary Over 10 years of experience in system analysis, networking and programming for non-profit universities and government. Strong background in user training and support documentation. Experience in major programming languages, operating hardware and software. Experience City of Miami Gardens, Miami Gardens FL 09/07-Present Applications System Manager • Assist in the development, implementation, interpretation, and application of communications and data processing policies and objectives • Evaluate technological advances and develop methods and procedures • Assist in the interview and selection of employees • Evaluate employee performance • Review and approve all program changes and enhancements for promotion to production system • Assist in developing Department Standards • Install, configure, and manage the Windows operating system hardware and software. Analyze computer hardware and software malfunctions and take appropriate corrective action. Assist in monitoring computer resources and providing recommendations for improvement. Assist in the identification, evaluation, tailoring, and implementation of vendor-supplied software packages. • Evaluate performance of installed software to monitor trends, loads, and growth patterns. Monitor system utilization and capacity. Prepare documentation for use by IS staff and end users. Analyze specifications of application enhancements for compatibility with other systems. Perform complex system analysis and programming in appropriate languages for batch and on-line systems. • Install software/hardware as necessary on PCs. Troubleshoot complex client/server issues. Perform maintenance, backup, repair, tuning and compression of application databases and operating systems. • Recommend and schedule appropriate training classes with various vendors as well as in house • Create project plans and task lists; manage task completion and perform plan updates. Provide analysis, programming, testing, and implementation of requested software modifications. • Monitor database system performance within the applications, including stored procedures and execution time, and implement efficiency improvements. Design and implement redundant systems, policies, and procedures for disaster recovery and data archiving to ensure effective protection and integrity of data assets. Perform periodic tests of recovery procedures. • Monitor, optimize and allocate physical data storage space for application systems. Plan and coordinate data migrations between systems. • Create, or support creation of, required reports in response to user needs. Conduct research and make recommendations on information systems products, services, protocols, and standards in Page 77 of 276 9 support of procurement and development efforts. • Perform database transaction and security audits. Establish appropria te end-user database access control levels. Develop routines for end-users to facilitate best practices database use. • Attend seminars, conferences, trade shows and user group meetings • Attend city organized workshops for managers and/or employees • Performs related work as required. QualxServ Corporation, Coral Springs FL 07/07-08/07 Independent Field Technician • Perform hardware break-fix on desktop and laptop computers for home and business customers. Carlos Albizu University, Doral FL 06/04-07/07 Database Administrator • Primary responsibilities include technical assistance and training to ERP System users at the University. Maintaining and developing applications and reports using Crystal Reports, Cognos Impromptu, and Excel/Microsoft Query. Ensure that hardware and software related issues are corrected in a timely manner. Auditing and assessing the integrity of the ERP system. • • Implement new ERP for the University from Datatel Corp. (Colleague System), coordinating and deploying the different modules throughout the University. Served as Project Leader for Miami Campus, coordinating all aspects of the implementation, monitoring and ensuring that the project stayed on track and within the established budget. • Deployed General Ledger, Accounts Payable Module, and CORE Module. In charge of conversion of the Data from one ERP system to the other. Develop and program new screens, and preparing training manuals and step by step guides for users. • Provide support to Business Office, Registrar, Financia l Aid and Admissions Offices, working together with Directors to ensure that procedures were effective and efficient. Work closely with Business Office achieving deployment of web payments via the web, update the office to laser checks, and create web modules to allow students to view their financial information such as 1098’s, Student Bill, and refund information. • Perform System Administration duties and technical support when System Administrator and Technical Support Technician are not available, creating user accounts in Active Directory, network shares, modifying and creating new group policies, creating and modifying firewall policies on a Firebox 1000 running Watchguard Policy Manager 7.30, creating Exchange distribution groups and mailboxes. Developed intranet site using SharePoint portal to facilitate communication and data exchange for users during the new ERP implementation phase. Maintain site, and perform modifications and additions of web parts as necessary. • Assist the MIS Director with other duties as required, and perform supervisory tasks when he is away. Page 78 of 276 10 Florida State University Marketing Institute, Tallahassee FL 09/02-05/04 Part-time Systems Administrator • Troubleshoot and maintain small network of 15 computers. • Provide hardware and software assistance to staff. • In charge of maintaining and backing up Windows 2003 server, administer e-mail accounts on Exchange 2003 server for staff and student workers. • Maintain IIS server for the Marketing Institute at FSU, providing support to webmaster, and programmer for integration of Ride Share Software to Website. Carlos Albizu University, Doral FL 2000-2002 Database Administrator Trainee 2001-2002 • Promoted from Computer Lab Technician in 2001. • Create various reports using Crystal and Cognos for management use. • Served as liaison between system users and ERP vendor’s technical support • Trained ERP System users and prepared written documentation • Other duties as assigned by the Director. Computer Lab Technician 2000-2001 • Troubleshoot software issues and prepared drive images for deployment at the lab • Performed hardware maintenance • Recommend new hardware and software for lab facilities • Wrote computer system procedure specifications and user manuals for lab users Miami Dade Community College, Miami FL 1998-2000 Part-Time Network Services Technician • Hardware and software troubleshooting of PC’s and MAC. • Perform maintenance, and upgrades of computers at the school facilities. • Create computer images using Norton ghost to facilitate the deployment of new PCs in the facilities. • Create group policies to control unauthorized installing of software at the lab facilities. Page 79 of 276 11 Systems Proficiency Certifications • Microsoft Certified IT Professional in Enterprise Administration (MCITP) • Microsoft Certified Technology Specialist in Windows Vista • Microsoft Certified Systems Engineer (MCSE) and Microsoft Certified System Administrator (MCSA) in Windows 2003, MCDBA in SQL 2000, MCP • Network+ Certified Professional • A+ Certified Programming Languages C++, COBOL, Visual .Net, BASIC, SQL PC Software • Applications: Crystal Reports, Microsoft Office, Norton Ghost, Symantec Corporate Edition • Database: Microsoft SQL Server and Microsoft Access, Informix 7.14 • Platforms: Microsoft Windows® 2000, Microsoft Windows XP, HP-Unix, Windows 2003 Education M.S., Management Information Systems Nova Southeastern University, Davie, Florida 3.6 GPA Degree Conferred Date September 30, 2007. 2004-2007 B.S., Business Administration/Management Information Systems Florida State University, Tallahassee, Florida 2.95/4.0 GPA Degree Conferred Date May 01, 2004. 2002-2004 A.A., Business Administration Administration Miami Dade College, Miami, Florida 2.87/4.0 GPA Degree Conferred Date May 04, 2002. 1996-2000 Page 80 of 276 12 REFERENCES AVAILABLE UPON REQUEST Page 81 of 276 13 TRISTAN LATTIBEAUDIERE 341 EAST SHERIDAN STREET,#205 DANIA BEACH, FLORIDA 33004 TRISLAT@HOTMAIL.COM (954) 401-6894 Network Administrator I have seven years of experience in deployment, remote troubleshooting, helpdesk, and Network Administration. EDUCATION & TRAINING Bachelors of Information Technology August 2002 – August 2003 American Intercontinental University Weston, Florida Studies focused in application development, IT project management, Networking, technical planning, database and web programming. VMware VSphere: Install, Configure, Manage. Global Knowledge: Windows 7 boot camp, Windows 2003 Server: Planning, Implementing, Active Directory infrastructure. Microsoft ISA 2003 Training. Laserfiche Client and Server Installation. OSSI Annual Public Safety conference attend Annually Apco Public safety Conference EXPERIENCE Police Systems Manager April 2006– Present City of Miami Gardens ,Miami Gardens, Florida Stationed at the Police Department to ensure management of all the system and IT employees. employees. Make sure all systems are up and running 24/7, all staff is cross trained and can troubleshoot the critical systems, oversee the helpdesk and provide on-call schedule and support. Implement new systems and deployment. Document all the processes and SOP’s and keep them digitally and physically. Attend regular meetings about public safety software, knowledgeable about FDLE system security and standards. Mentor staff and devlop Performance Key Indicators (PKIs) so that their goals are met throughout the year. Network Administrator, I/T Specialist August 2004 – April 2006 Skills & Training Microsoft 2003 and 2008 Server. Administration & Deployment. XP Windows 7 Administration and Deployment. MSOFFICE 2010 2003 Exchange server. SQL 2005 Symantec Backup Exec 2010. VMware VMware vSphere: Install, Configure, Manage L3 In car video Laserfiche At&t and Verizon Software Public Safety OSSI Product Suite Netmotion VPN Tyler technologies ERP system Eden Telestaff Adobe Dreamweaver Page 82 of 276 14 Lozano insurance Adjusters, Pembroke Pines, Florida Provide Helpdesk and Administration of a small network all that the employees use, such as Maintain and secure T1 and Wireless connectivity, daily backup using Arc serve backup utility, administering 2 MSSQL Databases, troubleshoot and perform maintenance on the 2003 SBS system, train new users on the relevant systems used, and IT policies. Assist users with basic computer functions, monitor Phone system and generate weekly phone reports, computer Installation, Maintenance & Support. CONSULTANT I/T Specialist Feb 2004 – August 2004 Salvant & Associates, Pembroke Pines, Florida Primary responsibilities included responding to helpdesk tickets from various accounts across Dade and Broward county. Learned basic IT help desk functions and system administration. Assisted with hardware purchase and installation, administered Outlook email accounts, spam activity, viruses and spy ware, administered Network from remote locations using Microsoft Terminal Server, observed and assisted in VPN installation & VLAN setup on DELL Smart Switches and routers. Performed operating system upgrades & adding systems to company domains. ACTIVITIES & AWARDS Kapow ,Kids and the Power of Working, 2010 Recognition for Helping with City of Miami Gardens Police Department, 2008 SUMMA CUM LAUDE, American Intercontinental University, 2003 Photoshop Life Cycle Certifications MCITP Page 83 of 276 15 Page 84 of 276 16 Gardimyr Pierre, MBA 2110 Havana Drive Miramar, FL 33023 Home: (954) 367-7762 Cellular: (305) 962-3675 Email: Gardimyr_p@hotmail.com OBJECTIVE  To obtain a managerial position where I can utilize my work experiences, skills and educational background to the success and growth of your organization. HIGHLIGHTS • Masters of Business Administration (MBA), concentration in Management. • Four years of experience in preparing and managing budgets exceeding $250,000.00. • Four years of experience in procurement, management and inventories. • Four years of upper management and supervisory experience. • Ten years of experience in IT support of software and hardware including software training. • Trained in special government/local law enforcement: Eden, L3 video, OSSI SunGuard and Netmotion. • Expert in financial and accounting software including Quick Books, Financial Edge, BlackBaud and Gradience. • Expert in Microsoft Office: Word, Excel, PowerPoint, Outlook, Project, Crystal Reports and Internet Explorer. • Specialized training in grant writing, Human Resources, and facilities management. • Proficient in English, French and Creole. WORK EXPERIENCE • BUDGET PREPARATION o Four years of experience in preparing and managing budgets. Including salaries, benefits adjustments and funds allocation. • PROCUREMENT o Four years of experience in procurement management. Functions included: Taking bids for the purchase of new equipments and servicing contracts, reviewing RFP’s (Request For Proposals) and selecting contractors. • MANAGEMENT EXPERIENCE o Supervised up to 5 employees. Responsible for recruiting and provided training to new employees, volunteers and interns. Supervised employees for sports’ programs, computer lab and the maintenance department. • INFORMATION TECHNOLOGY o Ten years of experience with responsibilities include: managing computer lab, Page 85 of 276 17 provide computer training for employees, youth programs, board members, store managers, store employees and senior citizens; maintain and support computer workstations, servers; also for two years I was the only person in the IT department in charge of eighteen local sites throughout Miami Dade County and six branches throughout the state of Florida. o Install, configure, and upgrade hardware and peripheral components (such as monitors, printers and scanners.) o Provide basic support for telecommunications environment including dial up modems, access to network services, file transfer and associated software. o Support the telephone, security alarm, access control, audio/visual and other electronic systems, as well as specialized software used in the processing of payroll, accounting, human resources, building permitting and other general services. EMPLOYMENT EXPERIENCE November 2007 – Current IT Support Technician City of Miami Gardens, Miami Gardens, FL Municipal Government August 2003 – November 2007 IT Manager/Marketing Coordinator Family Christian Association of America (FCAA), Miami, FL Non-profit organization which focuses on: Family Services, Youth Development and Sports November 2005 – January 2007 Assistant Sales Rep./Trainer Hewlett Packard/Market Source, Miami, FL Market Source is a subdivision of HP, which is in charge of sales and marketing July 1999 – January 2001 Junior Computer Technician Florida Memorial University, Miami, FL Institution of higher learning June 1999 – May 2003 Researcher’s Assistant Florida Memorial College, Miami, FL College/institution of higher learning Page 86 of 276 18 EDUCATION Florida Memorial University Miami Gardens, FL Master in Business Administration/MBA; April 2008 • Concentration in management • Graduated number four in my class Florida Memorial College Miami Gardens, FL Bachelor of Science in Management Information Systems; May 2003 • Graduated Magna Cum Laude. • Made the Dean’s list every semester SKILLS AND CERTIFICATIONS  Financial Edge: accounting, finance and fundraising software.  Languages: speak, write and read: English, French and Creole  Received special executive training in: grant writing, facility management, and human resources management. HONORS & ORGANIZATION  Member/Vice-President/President of Club Haiti 1804 in 2002.  Delegate Alpha Kappa Mu Honor Society.  Vice President of Information Technology Club.  Member of Environmental Studies and Water Management.  Member of the National Black MBA Association, Inc. (NBMBAA) Page 87 of 276 19 CLAUDE L. CHARLES 2294 S.W. 81 Ave. ♦ Miramar, Florida 33025♦ phone: 305-781-8325♦ email: ccharles01@yahoo.com QUALIFICATIONS SUMMARY 10 years of technical and business experience in the areas of small business, systems administration, procurement, vendor management, training, web development, web marketing, and end-user technical support. • Certifications CCENT, Cisco Certification (Currently in Progress of Completing CCNA certification) • Education: MBA, St. Thomas University, Miami Gardens, Florida, June 2006 BBA in Information Systems, Florida International University, School of Business, Miami, Florida, April 2001 TECHNICAL PROFICIENCY Business Desktop Applications: Word, Excel, PowerPoint, Access, Outlook, FrontPage, Lotus Notes, Adobe Photoshop. Operating Systems: Windows NT through Windows 7, Server 2003 and Server 2008, Exchange Server Networking: LAN, WAN, TCP/IP, DHCP, Wireless technologies, DSL, and T1 Hardware: IBM, HP, Compaq, Dell, Cisco (MARS, ASA, Routers, and Switches) Programming: HTML, Queries, Limited SQL, Visual Basic, Cisco IOS PROFESSIONAL WORK EXPERIENCE IT Support Technician December 2007 – Present City of Miami Gardens Police Department City of Miami Gardens The City of Miami Gardens was incorporated in 2003 and is the 3rd largest city in Miami-Dade County; The Police Department was incepted in December 2007 to serve the residents of the Community. Page 88 of 276 20 • Aided with initial set-up and installation of police systems from mobile units to communications center. • Developed adept proficiency with the OSSI law enforcement software suite (Mobile Field Reporting, Computer Aided Dispatch, and Records Management System). • Maintained and helped design such systems as the in-car video recorders, both storing and providing Officers and other interested parties with in-car video footage. • Led the deployment of over 100 laptops to be used by the officers in their vehicles, duties included imaging and testing the machines, maintaining logs of whom was to receive new equipment, working with the vendor to ensure laptop orders were correct and delivered on time. • Led a project to outfit the new Public Works building with all IT infrastructure including ordering of fiber optic connection, in-building cabling and port/drop installations , and networking equipment necessary to set up building LAN. • Provided city wide training in MS Excel and other technologies by creating training curriculum and documentation to aid departments in meeting individual goals. • Have had the opportunity to learn and work with many new technologies from Cisco Wireless to MS Server 2008 and Vitualization technologies. Technical Instructor January 2007 – June 2007 New Horizons Computer Learning Centers New Horizons is the premiere computer and software training company in the nation. • Delivered instruction to large student groups on various software applications, including Microsoft Excel 2003, PowerPoint 2003 & 2007, Word 2003, Outlook 2003, Access 2007, Windows XP and Lotus Notes 6.5. • In conjunction with the Organizational Learning dept. of Baptist Hospital, trained over 200 leaders (Managers and Supervisors) at all Baptist Health locations on the new Hospital HIM system. • Customized training to meet the needs of various organizations and corporations. • Created and tailored curriculum to individual students and class needs. Consultant January 2005 – January 2007 Artist Brushstrokes, LLC, Delray Beach, Florida An online global provider of high-end artist brushes to individuals, school districts, and retail stores. • Participated in the original web site design and ecommerce set-up and testing of over 1,000 products. • Manage and develop online marketing activities with regular reports on ROI and future efforts to company owners. • Provide overall business and category sales performance as well as key website metrics. • Developed order fulfillment process work flows and customer email templates. • Work with company technical partners to execute web site modifications. • Respond to product inquiries received at trade shows, through hard copy advertising and electronic marketing (website). • Conduct market research and feasibility studies as needed by management. • Manage company customer database used in opt-in email marketing campaigns. Page 89 of 276 21 Microsystems Technician August 2002 – April 2006 Norwood and Parkview Elementary Miami Dade County Public Schools, Miami, Florida Miami-Dade County Public Schools is the fourth largest school district in the nation and the largest employer in South Florida area. • Led the administration of over 300 systems between two school sites. • Provided training and technical support to Staff, Faculty, and Administration in current school technologies and software. • Maintained school wide systems, including purchase of new equipment, h/w & s/w installation, and repair. • Adhered to and implemented all District technology policy mandates at both school sites. • Developed and maintained school website. • Successfully completed training and certification courses as required by the District. Page 90 of 276 22 Chapter 4 – Form 8 – Price Proposal Form The following Proposal is presented to assist the Town in evaluating Proposals. The Total Proposal Amount will include all items described in the Section 2 for Information Technology Support Services for the RFP (the “Scope of Services”). Any additional services that are not included in the Agreement shall be performed at the request of the Town Manager. Payment shall be made on the basis of the Services actually performed and completed pursuant to the terms and conditions of the Agreement. Name of Proposer: ______City of Miami Gardens_______________________ ____________ Name of authorized representative of proposer: ___Danny O. Crew ___________________ Total Base Proposal Amount for the three (3) year term of the Agreement if awarded: $_306,000.00 Also, please attach a Fee Schedule outlining hourly rates for each of the support services as listed in Section 2.1 of the Scope of Services. The Proposal Fee Schedule should include a base amount for all support services up to forty (40) hours and five (5) service days per week. Any additional services provided beyond the proposed base amount shall be provided at the hourly rate as listed in the attached fee schedule and any additional services must be pre-approved by the Town Manager. This amount should not exceed the Town’s budgeted amount in the Town’s FY 09-10 budget for IT Support services. Notwithstanding anything to the contrary contained herein, the schedule for service shall be determined by the Town Manager in his or her sole discretion. Fee schedule shall be inclusive of any travel expenses incurred. By: ______________________________ ___Danny O. Crew_____________ as __City Manager______________ Name Title Witness or Notary Public: _________________________________ Page 91 of 276 23 SCHEDULE OF FEES As per requested in the RFP, the City of Miami Gardens will provide one (1) technician that will be on site at the Town of Miami Lakes for a minimum of thirty (30) hours per week. This person will be a Senior Technician with a minimum of 6 years of experience in the IT field. Strategic Planning, budgeting, as well as upper level IT Support and Services will be provided by Ron McKenzie, Director of Information Technology with support from Applications Systems Managers Ricardo Castillo and Tristan Lattibeaudiere. It is estimated that support from one of our senior members for issues at the Town of Miami Lakes will be approximately ten (10) hours a week. The total amount of hours for normal support will be forty (40) per week, which complies with what is requested in the RFP. The Town of Miami Lakes will have access to the skill sets provided by the entire City of Miami Gardens Information Technology Department for support. Normal hours of operation for support will coincide with the normal normal hours of operation for the Town of Miami Lakes (8:30 AM – 5:30 P). Additional support in excess of forty (40) hours per week will be billed as follows: • Standard Support Operations $50.00 per hour • Senior Staff Support $60.00 per hour • Director of Information Technology $75.00 per hour Pricing for items that fall outside of the scope of work will be handled as a separate project and result in a new Scope of Work for that project. Page 92 of 276 24 Chapter 5 – Methodology/Approach The City of Miami Gardens is a local municipality in Miami-Dade County, just like the Town of Miami Lakes. As such, CMGIT fully understands the various business operations and the needs of the organization to communicate efficiently with the public. The Methodology of our Information Technology Team can be divided into six (6) phases. They are: 1. Evaluate/Assess 2. Document the “As Is” State 3. Understand the Vision, Goals and Strategic Strategy of the Organization 4. Plan and Design the “To Be” State 5. Work with the Organization (Business Area) to get there/Implement the Plan 6. Maintain the Systems and Services This methodology is repeatable and is used to re-evaluate whether or not change is needed, and if needed, how that change will be implemented. We intend to use this same approach at the Town of Miami Lakes. Below are the details of this methodology/approach. 1. Evaluate/Assess • Inventory all technology assets for the Town • Inventory all Telecommunication Services (circuits, phone lines, cell phones, etc.) for Town • Inventory all IT services being paid for by the Town Once Inventory is complete, we will assess the information to see if there are any duplications in business processes or IT related vendor payments. The Goal of phase 1 is to make sure that we are making the best use of the resources that the Town already has. 2. Document the ‘’As Is” State • Compile and report findings from the Inventory • Document any and all suggestions for changes to better utilize existing infrastructure • Compose technical drawings of existing network • Document configuration of servers • Document relationships between applications and business processes The goal of phase 2 is to ensure that before any changes are made, there is documentation on the current status of the system. This will allow CMGIT to roll back to the previous configuration should any glitches in the system occur. It is also the basis by which achievements can be tracked. It allows for a clear baseline. Page 93 of 276 25 3. Understand the Vision, Goals and Strategic Strategy of the Organization • Sit down with City Manager (or his representative) to better understand the vision and goals of the Town • Sit down with each Department Head to get an understanding of the vision and goals of the department and their strategic plan for achieving them. • Attend Council Meetings to get a better understanding of the vision and goals of the Mayor, Council and residents. Information Technology is a tool by which efficiency increases. Once we have a better understanding of the vision, goals and strategic strategy, we can use the tools provided by information technology to achieve those goals. It is only through this method that we can devise a Strategic Plan for Information Technology at the Town of Miami Lakes. 4. Plan and Design the “To Be” State • Plan and Design the equipment needed • Plan and Design recommendations for the Policies and Procedures that will be needed and present them to the City Manager. • Research and Present appropriate documentation to City Manager of Plans and Designs • Establish Cost, time frames and resources needed for achieving the goals • Ensure that no conflicts exist in migration from “As Is” to “To Be” States • Present Project Plan to City Manager for all projects needed to reach the “To Be” State The goal of phase 4 is to create and present a Strategic Plan for Information Technology for the Town of Miami Lakes. 5. Work with the Organization (Business Area) to get there/Implement the Plan • Discuss Strategic Plan with all stakeholders. • Establish more defined time line on when changes will occur and which areas will be affected. • Work with Departments (Business Areas) to ensure implementation and use is actually achieving the intended goal. • Establish metrics for ensuring goals are met through implementation process The goal of phase 5 is the implementation phase of the plan. It is important to define and use a metric for measuring whether or not the desired goal is met. The City of Miami Gardens will work with the Town of Miami Lakes to come up with those metrics. It is key that all stakeholders are involved in the implementation and evaluation process. Page 94 of 276 26 6. Maintain the Systems and Services • Keep all systems up and running at a highly efficient state. • Provide Excellent Customer Services • Maintain fiscal responsibility The heart of our methodology is to provide and maintain highly effective systems. CMGIT will provide excellent customer services. Our IT Team takes a proactive approach to maintenance. If proper maintenance is performed and best practices for systems management is applied to our systems, we will have minimal down time or interruptions. Although we all know that change is a constant, we fully understand that consistency, in the ability to use Information Technology, is a driving factor for business operations. The City of Miami Gardens is in the midst of designing and planning our new City Hall complex, slated for completion in 2012. We are aware that the Town of Miami Lakes is also in the process of designing and planning for your new City Hall as well. We understand the challenges of building and enterprise from the ground up and we understand the importance of sustaining effective systems throughout transition. We are the right staff, the right methodology and the right tools to get our city to the “To Be” State that we envision and we are confident that we can do the same for the Town of Miami Lakes. Page 95 of 276 27 Chapter 6 – Support Services Questionnaire Responses A. Is Help Desk Support Available? Yes, help desk is available for Tier 1, 2 and 3 level support. B. When is support available? (Indicate XX A.M. to XX P.M. and the days of the week)? Support is available 8:00 AM to 5:00 PM, Monday through Friday. On Call support will respond to issues within two (2) hours and is available at the rate quoted in the Fee Schedule. C. How are charges for support structured, documented and tracked? There are no separate charges for support as it is included within our Technical Administrative Services. Request for support are entered into the Helpdesk system which generates and tracks all tickets. D. Do you provide a Toll-Free support number? No, we provide a local number for support. E. Please describe your problem escalation process, including: • Initial problem identification ( hand-off from helpdesk) • Triage for priority and severity of problem • Steps for resolving problem escalation when a solution is not forthcoming or an implemented solution is unsatisfactory • Final authority regarding conflicts. When a user has an issue with an IT asset, they must notify the helpdesk. Users will have two ways to contact the helpdesk. The preferred way of notification is via email. Email messages to the helpdesk will automatically create a trouble ticket. Users can also submit a request for help by calling the helpdesk directly. • Most issues can be addressed immediately or within an hour. • CMGIT Service Level Agreement (SLA) is to get back to the user within two hours. • If the issue is of a specific skillset that the technician does not have, he/she will escalate it immediately. • If a major system is out, that takes priority. The technician will notify the City Manager of the Town of Miami Lakes (or his representative) as soon as he is made aware of the outage. The issue will then be escalated immediately to the Director of IT for the City of Miami Gardens. At that point, the Director will bring in the proper resources to resolve the issue. Page 96 of 276 28 • The onsite Technician will review all support tickets and determine the priority of the tickets as well as the make a determination of the resources necessary to address the issues. • Prioritization will be given to the criticality of the issue and to position of the requestor. • Any issues not resolved in a satisfactory manner or within a timely manner should be escalated to the Director of IT for the City of Miami Gardens. He will ultimately be responsible for resolving the issue. F: Indicate your response time and goal and also your statistics regarding meeting that goal. System outages are handled immediately Monday through Friday from 8:30am to 5:30pm based on helpdesk ticket submission. Day to day trouble tickets will be responded to within two hours. Our goal is maintain at least a 95% customer satisfaction rating based on surveys sent to and filled out by users after ticket resolution and by checking resolution time/SLA ratios. G: Beyond the scope of this RFP, what services (related or otherwise) does your organization provide that may be of interest to the town? Our IT Department is capable of providing • Multimedia design and Implementation • VOIP design, implementation and maintenance • Duplicate Server housing for the Town of Miami Lakes in one of our buildings • Website Design • Public Safety Systems design, implementation and maintenance Page 97 of 276 1 INTERLOCAL AGREEMENT INFORMATION TECHNOLOGY SERVICES THE CITY OF MIAMI GARDENS AND THE TOWN OF MIAMI LAKES THIS INTERLOCAL AGREEMENT (this “Agreement”) is made and entered into this _____ day of ___________, 2010, by and between the City of Miami Gardens (the “City”), a Florida municipal corporation, and the Town of Miami Lakes (the “Town”), a Florida municipal corporation, and jointly referred to herein as the Parties. WITNESSETH WHEREAS, the City operates a full service Information Technology Department; and WHEREAS, the Town has expressed an interest in contracting with the City to provide Information Technology Support Services to the Town (the “Services”); and WHEREAS, the City and the Town have established a mutually beneficial proposal that provides for additional resources to the City, while fulfilling the need for Information Technology expertise for the Town’s operations. NOW THEREFORE, for and in consideration of the terms, conditions and covenants contained herein, the City and the Town hereto hereto agree as follows: 1. Purpose: The City hereby agrees to provide Information Technology Support Services (the “Services’) to the Town, as attached hereto in Exhibit “A” and incorporated herein, in accordance with the terms and conditions of this Agreement. 2. Term: The City will provide the Services for a period of three (3) years, commencing ten (10) days from the date of approval of this agreement by both Parties. 3. Option to Renew: The Parties reserve the right to renew this Agreement for an additional period of three (3) years. If the Town intends to renew this Agreement, the Town shall notify the City three (3) months prior to the termination of this Agreement. The City shall notify the Town within thirty (30) days of such request, whether the City intends to grant a renewal. 4. Cancellation: This Agreement may be canceled by either party, with or without cause, by providing written notice of the intention to terminate. In the event of termination, the City shall continue to provide the Services Services for a reasonable period of time, not to exceed thirty (30) days, as is necessary to prevent a disruption of the Town’s operations due to a lack of information technology support services. 5. Scope of Service: The City agrees to provide the Services as detailed in the City of Miami Gardens Proposal for Information Technology Services for the Town of Miami Lakes (the “Service Levels”) as attached hereto as Exhibit “A” and incorporated herein by reference. Page 98 of 276 2 6. Billing: The City agrees that it will bill the Town on a Quarterly basis per the schedule of fees detailed in Exhibit “A” (the “Fee Schedule”) attached hereto and incorporated herein by reference. 7. Ownership and Access to Records and Audits: All records, books, documents, data, deliverables, papers and financial information (the “Records”) that result from the City providing the Services to the Town under this Agreement shall be the property of the Town. The Town Manager or his designee shall, during the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, have access to and the right to examine and audit any Records of the City involving transactions related to this Agreement, upon reasonable notice to the City. The Town may cancel and terminate this Agreement immediately for refusal by the City to allow access by the Town Manager or his designee to any Records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 8. Hold Harmless: A. To the extent permitted by law, the Town shall indemnify and hold harmless the City and its officers, employees, and agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement. The Town shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Town shall specifically hold the City and its officers, employees and agents harmless and shall assume all losses from any claims relating to licensing, warranties, merchantability or fitness of any applications or software; damages caused directly or indirectly to any equipment, including loss of use, profits or data, or losses from business interruption. Moreover, the Town shall hold the City harmless from any loss or damages related to the misuse, neglect, alteration or improper installation of any software or applications, not directly attributable to the City providing the Services under this Agreement. Damages shall be limited to those costs directly attributable to the restoration of the system. B. To the extent permitted by law, the City shall indemnify and hold harmless the Town and its officers, employees, and agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the Town or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the City or its its employees, agents, servants, partners, principals or subcontractors. The City shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the Town, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Page 99 of 276 3 9. Notice: All legal notices regarding this agreement must be sent to the following address: Town of Miami Lakes City of Miami Gardens Town Manager City Manager 15700 NW 67th Avenue 1515 NW 167th Street. Miami Lakes, FL 33014 Building 5, Suite 200 Miami Gardens, FL 33169 10. Force Majeure: The City fully intends to meet the time limits stated in the Service Levels. However, in the event of an emergency at the City, including a natural disaster or an act of God, whereby systems are down at the City, priority will be given to getting up and troubleshooting systems at the City. In the event of such an emergency, the Service Levels to the Town may not be met. In such an event, the City will respond to issues at the Town in an expeditiously manner as possible, after all core systems at the City are functioning properly. In such an event, the Town will not hold the City responsible for meeting the agreed upon Service Levels. 11. Severability: If any term or provision of this Agreement shall to any extent be held invalid or illegal by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and provision of this agreement shall be valid and be enforced to the fullest extent permitted by law. 12. Governing Law; Venue: This Agreement shall be construed in accordance with and governed by the laws of the State of Florida, with venue for any action lying solely in Miami-Dade County, Florida. 13. Waiver: The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. 14. Assignment: This agreement is not assignable by either party. 15. Entire Agreement: No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Agreement, shall have any legal validity between the Parties or be binding upon any of them. The Parties acknowledge that this Agreement contains the entire understanding and agreement of the Parties. No modifications hereof shall be effective unless made in writing and executed by the Parties hereto with the same formalities as this Agreement is executed. 16. Captions and Paragraph Headings: Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend or limit the scope and intent of this Agreement, nor the intent of any provisions hereof. Page 100 of 276 4 17. Joint Preparation: The preparation of this Agreement has been a joint effort of the Parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. It is the Parties’ further intention that this Agreement be construed liberally to achieve its intent. 18. Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement. 19. Exhibits are Inclusionary: All exhibits attached hereto or mentioned herein which contain additional terms shall be deemed incorporated herein by reference. [Remainder of page intentionally left blank.] Page 101 of 276 5 IN WITNESS WHEREOF, the Parties hereto have caused these presents to be executed by their duly authorized agents and representatives with all the formalities required by law on the day and year first written above. CITY OF MIAMI GARDENS ________________________ ________________ Danny O. Crew, City Manager Date ATTEST: ____________________ City Clerk Ronetta Taylor, CMC Approved as to form and legal Sufficiency: ___________________________ Sonja K. Dickens, City Attorney Attest: TOWN OF MIAMI LAKES By: Marjorie Tejeda Town Clerk Alex Rey Town Manager Date: APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF TOWN OF MIAMI LAKES ONLY _______________________________________ Town Attorney Page 102 of 276 6 Exhibit “A” The Services and the Fee Schedule Page 103 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 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: CDBG (through Miami-Dade County HCD) Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AMENDMENT #4 TO THE DISASTER RECOVERY INITIATIVE AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI GARDENS, FLORIDA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Community Development Block Grant (CDBG) Disaster Recovery funding was made available to the State of Florida by the U.S. Department of Housing and Urban Development, pursuant to the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act. Florida received $82,904,000 which is being administered by the State’s Department of Community Affairs (DCA). DCA entered into a sub-recipient agreement with 16 counties affected by the 2005 disasters. As a recipient, Miami-Dade County held a competitive application process to allocate the funds they received. Through this process, the City of Miami Gardens was initially awarded $375,000. During the course of the contract period, the County determined that the City of Miami Gardens was effectively running its program and efficiently spending the allocated funds. The County subsequently awarded an additional $700,000 and $375,000 of Disaster Recovery Funds that were recaptured from ITEM K-8) CONSENT AGENDA RESOLUTION Disaster Recoverty Initiative Agreement Page 104 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 underperforming municipalities. This brought the total of the first round of Disaster Recovery Program Funds received by the City of Miami Gardens to $1,450,000. These funds have been used to rehab and harden owner occupied homes within Miami Gardens that were damaged by the Hurricanes of 2005. A total of 45 homes have been rehabilitating and City Staff is in the process of pre-qualifying an additional 19 home owners. The resolution accepting the initial allocation of $375,000 was approved by City Council on May 23, 2007 (Resolution No. 2007-85-592) and the resolutions amending the contract and accepting the additional funding allocations of $700,000 and $375,000 were approved by Council on July 23, 2008 (Resolution No. 2008-144-831) and April 14, 2010 (Resolution No. 2010-067-1249), respectively. Current Situation The City’s contract for CDBG Disaster Recovery Initiative-Round 1 funds expired on June 30, 2010. However, because of the additionally allocated funds, reimbursement to the City for grant related expenditures could not be made because of the expired contract. Miami-Dade County is requesting to extend the City’s contract through June 30, 2011. The delay in requesting this contract extension is attributed to the delay experienced by the County in getting their contract for DRI Funds extended by the Department of Community Affairs. The attached resolution requests City Council approval to authorize the City Manager to execute the amendment to the agreement between Miami-Dade County and the City of Miami Gardens that was originally executed on June 15, 2007. The approval of this resolution would extend the Disaster Recovery Initiative-Round 1 contract to June 30, 2011. Proposed Action: Staff recommends City Council approve the attached resolution authorizing the City Manager to execute the Amendment #4 to the agreement between Miami-Dade County and the City of Miami Gardens. Attachment: • Amendment Four (4) to the FY 2005 CDBG Supplemental Disaster Recovery Initiative-Round 1 Governmental Contract Page 105 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY 5 MANAGER AND CITY CLERK TO EXECUTE AND ATTEST 6 RESPECTIVELY, THAT CERTAIN AMENDMENT #4 TO THE 7 DISASTER RECOVERY INITIATIVE AGREEMENT BETWEEN 8 MIAMI-DADE COUNTY AND THE CITY OF MIAMI GARDENS, 9 FLORIDA; PROVIDING FOR THE ADOPTION OF 10 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the Community Development Block Grant (“CDBG”) Disaster 13 Recovery Funds were made available to the State of Florida by the U.S. Department of 14 Housing and Urban Development (HUD) pursuant to the Military Construction 15 Appropriations and Emergency Hurricane Supplemental Appropriations Act, and 16 WHEREAS, the State of Florida received Eighty-Two Million Nine Hundred Four 17 Thousand Dollars ($82,904,000.00) which is being administered by the State’s 18 Department of Community Affairs through Florida’s sixteen (16) counties, and 19 WHEREAS, the City of Miami Gardens was initially awarded $375,000 through a 20 Miami-Dade County competitive process, and 21 WHEREAS, during the course of the Contract the County determined that the 22 City was effectively running its program, efficiently spending its allocated funds, and 23 awarded an additional $700,000 and $375,000 of Disaster Recovery Funds which were 24 recaptured from underperforming municipalities, and 25 WHEREAS, this brought the City of Miami Gardens’ first round of Disaster 26 Recovery Program Funds to One Million Four Hundred Fifty Thousand Dollars 27 ($1,450,000.00), and 28 WHEREAS, these funds are being used to rehab homeowner-occupied homes 29 within the City of Miami Gardens that were damaged by the hurricanes of 2005, and Page 106 of 276 2 WHEREAS, a total of forty-five (45) homes have been r 30 ehabilitated and City Staff 31 is in the process of prequalifying an additional nineteen (19) homeowners, and 32 WHEREAS, the City’s current contract with CDBG Disaster Recovery Initiative-33 Round 1 funds expired on June 30, 2010, and 34 WHEREAS, because of the additionally allocated funds, reimbursement to the 35 City for grant related expenditures could not be made because of an expired contract, 36 and 37 WHEREAS, Miami-Dade County is requesting that the City’s contract be 38 extended through June 30, 2011 in order to permit the City to continue to receive 39 reimbursement under the program, 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 42 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 43 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 44 made a specific part of this Resolution. 45 Section 2: AUTHORIZATION: The City Council of the City City of Miami Gardens 46 hereby authorizes the City Manager and City Clerk to execute and attest, respectively, 47 that certain Amendment #4 to the Disaster Recovery Initiative Agreement between 48 Miami-Dade County and the City of Miami Gardens, Florida. 49 Section 3: INSTRUCTIONS TO THE CLERK: The City Clerk is hereby 50 authorized to obtain two (2) fully executed copies of the subject Agreement with one to 51 be maintained by the City, and one to be delivered to Miami-Dade County. 52 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 53 upon its final passage. Page 107 of 276 3 PASSED AND ADOPTED BY THE CITY COUNCIL 54 OF THE CITY OF MIAMI 55 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. 56 57 ___________________________________ 58 SHIRLEY GIBSON, MAYOR 59 60 61 62 63 ATTEST: 64 65 66 __________________________________ 67 RONETTA TAYLOR, MMC, CITY CLERK 68 69 70 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 71 72 73 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 74 75 Moved by: __________________ 76 77 VOTE: _________ 78 79 Mayor Shirley Gibson ____ (Yes) ____ (No) 80 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 81 Councilwoman Lisa Davis ____ (Yes) ____ (No) 82 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 83 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 84 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 85 Councilman Andre’ Williams ____ (Yes) ____ (No) 86 87 88 89 Page 108 of 276 Page 109 of 276 Page 110 of 276 Page 111 of 276 Page 112 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No x Funding Source: N/A Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Shirley Gibson, Mayor Department: Mayor/Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING MAYOR SHIRLEY GIBSON’S APPOINTMENT OF J. PHILLIP TAVERNIER TO THE CARIBBEAN AFFAIRS COMMITTEE FOR A THREE YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Caribbean Affairs Committee, Mayor Shirley Gibson hereby submits her appointee for membership in accordance with Ordinance No. 09-11-183, Section (2) (c). Effective upon ratification, the committee will recognize J. Phillip Phillip Tavernier as an appointee of Mayor Gibson. The appointed members of the Committee will advise and make recommendations to the City Council on issues relating to Caribbean and persons of Caribbean descent, including: preserve and enhance the Caribbean culture within the City; promote greater appreciation and awareness of the culture amongst the population of the City; recommend social and cultural activities with a Caribbean focus and assist with the implementation of those activities at the direction of the City Council. Recommendation: That the City Council approves Mayor Gibson’s appointment of J. Phillip Tavernier to the Caribbean Affairs Committee. Attachment: ITEM K-9) CONSENT AGENDA RESOLUTION Mayor Gibson appointment to the Caribean Affairs Committee Page 113 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Board/Committee application. Page 114 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, RATIFYING MAYOR GIBSON’S APPOINTMENT 5 OF J. PHILLIP TAVERNIER TO THE CARIBBEAN AFFAIRS 6 COMMITTEE FOR A THREE-YEAR TERM; PROVIDING FOR THE 7 ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE 8 DATE 9 10 WHEREAS, the City established a Caribbean Affairs Board in accordance with 11 Ordinance No. 2009-11-183, and 12 WHEREAS, Mayor Shirley Gibson has appointed J. Phillip Tavernier to the 13 Caribbean Affairs Advisory Committee, and 14 WHEREAS, in accordance with Ordinance No. 2009-11-183, it is appropriate for 15 the City Council to ratify the appointment, 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 18 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20 made a specific part of this Resolution. 21 Section 2: RATIFICATION OF APPOINTMENT: The City Council hereby 22 ratifies Mayor Gibson’s appointment of J. Phillip Tavernier to the Caribbean Affairs 23 Committee for a two-year term. 24 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 25 upon its final passage. 26 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 27 GARDENS AT ITS REGULAR MEETING HELD ON _____________, .2010. 28 29 ___________________________________ 30 SHIRLEY GIBSON, MAYOR Page 115 of 276 2 1 2 3 4 5 ATTEST: 6 7 8 _______________________________ 9 RONETTA TAYLOR, MMC, CITY CLERK 10 11 Reviewed by SONJA KNIGHTON DICKENS, ESQ. 12 City Attorney 13 14 SPONSORED BY: MAYOR SHIRLEY GIBSON 15 16 Moved by: __________________ 17 18 VOTE: _________ 19 20 Mayor Shirley Gibson ____ (Yes) ____(No) 21 Vice Mayor Aaron Campbell Jr. ____ (Yes) ____(No) 22 Councilwoman Lisa C. Davis ____ (Yes) ____(No) 23 Councilman Oliver G. Gilbert III ____ (Yes) ____(No) 24 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 25 Councilwoman Felicia Robinson ____(Yes) ____(No) 26 Councilman Andre’ Williams ____(Yes) ____(No) 27 28 29 30 31 Page 116 of 276 Page 117 of 276 Page 118 of 276 Page 119 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: County Road Impact Fees – $3,279,809.85; Transportation Fund -$72,000 Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#10-11-003 NW 7th Avenue Enhancements X Sponsor Name Dr. Danny Crew, City Manager Department: Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AWARDING A BID TO TRANS FLORIDA DEVELOPMENT CORP, IN THE AMOUNT OF TWO MILLION, NINE HUNDRED EIGHTY-ONE THOUSAND, SIX HUNDRED FORTY-FIVE DOLLARS AND THIRTY-TWO CENTS ($2,981,645.32), PLUS A TEN PERCENT (10%) CONTINGENCY FOR A TOTAL AWARD OF THREE MILLION, TWO HUNDRED SEVENTYNINE THOUSAND, EIGHT HUNDRED NINE DOLLARS AND EIGHTY-FIVE CENTS ($3,279,809.85), FOR COMPLETION OF THE N.W. 7th AVENUE ENHANCEMENTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In October 2007 the City entered into a Joint Participation Agreement (JPA) with Miami-Dade County for the NW 7th Avenue Enhancements from NW 183rd Street to NW 199th Street. The project included design and construction. The design phase was awarded to Sanchez-Zeinali & Associates on February 2008. The planned enhancements on NW 7th Avenue include a center median, left turn lanes, curb and gutter, landscaping, irrigation, sidewalks, drainage, lighting as well as additional enhancement features. The ITEM K-10) CONSENT AGENDA RESOLUTION Awarding a bid to Trans Florida Development Corp. Page 120 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 JPA will fund all of these features except for irrigation, which will be covered with funds from the Public Works’ Transportation Fund in the amount of $72,000. In accordance with the JPA, the construction phase has a 17% Community Small Business Enterprise Subcontractor goal and a 12.6% Community Workforce Program goal. Specifications were prepared by city staff and Sanchez-Zeinali & Associates, for the NW 7th Avenue Enhancements in accordance with the JPA requirements. Bid #10-11-003 was advertised on September 22, 2010. The bid notice was also posted on the Miami-Dade Government Web site. A broadcast notice was sent to 944 vendors. A mandatory pre-bid meeting was held on October 5, 2010. Twenty-four (24) vendors attended. There were eight bids received and publicly read. The bid review process consisted of two phases. Each bidder had to submit two envelopes clearly marked “Envelope A” and “Envelope B”. On October 28, 2010 only “Envelopes A” were opened by city staff. These envelopes contained the Schedule of Intent Affidavit (SOI) checklist. The contents of “Envelopes A” were sent to Miami-Dade County‘s Department of Small Business Development for review and approval. The County had seventytwo hours to respond. Seven of eight bids were deemed responsive by the Department of Small Business Development. Once phase one approvals were provided by Department of Small Business Development, city staff publicly opened and read seven responsive bidders’ “Envelope B” bid prices on November 1, 2010. “Envelope B” contained required bid documents, such as bid bond; bid form; questionnaire; references; insurance certificate, etc. The one nonresponsive bidder’s “Envelope B” was not opened. Bids were evaluated for compliance with the specifications and their ability to perform the work. City staff checked the apparent low bidder’s references for past performances, finances, and insurances. All of the references were very favorable; the finances are okay, okay, insurance is sufficient. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review. Proposed Action: That the City Council approves the attached resolution authorizing the City Manager to execute a contract with the low bidder, Trans Florida Development Corp, located in Miami, Florida in the amount of $2,981,645.32 plus a ten percent contingency for a total of $3,279,809.85 for the NW 7th Avenue Enhancements. Miami-Dade County reviewed the tabulation sheets and concurs with staff’s recommendation. Attachment: Attachment A -Tabulation Sheet Attachment B – Joint Participation Agreement with Miami Dade County Page 121 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA AWARDING A BID TO TRANS FLORIDA 5 DEVELOPMENT CORP, IN THE AMOUNT OF TWO MILLION, NINE 6 HUNDRED EIGHTY-ONE THOUSAND, SIX HUNDRED FORTY-FIVE 7 DOLLARS AND THIRTY-TWO CENTS ($2,981,645.32), PLUS A TEN 8 PERCENT (10%) CONTINGENCY FOR A TOTAL AWARD OF THREE 9 MILLION, TWO HUNDRED SEVENTY-NINE THOUSAND, EIGHT 10 HUNDRED NINE DOLLARS AND EIGHTY-FIVE CENTS ($3,279,809.85), 11 FOR COMPLETION OF THE N.W. 7th AVENUE ENHANCEMENTS; 12 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 13 PROVIDING AN EFFECTIVE DATE. 14 15 WHEREAS, in October 2007, the City entered into a Joint Participation 16 Agreement with Miami-Dade County for the N.W. 7th Avenue enhancements from N.W. 17 183rd Street to N.W. 199th Street, and 18 WHEREAS, the Agreement with Miami-Dade County provided that the City would 19 institute a formal bid process for design and construction of the project, and 20 WHEREAS, the design phase was previously awarded awarded to Sanchez-Zeinali & 21 Associates on February 2009, and 22 WHEREAS, on September 22, 2010 Bid #10-11-003 was advertised, and 23 WHEREAS, eight (8) bids were received and publicly read, and 24 WHEREAS, seven (7) of eight (8) bids were deemed responsive by Miami-Dade 25 County Department of Small Business Development, and 26 WHEREAS, the apparent low bidder is Trans Florida Development Corp located 27 in Miami, Florida, and 28 WHEREAS, the City Manager is recommending that the City Council award the 29 bid to Trans Florida Development Corp in the amount of Two Million, Nine Hundred 30 Eighty-One Thousand, Six Hundred Forty-Five Dollars and Thirty-Two Cents 31 ($2,981,645.32) plus a ten percent (10%) contingency for a total award of Three Million, Page 122 of 276 2 Two Hundred Seventy-Nine Thousand, Eight Hundred N 32 ine Dollars and Eighty-Five 33 Cents ($3,279,809.85), and 34 WHEREAS, Miami-Dade County will fund the majority of the project except for 35 Seventy-Two Thousand ($72,000.00) Dollars which will be covered by the City through 36 the Public Works Transportation Fund, 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 41 made a specific part of this Resolution. 42 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43 hereby awards a bid to Trans Florida Development Corp in the amount of Two Million, 44 Nine Hundred Eighty-One Thousand, Six Hundred Forty-Five Dollars and Thirty-Two 45 Cents ($2,981,645.32), plus a ten percent (10%) contingency, for a total award of Three 46 Million, Two Hundred Seventy-Nine Thousand, Eight Hundred Nine Dollars and Eighty47 five Cents ($3,279,809.85) for completion of the N.W. 7th Avenue Enhancement. 48 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 49 upon its final passage. 50 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 51 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. 52 53 ___________________________________ 54 SHIRLEY GIBSON, MAYOR 55 56 57 58 Page 123 of 276 3 59 60 ATTEST: 61 62 63 __________________________________ 64 RONETTA TAYLOR, MMC, CITY CLERK 65 66 67 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 68 69 70 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 71 72 Moved by: __________________ 73 74 VOTE: _________ 75 76 Mayor Shirley Gibson ____ (Yes) ____ (No) 77 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 78 Councilwoman Lisa Davis ____ (Yes) ____ (No) 79 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 80 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 81 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 82 Councilman Andre’ Williams ____ (Yes) ____ (No) 83 84 85 86 Page 124 of 276 Tabulation Sheet -ITB#10-11-003 NW 7th Avenue Enhancements October 28, 2010 -November 1, 2010 Trans Florida Dev. Horizon Contractor Acosta Tractors Miami, FL Hialeah, FL Hialeah Gardens, FL Bid Item Qty. Unit Cost Total Unit Cost Total Unit Cost Total 10%Bond 1 yes yes yes Mobilization 1 $131,169.50 $45,000.00 $93,872.72 Ins-Bonds 1 $71,200.00 $40,000.00 $27,173.92 GC 1 $106,646.80 $90,000.00 $2,869.57 Sub Total $309,016.30 $175,000.00 $123,916.21 MOT 1 $49,700.44 $90,000.00 $80,307.12 Clear/Grub 1 $32,245.00 $25,000.00 $86,667.42 Reg Exc 11,251 $3.00 $33,753.00 $1.50 $16,876.50 $2.22 $24,977.22 Embank 1,683 $1.50 $2,524.50 $2.25 $3,786.75 $1.95 $3,281.85 Type B 28,533 $0.75 $21,399.75 $1.00 $28,533.00 $2.30 $65,625.90 Limerock 24,593 $7.50 $184,447.50 $9.00 $221,337.00 $7.53 $185,185.29 Mill Pave 445 $1.00 $445.00 $8.00 $3,560.00 $7.48 $3,328.60 Concrete 1,252 $102.25 $128,017.00 $100.00 $125,200.00 $114.41 $143,241.32 Type S-1 2,660 $74.90 $199,234.00 $85.00 $226,100.00 $81.42 $216,577.20 Temp Pave 9,975 $$4.65 $46,383.75 $15.00 $149,625.00 $14.91 $148,727.25 P-3<10 11 $3,155.85 $34,714.35 $3,100.00 $34,100.00 $3,804.56 $41,850.16 P-4<10 23 $3,155.85 $72,584.55 $3,800.00 $87,400.00 $4,148.74 $95,421.02 P-4 >10 4 $3,581.95 $14,327.80 $4,500.00 $18,000.00 $5,278.20 $21,112.80 P-5<10 9 $2,942.00 $26,478.00 $3,400.00 $30,600.00 $3,500.97 $31,508.73 P-5>10 5 $3,390.05 $16,950.25 $3,500.00 $17,500.00 $4,286.57 $21,432.85 P-6<10 8 $3,151.85 $25,214.80 $3,300.00 $26,400.00 $3,596.09 $28,768.72 P-6>10 5 $3,626.45 $18,132.25 $3,000.00 $15,000.00 $3,919.25 $19,596.25 J-7<10 3 $3,912.45 $11,737.35 $4,100.00 $12,300.00 $5,466.77 $16,400.31 J-7>10 28 $4,219.50 $118,146.00 $4,800.00 $134,400.00 $5,663.78 $158,585.84 P-7>10 3 $3,010.45 $9,031.35 $2,400.00 $7,200.00 $3,259.84 $9,779.52 15" pipe 1,442 $47.24 $68,120.08 $18.00 $25,956.00 $56.85 $81,977.70 19x45 pipe 48 $112.95 $5,421.60 $110.00 $5,280.00 $142.78 $6,853.44 18" pipe 779 $39.13 $30,482.27 $20.00 $15,580.00 $58.19 $45,330.01 36" pipe 752 $65.69 $49,398.88 $41.00 $30,832.00 $47.73 $35,892.96 36" fr drain 4,266 $116.10 $495,282.60 $85.00 $362,610.00 $104.48 $445,711.68 Type F curb 17,730 $8.40 $148,932.00 $10.00 $177,300.00 $12.12 $214,887.60 2" gutter 165 $9.40 $1,551.00 $10.00 $1,650.00 $10.49 $1,730.85 Type B curb 751 $8.17 $6,135.67 $10.00 $7,510.00 $13.05 $9,800.55 Traffic separt 470 $16.17 $7,599.90 $35.00 $16,450.00 $25.00 $11,750.00 Sidewalk 4" 6,950 $19.50 $135,525.00 $23.50 $163,325.00 $27.61 $191,889.50 Sidewalk 6" 2,950 $23.10 $68,145.00 $31.00 $91,450.00 $31.80 $93,810.00 Paver 216 $34.05 $7,354.80 $29.00 $6,264.00 $53.81 $11,622.96 Sod 5,360 $2.50 $13,400.00 $3.00 $16,080.00 $3.69 $19,778.40 Sub Total $2,082,815.44 $2,193,205.25 $2,573,411.02 Page 125 of 276 Cont. Pg 2 Trans Florida Dev. Horizon Contractor Acosta Tractor Bid Item Unit Cost Total Unit Cost Total Unit Cost Total Sign post 110 $165.00 $18,150.00 $240.00 $26,400.00 $179.35 $19,728.50 Bi-white/red 71 $2.65 $188.15 $4.00 $284.00 $2.89 $205.19 Bi-yellow/yell 653 $2.35 $1,534.55 $4.00 $2,612.00 $2.56 $1,671.68 Pave message 21 $45.00 $945.00 $95.00 $1,995.00 $65.22 $1,369.62 Direct arrow 20 $45.00 $900.00 $61.00 $1,220.00 $65.22 $1,304.40 Stripe 6" 2.461 $1,800.00 $4,429.80 $3,200.00 $7,875.20 $2,559.79 $6,299.64 Stripe 8" 131 $0.85 $111.35 $1.00 $131.00 $1.25 $163.75 Stripe 12" 1,918 $1.35 $2,589.30 $1.25 $2,397.50 $2.12 $4,066.16 Stripe 18" 71 $1.95 $138.45 $2.50 $177.50 $3.10 $220.10 Stripe 24" 1,045 $2.35 $2,455.75 $3.00 $3,135.00 $3.65 $3,814.25 Skip 10-30 0.141 $1,600.00 $225.60 $800.00 $112.80 $2,173.92 $306.52 Skip 2-4 1,044 $0.45 $469.80 $1.00 $1,044.00 $0.71 $741.24 Stripe YW 6" 2.651 $1,800.00 $4,771.80 $3,300.00 $8,748.30 $2,559.79 $6,786.00 Stripe YW 18" 469 $1.95 $914.55 $3.00 $1,407.00 $2.83 $1,327.27 Sub Total $37,824.10 $57,539.30 $48,004.33 Conduit 230 $10.00 $2,300.00 $14.00 $3,220.00 $13.37 $3,075.10 Junction box 18 $293.80 $5,288.40 $390.00 $7,020.00 $313.48 $5,642.64 Ped Signal 8 $633.80 $5,070.40 $725.00 $5,800.00 $769.79 $6,158.32 Loop ass. 5 $722.30 $3,611.50 $700.00 $3,500.00 $783.27 $3,916.35 Ped Detector 4 $109.00 $436.00 $165.00 $660.00 $123.70 $494.80 Traffic signal 12 $18.70 $224.40 $55.00 $660.00 $17.61 $211.32 Pedestrian sig 2 $18.70 $37.40 $55.00 $110.00 $17.61 $35.22 Pole removal 100 $82.80 $8,280.00 $85.00 $8,500.00 $32.94 $3,294.00 Controller 2 $127.00 $254.00 $450.00 $900.00 $140.98 $281.96 Det Ped 2 $21.20 $42.40 $60.00 $120.00 $11.74 $23.48 Conduit cable 2 $253.90 $507.80 $560.00 $1,120.00 $235.00 $470.00 Signal equip 2 $423.20 $846.40 $560.00 $1,120.00 $752.18 $1,504.36 Sub Total $26,898.70 $32,730.00 $25,107.55 Conductor #6 5,108 $1.00 $5,108.00 $1.25 $6,385.00 $1.09 $5,567.72 Conductor #4 10,216 $1.40 $14,302.40 $1.75 $17,878.00 $1.53 $15,630.48 2" PVC 5,108 $3.70 3.70 $18,899.60 $12.25 $62,573.00 $3.37 $17,213.96 Light pole 13 $338.50 $4,400.50 $350.00 $4,550.00 $376.09 $4,889.17 Load center 1 $5,932.00 $5,932.00 $4,250.00 $4,250.00 $6,814.90 $6,814.90 Luminaire 28 $1,378.20 $38,589.60 $1,650.00 $46,200.00 $1,643.48 $46,017.44 Pull box 37 $328.50 $12,154.50 $400.00 $14,800.00 $305.55 $11,305.35 Pole cable 28 $1,168.10 $32,706.80 $1,300.00 $36,400.00 $1,412.94 $39,562.32 Decorat pole 28 $6,356.20 $177,973.60 $6,600.00 $184,800.00 $6,930.11 $194,043.08 Sub Total $310,067.00 $377,836.00 $341,044.42 Cassia 9 $136.69 $1,230.21 $150.00 $1,350.00 $148.58 $1,337.22 White geiger 72 $213.80 $15,393.60 $240.00 $17,280.00 $232.47 $16,737.84 Orange geiger 28 $142.95 $4,002.60 $160.00 $4,480.00 $155.39 $4,350.92 Crinum lily 21 $40.41 $848.61 $45.00 $945.00 $43.93 $922.53 Jatropha tree 58 $134.42 $7,796.36 $150.00 $8,700.00 $146.11 $8,474.38 Royal palm 96 $229.55 $22,036.80 $255.00 $24,480.00 $249.52 $23,953.92 Tree barricade 312 $2.00 $624.00 $3.00 $936.00 $2.18 $680.16 Page 126 of 276 cont. pg 3 Trans Florida Dev Horizon Contractor Acosta Tractor Bid Item Unit Cost Total Unit Cost Total Unit Cost Total Relocate tree 1 $170.00 $170.00 $190.00 $190.00 $184.79 $184.79 Crown thorns 400 $8.96 $3,584.00 $10.00 $4,000.00 $9.74 $3,896.00 Island ficus 6,230 $8.23 $51,272.90 $10.00 $62,300.00 $8.95 $55,758.50 Firebush 190 $8.23 $1,563.70 $10.00 $1,900.00 $8.95 $1,700.50 Arboricola 3,450 $8.23 $28,393.50 $10.00 $34,500.00 $8.95 $30,877.50 Sod 2,443 $2.50 $6,107.50 $3.00 $7,329.00 $2.72 $6,644.96 Irrigation 1 $72,000.00 $80,000.00 $78,260.87 Sub Total $215,023.78 $248,390.00 $233,780.09 TOTAL $2,981,645.32 $3,084,700.55 $3,345,263.62 Page 127 of 276 Tabulation Sheet -ITB#10-11-003 NW 7th Avenue Enhancements October 28, 2010 -November 1, 2010 Tenex Enterprises General Asphalt Williams Paving Pompano Bch, FL Miami, FL Medley, FL Bid Item Qty. Unit Cost Total Unit Cost Total Unit Cost Total 10%Bond 1 yes yes yes Mobilization 1 $170,000.00 $10,000.00 $180,000.00 Ins-Bonds 1 $75,000.00 $40,000.00 $45,000.00 GC 1 $40,000.00 $125,000.00 $60,000.00 Sub Total $285,000.00 $175,000.00 $285,000.00 MOT 1 $80,000.00 $150,000.00 $183,000.00 Clear/Grub 1 $65,000.00 $50,000.00 $77,000.00 Reg Exc 11,251 $5.00 $56,255.00 $3.15 $35,440.65 $6.00 $67,506.00 Embank 1,683 $6.00 $10,098.00 $6.30 $10,602.90 $6.00 $10,098.00 Type B 28,533 $7.00 $199,731.00 $2.10 $59,919.30 $2.00 $57,066.00 Limerock 24,593 $11.00 $270,523.00 $9.50 $233,633.50 $11.50 $282,819.50 Mill Pave 445 $7.50 $3,337.50 $10.00 $4,450.00 $8.00 $3,560.00 Concrete 1,252 $95.00 $118,940.00 $90.00 $112,680.00 $95.00 $118,940.00 Type S-1 2,660 $85.00 $226,100.00 $83.00 $220,780.00 $91.00 $242,060.00 Temp Pave 9,975 9,975 $5.00 $49,875.00 $14.00 $139,650.00 $14.00 $139,650.00 P-3<10 11 $2,500.00 $27,500.00 $5,200.00 $57,200.00 $2,350.00 $25,850.00 P-4<10 23 $2,900.00 $66,700.00 $5,407.00 $124,361.00 $3,025.00 $69,575.00 P-4 >10 4 $3,000.00 $12,000.00 $5,500.00 $22,000.00 $4,250.00 $17,000.00 P-5<10 9 $3,200.00 $28,800.00 $5,200.00 $46,800.00 $3,350.00 $30,150.00 P-5>10 5 $3,500.00 $17,500.00 $4,700.00 $23,500.00 $3,825.00 $19,125.00 P-6<10 8 $3,600.00 $28,800.00 $5,775.00 $46,200.00 $3,600.00 $28,800.00 P-6>10 5 $2,800.00 $14,000.00 $5,000.00 $25,000.00 $3,650.00 $18,250.00 J-7<10 3 $2,800.00 $8,400.00 $6,825.00 $20,475.00 $3,500.00 $10,500.00 J-7>10 28 $2,900.00 $81,200.00 $4,725.00 $132,300.00 $4,125.00 $115,500.00 P-7>10 3 $3,000.00 $9,000.00 $3,675.00 $11,025.00 $3,375.00 $10,125.00 15" pipe 1,442 $30.00 $43,260.00 $53.00 $76,426.00 $50.00 $72,100.00 19x45 pipe 48 $110.00 $5,280.00 $115.00 $5,520.00 $130.00 $6,240.00 18" pipe 779 $35.00 $27,265.00 $53.00 $41,287.00 $60.00 $46,740.00 36" pipe 752 $50.00 $37,600.00 $63.00 $47,376.00 $50.00 $37,600.00 36" fr drain 4,266 $70.00 $298,620.00 $126.00 $537,516.00 $100.00 $426,600.00 Type F curb 17,730 $18.00 $319,140.00 $12.00 $212,760.00 $10.00 $177,300.00 2" gutter 165 $20.00 $3,300.00 $9.00 $1,485.00 $10.00 $1,650.00 Type B curb 751 $22.00 $16,522.00 $9.00 $6,759.00 $10.00 $7,510.00 Traffic separt 470 $35.00 $16,450.00 $20.00 $9,400.00 $30.00 $14,100.00 Sidewalk 4" 6,950 $30.00 $208,500.00 $26.00 $180,700.00 $32.00 $222,400.00 Sidewalk 6" 2,950 $33.00 $97,350.00 $34.00 $100,300.00 $36.00 $106,200.00 Paver 216 $75.00 $16,200.00 $60.00 $12,960.00 $45.00 $9,720.00 Sod 5,360 $3.00 $16,080.00 $3.00 $16,080.00 $2.70 $14,472.00 Sub Total $2,479,326.50 $2,774,586.35 $2,669,206.50 Page 128 of 276 Cont. Pg 2 Tenex Enterprises General Asphalt Williams Paving Bid Item Unit Cost Total Unit Cost Total Unit Cost Total Sign post 110 $200.00 $22,000.00 $210.00 $23,100.00 $236.30 $25,993.00 Bi-white/red 71 $4.00 $284.00 $3.15 $223.65 $3.80 $269.80 Bi-yellow/yell 653 $4.00 $2,612.00 $3.15 $2,056.95 $7.10 $4,636.30 Pave message 21 $115.00 $2,415.00 $220.00 $4,620.00 $93.50 $1,963.50 Direct arrow 20 $70.00 $1,400.00 $61.00 $1,220.00 $60.50 $1,210.00 Stripe 6" 2.461 $4,000.00 $9,844.00 $3,885.00 $9,560.99 $3,192.20 $7,856.00 Stripe 8" 131 $1.10 $144.10 $1.10 $144.10 $0.80 $104.80 Stripe 12" 1,918 $2.00 $3,836.00 $1.60 $3,068.80 $1.20 $2,301.60 Stripe 18" 71 $2.95 $209.45 $2.30 $163.30 $2.30 $163.30 Stripe 24" 1,045 $4.25 $4,441.25 $3.15 $3,291.75 $2.70 $2,821.50 Skip 10-30 0.141 $1,000.00 $141.00 $1,050.00 $148.05 $797.30 $112.42 Skip 2-4 1,044 $1.00 $1,044.00 $0.55 $574.20 $0.60 $626.40 Stripe YW 6" 2.651 $4,000.00 $10,604.00 $3,885.00 $10,299.14 $3,192.20 $8,462.52 Stripe YW 18" 469 $3.00 $1,407.00 $2.30 $1,078.70 $2.30 $1,078.70 Sub Total $60,381.80 $59,549.62 $57,599.85 Conduit 230 $12.00 $2,760.00 $12.00 $2,760.00 $15.00 $3,450.00 Junction box 18 $350.00 $6,300.00 $350.00 $6,300.00 $375.00 $6,750.00 Ped Signal 8 $650.00 $5,200.00 $650.00 $5,200.00 $960.00 $7,680.00 Loop ass. 5 $600.00 $3,000.00 $600.00 $3,000.00 $765.00 $3,825.00 Ped Detector 4 $150.00 $600.00 $150.00 $600.00 $250.00 $1,000.00 Traffic signal 12 $50.00 $600.00 $50.00 $600.00 $60.00 $720.00 Pedestrian sig 2 $50.00 $100.00 $50.00 $100.00 $27.50 $55.00 Pole removal 100 $75.00 $7,500.00 $75.00 $7,500.00 $44.00 $4,400.00 Controller 2 $400.00 $800.00 $400.00 $800.00 $500.00 $1,000.00 Det Ped 2 $50.00 $100.00 $50.00 $100.00 $38.00 $76.00 Conduit cable 2 $500.00 $1,000.00 $500.00 $1,000.00 $530.00 $1,060.00 Signal equip 2 $500.00 $1,000.00 $500.00 $1,000.00 $350.00 $700.00 Sub Total $28,960.00 $28,960.00 $30,716.00 Conductor #6 5,108 $1.10 $5,618.80 $1.10 $5,618.80 $2.00 $10,216.00 Conductor #4 10,216 $1.50 $15,324.00 $1.50 $15,324.00 $2.50 $25,540.00 2" PVC 5,108 $11.00 $56,188.00 $11.00 $56,188.00 $15.00 $76,620.00 Light pole 13 $301.00 $3,913.00 $281.00 $3,653.00 $500.00 $6,500.00 Load center 1 $3,810.00 $3,810.00 $3,621.00 $3,621.00 $5,000.00 $5,000.00 Luminaire 28 $1,466.00 $41,048.00 $1,397.00 $39,116.00 $1,725.00 $48,300.00 Pull box 37 $361.00 $13,357.00 $341.00 $12,617.00 $400.00 $14,800.00 Pole cable 28 $1,174.00 $32,872.00 $1,118.00 $31,304.00 $1,250.00 $35,000.00 Decorat pole 28 $5,500.00 $154,000.00 $5,648.00 $158,144.00 $6,550.00 $183,400.00 Sub Total $326,130.80 $325,585.80 $405,376.00 Cassia 9 $170.00 $1,530.00 $143.00 $1,287.00 $150.00 $1,350.00 White geiger 72 $170.00 $12,240.00 $225.00 $16,200.00 $235.00 $16,920.00 Orange geiger 28 $170.00 $4,760.00 $150.00 $4,200.00 $157.00 $4,396.00 Crinum lily 21 $50.00 $1,050.00 $43.00 $903.00 $44.40 $932.40 Jatropha tree 58 $150.00 $8,700.00 $141.00 $8,178.00 $147.70 $8,566.60 Royal palm 96 $400.00 $38,400.00 $240.00 $23,040.00 $252.30 $24,220.80 Tree barricade 312 $75.00 $23,400.00 $3.00 $936.00 $2.20 $686.40 Page 129 of 276 cont. pg 3 Tenex Enterprises General Asphalt Williams Paving Bid Item Unit Cost Total Unit Cost Total Unit Cost Total Relocate tree 1 $500.00 $500.00 $500.00 $500.00 $186.90 $186.90 Crown thorns 400 $9.00 $3,600.00 $9.45 $3,780.00 $9.80 $3,920.00 Island ficus 6,230 $5.75 $35,822.50 $8.65 $53,889.50 $9.00 $56,070.00 Firebush 190 $6.00 $1,140.00 $8.65 $1,643.50 $9.00 $1,710.00 Arboricola 3,450 $5.75 $19,837.50 $8.65 $29,842.50 $9.00 $31,050.00 Sod 2,443 $3.00 $7,329.00 $3.00 $7,329.00 $2.70 $6,596.10 Irrigation 1 $110,200.00 $80,000.00 $79,144.60 Sub Total $268,509.00 $231,728.50 $235,749.80 TOTAL $3,448,308.10 $3,595,410.27 $3,683,648.15 Page 130 of 276 Tabulation Sheet -ITB#10-11-003 NW 7th Avenue Enhancements October 28, 2010 -November 1, 2010 JVA Engineering Lanzo Construction Miami, FL Deerfield Bch, FL Bid Item Qty. Unit Cost Total Unit Cost Total Unit Cost Total 10%Bond 1 yes yes Mobilization 1 $145,000.00 $250,000.00 Ins-Bonds 1 $41,000.00 $50,500.00 GC 1 $211,600.00 $55,000.00 Sub Total $397,600.00 $355,500.00 MOT 1 $162,375.20 $200,000.00 Clear/Grub 1 $323,644.76 $110,000.00 Reg Exc 11,251 $10.99 $123,648.49 $5.00 $56,255.00 Embank 1,683 $9.67 $16,274.61 $5.00 $8,415.00 Type B 28,533 $2.72 $77,609.76 $3.00 $85,599.00 Limerock 24,593 $10.01 $246,175.93 $12.00 $295,116.00 Mill Pave 445 $4.31 $1,917.95 $10.00 $4,450.00 Concrete 1,252 $95.00 $118,940.00 $125.00 $156,500.00 Type S-1 2,660 $100.36 $266,957.60 $115.00 $305,900.00 Temp Pave 9,975 $14.03 $139,949.25 $36.00 $359,100.00 P-3<10 11 $5,057.35 $55,630.85 $5,000.00 $55,000.00 P-4<10 23 $4,887.54 $112,413.42 $5,300.00 $121,900.00 P-4 >10 4 $4,543.47 $18,173.88 $6,400.00 $25,600.00 P-5<10 9 $2,493.00 $22,437.00 $5,200.00 $46,800.00 P-5>10 5 $2,874.70 $14,373.50 $6,200.00 $31,000.00 P-6<10 8 $2,873.43 $22,987.44 $6,200.00 $49,600.00 P-6>10 5 $3,410.13 $17,050.65 $6,300.00 $31,500.00 J-7<10 3 $5,158.86 $15,476.58 $8,500.00 $25,500.00 J-7>10 28 $6,410.65 $179,498.20 $9,700.00 $271,600.00 P-7>10 3 $2,494.90 $7,484.70 $4,000.00 $12,000.00 15" pipe 1,442 $25.61 $36,929.62 $58.00 $83,636.00 19x45 pipe 48 $116.05 $5,570.40 $128.00 $6,144.00 18" pipe 779 $34.42 $26,813.18 $61.00 $47,519.00 36" pipe 752 $55.42 $41,675.84 $87.00 $65,424.00 36" fr drain 4,266 $123.67 $527,576.22 $153.00 $652,698.00 Type F curb 17,730 $12.80 $226,944.00 $14.00 $248,220.00 2" gutter 165 $11.10 $1,831.50 $14.00 $2,310.00 Type B curb 751 $12.00 $9,012.00 $14.00 $10,514.00 Traffic separt 470 $25.00 $11,750.00 $34.00 $15,980.00 Sidewalk 4" 6,950 $27.35 $190,082.50 $39.00 $271,050.00 Sidewalk 6" 2,950 $31.81 $93,839.50 $40.00 $118,000.00 Paver 216 $53.65 $11,588.40 $46.00 $9,936.00 Sod 5,360 $3.71 $19,885.60 $4.00 $21,440.00 Sub Total $3,146,518.53 $3,804,706.00 Page 131 of 276 Cont. Pg 2 JVA Engineering Lanzo Construction Bid Item Unit Cost Total Unit Cost Total Unit Cost Total Sign post 110 $200.00 $22,000.00 $330.00 $36,300.00 Bi-white/red 71 $3.00 $213.00 $5.00 $355.00 Bi-yellow/yell 653 $3.00 $1,959.00 $5.00 $3,265.00 Pave message 21 $120.00 $2,520.00 $175.00 $3,675.00 Direct arrow 20 $60.00 $1,200.00 $90.00 $1,800.00 Stripe 6" 2.461 $4,224.00 $10,395.26 $4,000.00 $9,844.00 Stripe 8" 131 $1.10 $144.10 $1.00 $131.00 Stripe 12" 1,918 $1.60 $3,068.80 $1.50 $2,877.00 Stripe 18" 71 $2.40 $170.40 $4.00 $284.00 Stripe 24" 1,045 $3.20 $3,344.00 $5.00 $5,225.00 Skip 10-30 0.141 $1,056.00 $148.90 $2,000.00 $282.00 Skip 2-4 1,044 $0.80 $835.20 $1.25 $1,305.00 Stripe YW 6" 2.651 $4,224.00 $11,197.82 $4,000.00 $10,604.00 Stripe YW 18" 469 $2.40 $1,125.60 $4.00 $1,876.00 Sub Total $58,322.08 $77,823.00 Conduit 230 $18.00 $4,140.00 $17.00 $3,910.00 Junction box 18 $580.00 $10,440.00 $550.00 $9,900.00 Ped Signal 8 $765.00 $6,120.00 $325.00 $2,600.00 Loop ass. 5 $878.00 $4,390.00 $975.00 $4,875.00 Ped Detector 4 $180.00 $720.00 $195.00 $780.00 Traffic signal 12 $30.00 $360.00 $163.00 $1,956.00 Pedestrian sig 2 $40.00 $80.00 $163.00 $326.00 Pole removal 100 $35.00 $3,500.00 $23.00 $2,300.00 Controller 2 $890.00 $1,780.00 $975.00 $1,950.00 Det Ped 2 $40.00 $80.00 $20.00 $40.00 Conduit cable 2 $350.00 $700.00 $1,175.00 $2,350.00 Signal equip 2 $600.00 $1,200.00 $900.00 $1,800.00 Sub Total $33,510.00 $32,787.00 Conductor #6 5,108 $1.10 $5,618.80 $2.00 $10,216.00 Conductor #4 10,216 $1.85 $18,899.60 $4.25 $43,418.00 2" PVC 5,108 $10.00 $51,080.00 $17.00 $86,836.00 Light pole 13 $150.00 $1,950.00 $420.00 $5,460.00 Load center 1 $4,500.00 $4,500.00 $3,780.00 $3,780.00 Luminaire 28 $7,475.00 $209,300.00 $2,180.00 $61,040.00 Pull box 37 $425.00 $15,725.00 $555.00 $20,535.00 Pole cable 28 $1,168.15 $32,708.20 $1,560.00 $43,680.00 Decorat pole 28 $1,151.00 $32,228.00 $6,960.00 $194,880.00 Sub Total $372,009.60 $469,845.00 Cassia 9 $136.69 $1,230.21 $280.00 $2,520.00 White geiger 72 $213.87 $15,398.64 $245.00 $17,640.00 Orange geiger 28 $142.95 $4,002.60 $250.00 $7,000.00 Crinum lily 21 $40.41 $848.61 $45.00 $945.00 Jatropha tree 58 $134.42 $7,796.36 $190.00 $11,020.00 Royal palm 96 $229.55 $22,036.80 $990.00 $95,040.00 Tree barricade 312 $2.00 $624.00 $7.00 $2,184.00 Page 132 of 276 cont. pg 3 JVA Engineering Lanzo Construction Bid Item Unit Cost Total Unit Cost Total Unit Cost Total Relocate tree 1 $170.00 $170.00 $340.00 $340.00 Crown thorns 400 $8.96 $3,584.00 $9.00 $3,600.00 Island ficus 6,230 $8.23 $51,272.90 $8.00 $49,840.00 Firebush 190 $8.23 $1,563.70 $8.00 $1,520.00 Arboricola 3,450 $8.23 $28,393.50 $8.00 $27,600.00 Sod 2,443 $3.69 $9,014.67 $9.00 $21,987.00 Irrigation 1 $78,000.00 $58,000.00 Sub Total $223,935.99 $299,236.00 TOTAL $4,231,896.20 $5,039,897.00 Metric Express , Inc. was non-responsive -Envelope B was not opened This is only a tabulation of prices submitted and is not an indication of award or responsiveness Page 133 of 276 Page 134 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: NA Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Sponsor Name Mayor Shirley Gibson Department: Mayor and Council /Community Outreach Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT ALLOWING THE CITY OF MIAMI GARDENS TO PARTNER WITH THE MIAMI–DADE COUNTY PUBLIC SCHOOLS PROJECT VICTORY PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Project Victory is a special education program developed by Miami Dade County Public Schools that strives to prepare students for financial, personal and social independence by ensuring that they develop positive work ethics and behaviors. This program provides work-related community experiences for students with disabilities by developing social, emotional, and employability skills essential for employment and success in the workplace. Candidates for Project Victory are 11th and 12th graders enrolled in a Miami Dade County Public School Special Education program, seeking a special diploma option, and transitioning to the work force or trade school. Teacher and students that work under this program are governed by the Florida K-20 requirement code (Support for Learning), which serves as a Code of Conduct, along with school district policies, that governs all actions of the teacher, job coach, and students regarding discipline, instructions, attendance, dress code, etc. Current Situation It has been requested that the City of Miami Gardens become a partner with Project Victory, thus allowing students to benefit from on-the-job training and real-life experiences. The students will complete complete a volunteer application with City of Miami Gardens. While working at the City, each student will be ITEM K-11) CONSENT AGENDA RESOLUTION Project Victory Program Page 135 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 supervised and monitored by a Miami Dade Public School teacher and a job coach who has been finger printed and has received clearance with the school system. The teacher will provide lessons on steps to success in the work place. Students are trained in different capacities such as: filing, distribution of mail to departments, scanning plans, making copies, answering telephones, logging calls, stuffing envelopes for mass mail, sorting papers, preparing conference rooms and packets prior to meetings, and logging information into database. Students will practice employability skills such as consistent attendance, effective communication, and personal grooming. Conflict resolution and problem solving are also addressed. Students are provided with targeted job plan and given constant feedback. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to negotiate and execute an agreement allowing the City of Miami Gardens to partner with Miami Dade Public Schools Project Victory Program. Attachment: Attachment A – Miami Dade Public Schools Project Victory Overview Page 136 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO 5 NEGOTIATE AND EXECUTE AN AGREEMENT ALLOWING THE CITY 6 OF MIAMI GARDENS TO PARTNER WITH THE MIAMI–DADE COUNTY 7 PUBLIC SCHOOLS PROJECT VICTORY PROGRAM; PROVIDING FOR 8 THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE 9 DATE. 10 11 WHEREAS, Project Victory is a special education program, developed by Miami-12 Dade County Public Schools, which strives to prepare students for financial, personal 13 and social independence, and 14 WHEREAS, this program is designed to provide work related community 15 experiences for the students with disabilities by developing social, emotional and 16 employability skills essential for success in the workplace, and 17 WHEREAS, candidates for Project Victory are senior high school students ages 18 16 years or older, who are enrolled in Miami Dade County Public School Special 19 Education program, and 20 WHEREAS, Mayor Shirley Gibson recommends that the City of Miami Gardens 21 partner with Project Victory, to afford students the opportunity to acquire on-the-job 22 training and real-life work experience, by volunteering in City Hall offices, 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27 made a specific part of this Resolution. 28 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29 hereby authorizes the City Manager to negotiate and execute an Agreement to allow the 30 City of Miami Gardens to partner with the Miami-Dade County Public Schools Project Page 137 of 276 2 Victory Program. The City Manager is further authorized t 31 o take any and all steps 32 necessary to establish the City as a business site for Project Victory. 33 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 34 upon its final passage. 35 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 36 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. 37 38 ___________________________________ 39 SHIRLEY GIBSON, MAYOR 40 41 42 43 44 ATTEST: 45 46 47 __________________________________ 48 RONETTA TAYLOR, MMC, CITY CLERK 49 50 51 PREPARED BY: SONJA K., DICKENS, ESQ., CITY ATTORNEY 52 53 54 SPONSORED BY: MAYOR SHIRLEY GIBSON 55 56 MOVED BY: __________________ 57 58 VOTE: _________ 59 60 Mayor Shirley Gibson ____ (Yes) ____ (No) 61 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 62 Councilwoman Lisa Davis ____ (Yes) ____ (No) 63 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) 64 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 65 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 66 Councilman Andre’ Williams ____ (Yes) ____ (No) 67 68 69 70 Page 138 of 276 Page 139 of 276 Page 140 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Councilwoman Felicia Robinson Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CONFIRMING COUNCILWOMAN FELICIA ROBINSON’S APPOINTMENT OF JIMMIE PARROTT TO THE DR. MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: In accordance with the establishment of the Martin Luther King Committee (MLK), Councilwoman Felicia Robinson hereby submits her appointee for membership in accordance with the Ordinance 2007-17-123, Sections (2) and (3). Upon approval of the City Council, the committee will recognize Jimmie Parrott as an appointee of Councilwoman Robinson. These appointed members will adhere to duties and powers of the Advisory Committee as outlined in the Ordinance. Proposed Action: Councilwoman Felicia Robinson is requesting that City Council ratify the appointment as submitted. Attachment: ITEM K-12) CONSENT AGENDA RESOLUTION Councilwoman Robinson appointment to MLK Committee Page 141 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Board application Page 142 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA CONFIRMING COUNCILWOMAN FELICIA 5 ROBINSON’S APPOINTMENT OF JIMMIE PARROTT TO THE DR. 6 MARTIN LUTHER KING, JR. HOLIDAY STEERING COMMITTEE; 7 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, Councilwoman Robinson has appointed Jimmie Parrott to serve as 11 her appointee to the Dr. Martin Luther King Jr. Holiday Steering Committee for a term of 12 one year, and 13 WHEREAS, it is appropriate for the City Council to confirm Councilwoman Felicia 14 Robinson’s appointment of Jimmie Parrott to the Dr. Martin Luther King Jr Holiday 15 Steering Committee, 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 18 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20 made a specific part of this Resolution. 21 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 22 hereby confirms Councilwoman Robinson’s appointment of Jimmie Parrott to the Dr. 23 Martin Luther King, Jr. Holiday Steering Committee for a one-year term. 24 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 25 upon its final passage. 26 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 27 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. Page 143 of 276 1 2 ___________________________________ 3 SHIRLEY GIBSON, MAYOR 4 5 6 7 8 ATTEST: 9 10 11 __________________________________ 12 RONETTA TAYLOR, MMC, CITY CLERK 13 14 15 REVIEWED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 16 17 18 SPONSORED BY: COUNCILWOMAN FELICIA ROBINSON 19 20 Moved by: __________________ 21 22 VOTE: _________ 23 24 Mayor Shirley Gibson ____ (Yes) ____ (No) 25 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 26 Councilwoman Lisa Davis ____ (Yes) ____ (No) 27 Councilman Oliver Gilbert III ____ (Yes) ____ (No) 28 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 29 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 30 Councilman Andre’ Williams ____ (Yes) ____ (No) 31 32 33 34 Page 144 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 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: Lease-Purchase Agreement 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 Dr. Danny Crew, City Manager Department: City Manager’s Office Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE DELIVERY OF A LEASE OBLIGATION OF THE CITY OF MIAMI GARDENS, FLORIDA FOR THE PURPOSE OF FINANCING THE COSTS OF A TRAFFIC SAFETY CAMERA SYSTEM, AND PAYING COSTS OF ISSUANCE OF THE LEASE OBLIGATION; ACCEPTING THE COMMITMENT OF SUNTRUST EQUIPMENT FINANCE & LEASING CORP. (“SEFLC”) TO PROVIDE THE FINANCING; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT WITH SEFLC; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT WITH SEFLC AND SUNTRUST BANK; AWARDING THE LEASE OBLIGATION TO SEFLC; AND PROVIDING AN EFFECTIVE DATE. Staff Summary: Under a previous item, the City Council adopted an ordinance authorizing the borrowing $3,375,000.00 for the purpose of financing the costs of a traffic safety camera system and paying costs of the borrowing. In order to receive the funding mentioned above, it is necessary for the City to enter into an Escrow Agreement and Lease Obligation with a banking institution. The banking institution, which provided the most competitive rate, is SunTrust Bank and its subsidiary SunTrust Equipment Finance and Leasing Corp (SEFLC). The Terms of the Lease Obligation is as follows: • Type of Financing: Tax Exempt Lease Purchase • Financing Amount: $3,375,000 ITEM K-13) CONSENT AGENDA RESOLUTION Financing for Traffic Safety Camera System Page 145 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Lease Term: 5 year • Interest Rate: 2.27 % • Payment Mode: Monthly in Arrears • Pre-payment penalty: 1% Proposed Action: That the City Council adopt the attached Resolution awarding the lease obligation to SunTrust Equipment Finance and Leasing Corp. and authorizing the execution of a Escrow Agreement with SunTrust Equipment Finance and Leasing Corp. and Sun Trust Bank. Attachment: Attachment A: Lease Agreement Attachment B: Escrow Agreement Attachment C: SunTrust Financing Proposal Page 146 of 276 {M1936112_1} RESOLUTION NO. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE DELIVERY OF A LEASE OBLIGATION OF THE CITY OF MIAMI GARDENS, FLORIDA FOR THE PURPOSE OF FINANCING THE COSTS OF A TRAFFIC SAFETY CAMERA SYSTEM, AND PAYING COSTS OF ISSUANCE OF THE LEASE OBLIGATION; ACCEPTING THE COMMITMENT OF SUNTRUST EQUIPMENT FINANCE & LEASING CORP. (“SEFLC”) TO PROVIDE THE FINANCING; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT WITH SEFLC; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT WITH SEFLC AND SUNTRUST BANK; AWARDING THE LEASE OBLIGATION TO SEFLC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 8, 2010, the City Council (the “Council”) of the City of Miami Gardens, Florida (the “City”) adopted Ordinance No. 2010-______ (the “Ordinance”), authorizing the borrowing of not exceeding Three Million Three Hundred Seventy-Five Thousand Dollars ($3,375,000) for the purpose of financing the costs of a traffic safety camera system (the “Project”), and paying costs of the borrowing, and WHEREAS, the Council hereby determines it to be in the best interests of the City to accept a commitment (the “Commitment”) from SunTrust Equipment Finance & Leasing Corp. (“SEFLC”), which is attached as an Exhibit “A” to this Resolution, to enter into a lease agreement with SEFLC to provide financing for the Project, rather than issue bonds for such purpose, in accordance with the additional findings set forth herein; and WHEREAS, the Council desires to set forth the details of the lease agreement and the other provisions of the financing in a Master Lease Agreement with SEFLC (the “Lease Agreement”); 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 Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. SECTION 2. AUTHORIZATION OF LEASE: In accordance with the provisions of the Charter of the City and Chapter 166, Florida Statutes, the Council hereby authorizes lease financing for the Project, in an aggregate principal amount not to exceed $3,375,000. The details of the financing shall be set forth in the Lease Agreement. SECTION 3. APPROVAL OF FORM OF LEASE: The Council hereby approves the form and content of the Lease Agreement by and between the City and SEFLC, presented at this meeting and attached hereto as Exhibit “B”. The Mayor is hereby authorized to execute and deliver the Lease Agreement on behalf of the City, and the Clerk is authorized to place the City’s seal thereon and attest thereto, in substantially the form presented at this meeting, with such changes, modifications, deletions Page 147 of 276 {M1936112_1} 2 and insertions as the Mayor, with the advice of the City Attorney and Bond Counsel, may deem necessary and appropriate. Such execution and delivery shall be conclusive evidence of the approval thereof by the City. SECTION 4. APPROVAL OF FORM OF ESCROW AGREEMENT: The Council hereby approves the form and content of the Escrow Agreement by and among the City, SEFLC and SunTrust Bank, presented at this meeting and attached hereto as Exhibit “C”. The Mayor is hereby authorized to execute and deliver the Escrow Agreement on behalf of the City, and the Clerk is authorized to place the City’s seal thereon and attest thereto, in substantially the form presented at this meeting, with such changes, modifications, deletions and insertions as the Mayor, with the advice of the City Attorney and Bond Counsel, may deem necessary and appropriate. Such execution and delivery shall be conclusive evidence of the approval thereof by the City. SECTION 5. 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 Resolution and the other documents identified herein. SECTION 6. SECURITY FOR THE LEASE: The City hereby authorizes that the rent payments under the Lease be secured by a covenant to budget and appropriate sufficient available funds in each fiscal year, as further set forth in the Lease Agreement. SECTION 7. NEGOTIATED FINANCING: Based upon the uncertainty of the interest rate environment if the lease transaction is delayed, the City hereby determines the necessity for a negotiated financing of the Project pursuant to a lease arrangement. Prior to finalizing the Lease Agreement with SEFLC, the City will require that it be provided all applicable disclosure information required by Section 218.385, Florida Statutes. The negotiated financing of the Project pursuant to the terms of the Lease Agreement is hereby approved. SECTION 8. EFFECTIVE DATE: This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON DECEMBER 8, 2010. SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Page 148 of 276 {M1936112_1} 3 CITY ATTORNEY Prepared by YOSS, LLP, Bond Counsel SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY: _________________________ SECONDED BY: ______________________ VOTE: ______________ Mayor Shirley Gibson ____(Yes) ____(No) Vice Mayor Aaron Campbell ____(Yes) ____(No) Councilwoman Lisa Davis ____(Yes) ____(No) Councilwoman Felicia Robinson ____(Yes) ____(No) Councilman Oliver Gilbert III ____(Yes) ____(No) Councilwoman Sharon Pritchett ____(Yes) ____(No) Councilman Andre L. Williams ____(Yes) ____(No) Page 149 of 276 {M1936073_1} 1 SUNTRUST EQUIPMENT FINANCE & LEASING CORP. MASTER LEASE AGREEMENT LEASE NUMBER 01 This MASTER LEASE AGREEMENT (the “Agreement”), dated as of December __, 2010 is made and entered into by and between SUNTRUST EQUIPMENT FINANCE & LEASING CORP., a Virginia corporation, as lessor (the “Lessor”), and CITY OF MIAMI GARDENS, FLORIDA, a political subdivision of the State of Florida, as lessee (“Lessee”). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS AND EXHIBITS Section 1.1. Definitions. The following terms have the meanings specified below. “Acceptance Certificate” means each Acceptance Certificate delivered by Lessee as part of an Equipment Schedule certifying as to the delivery, installation and acceptance of Equipment. “Act” means, collectively, Chapter 166, Florida Statutes, the Constitution of the State, and other applicable provisions of law. “Agreement” means this Master Lease Agreement and all Equipment Schedules hereto. “Agreement Date” means the date first written above. “Code” means the Internal Revenue Code of 1986, as amended, together with Treasury Regulations promulgated from time to time thereunder. “Equipment” means all items of property described in Equipment Schedules and subject to this Agreement. “Equipment Group” means each group of Equipment listed in a single Equipment Schedule. “Equipment Schedule” means each sequentially numbered schedule executed by Lessor and Lessee with respect to an Equipment Group. “Escrow Account” means the equipment acquisition account established by Lessor and Lessee with the Escrow Agent pursuant to the Escrow Agreement. “Escrow Agent” means SunTrust Bank, a Georgia banking corporation, and any successor escrow agent under the Escrow Agreement. Page 150 of 276 {M1936073_1} 2 “Escrow Agreement” means the Escrow Agreement, substantially in the form of Exhibit F hereto, to be executed by Lessor, Lessee and the Escrow Agent upon the first funding of an Equipment Schedule using the procedure described in Section 2.4. “Events of Default” means those events described in Section 12.1. “Fiscal Year” means each 12-month fiscal period of Lessee. “Funding Date” means, with respect to each Lease, the date Lessor makes payment to the Vendor(s) named in the related Equipment Schedule or reimburses Lessee for the purchase price of the related Equipment Group or, if the procedure described in Section 2.4 is utilized, the date Lessor deposits funds equal to such purchase price into the Escrow Account. “Interest” means the portion of a Rental Payment designated as and comprising interest as provided in a Payment Schedule. “Lease” means, with respect to each Equipment Group, this Agreement and the Equipment Schedule relating thereto, which together shall constitute a separate contract between Lessor and Lessee relating to such Equipment Group. “Lease Date” means, with respect to each Lease, the date so designated in the related Equipment Schedule. “Lease Term” means, with respect to each Equipment Group, the period during which the related Lease is in effect as specified in Section 3.1. “Net Proceeds” means any insurance proceeds or condemnation awards paid with respect to any Equipment remaining after payment therefrom of all expenses incurred in the collection thereof. “Non-Appropriation” means the failure of Lessee, Lessee’s governing body, or, if applicable, the governmental entity from which Lessee obtains its operating and/or capital funds to appropriate money for any Fiscal Year sufficient for the continued performance by Lessee of all of Lessee’s obligations under this Agreement, as evidenced by the passage of an ordinance or resolution specifically prohibiting Lessee from performing its obligations under this Agreement with respect to any Equipment, and from using any moneys to pay any Rental Payments due under this Agreement for a designated Fiscal Year and all subsequent Fiscal Years. “Payment Date” means each date upon which a Rental Payment is due and payable as provided in a Payment Schedule. “Payment Schedule” means the schedule of Rental Payments attached to an Equipment Schedule. “Principal” means the portion of any Rental Payment designated as and comprising principal as provided in a Payment Schedule. “Prepayment Price” means the amount so designated and set forth opposite a Payment Date Page 151 of 276 {M1936073_1} 3 in a Payment Schedule indicating the amount for which Lessee may purchase the related Equipment Group as of such Payment Date after making the Rental Payment due on such Payment Date. “Rental Payment” means each payment due from Lessee to Lessor on a Payment Date. “Specifications” means the bid specifications and/or purchase order pursuant to which Lessee has ordered any Equipment from a Vendor. “State” means the state of Florida. “Vendor” means each of the manufacturers or vendors from which Lessee has ordered or with which Lessee has contracted for the manufacture, delivery and/or installation of the Equipment. Section 1.2. Exhibits. Exhibit A: Equipment Schedule including form of Acceptance Certificate and form of Payment Schedule. Exhibit B-1: Form of Tax Agreement and Arbitrage Certificate (Escrow). Exhibit C-1: Form of Resolution of the City Council of Lessee relating to each Lease (Escrow). Exhibit D: Form of Incumbency Certificate as to each officer or representative of Lessee executing this Agreement or any Lease. Exhibit E: Form of Opinion of City Attorney. Exhibit F: Form of Escrow Agreement. Exhibit G-1: Form of Confirmation of Outside Insurance. Exhibit G-2: Form of Questionnaire for Self-Insurance and Addendum to Equipment Schedule Relating to Self-Insurance. ARTICLE II. LEASE OF EQUIPMENT Section 2.1. Acquisition of Equipment. Prior to the addition of any Equipment Group, Lessee shall provide Lessor with a description of the equipment proposed to be subject to a Lease hereunder, including the cost and vendor of such equipment, the expected delivery date and the desired lease terms for such equipment, and such other information as the Lessor may require. If Lessor, in its sole discretion, determines the proposed equipment may be subject to a Lease hereunder, Lessor shall furnish to Lessee a proposed Equipment Schedule relating to the Equipment Group for execution by Lessee and then Lessor. By execution hereof, Lessor has made no commitment to lease any equipment to Lessee. Page 152 152 of 276 {M1936073_1} 4 Section 2.2. Disbursement. Lessor shall have no obligation to make any disbursement to a Vendor or reimburse Lessee for any payment made to a Vendor for an Equipment Group (or, if the escrow procedure described in Section 2.4 hereof is utilized, consent to a disbursement by the Escrow Agent) until five (5) business days after Lessor has received all of the following in form and substance satisfactory to Lessor: (a) a completed Equipment Schedule executed by Lessee; (b) an Acceptance Certificate in the form included with Exhibit A hereto; (c) a resolution or evidence of other official action taken by or on behalf of the Lessee to authorize the acquisition of the Equipment Group on the terms provided in such Equipment Schedule; (d) a Tax Agreement and Arbitrage Certificate in the form of Exhibit B-1 (as applicable) attached hereto; (e) evidence of insurance with respect to the Equipment Group in compliance with Article VII of this Agreement; (f) Vendor invoice(s) and/or bill(s) of sale relating relating to the Equipment Group, and if such invoices have been paid by Lessee, evidence of payment thereof and evidence of official intent to reimburse such payment as required by the Code; (g) financing statements executed by Lessee as debtor and/or the original certificate of title or manufacturer’s certificate of origin and title application, if any, for any Equipment which is part of such Equipment Group and is subject to certificate of title laws; (h) a completed and executed Form 8038-G or 8038-GC, as applicable, or evidence of filing thereof with the Secretary of Treasury; (i) an opinion of counsel to the Lessee substantially in the form of Exhibit E hereto, and (j) any other documents or items reasonably required by Lessor. Section 2.3. Lease; Possession and Use. Lessor hereby leases the Equipment to Lessee, and Lessee hereby leases the Equipment from Lessor, upon the terms and conditions set forth herein. Lessee shall have quiet use and enjoyment of and peaceably have and hold each Equipment Group Group during the related Lease Term, except as expressly set forth in this Agreement. Section 2.4. Escrow Procedure. If Lessor and Lessee agree that the cost of an Equipment Group is to be paid from an Escrow Account: (a) Lessor and Lessee shall execute an Escrow Agreement substantially in the form of Exhibit F; (b) Lessor and Lessee shall execute an Equipment Schedule relating to such Equipment Group; and (c) Lessor shall deposit an amount equal to the cost of the Equipment Group into the Escrow Account. All amounts deposited by Lessor into the Escrow Account shall constitute a loan from Lessor to Lessee which shall be repaid by the Rental Payments due under the related Lease. ARTICLE III. TERM Section 3.1. Term. This Agreement shall be in effect from the Agreement Date until the earliest of (a) termination under Section 3.2 or (b) termination under Section 12.2; provided, however, no Equipment Schedules shall be executed after any Non-Appropriation or Event of Default. Each Lease with respect to an Equipment Group shall be in effect for a Lease Term commencing upon the Lease Date and ending as provided in Section 3.4. Page 153 of 276 {M1936073_1} 5 Section 3.2. Termination by Lessee. In the sole event of Non-Appropriation, this Agreement and each Lease hereunder shall terminate, in whole, but not in part, as to all Equipment effective upon the last day of the Fiscal Year for which funds were appropriated, in the manner and subject to the terms specified in this Article. Lessee may effect such termination by giving Lessor a written notice of termination and by paying to Lessor any Rental Payments and other amounts which are due and have not been paid at or before the end of its then current Fiscal Year. Lessee shall endeavor to give notice of such termination not less than ninety (90) days prior to the end of the Fiscal Year for which appropriations were made, and shall notify Lessor of any anticipated termination. In the event of termination of this Agreement as provided in this Section, Lessee shall comply with the instructions received from Lessor in accordance with Section 12.3. Section 3.3. Effect of Termination. Upon termination of of this Agreement as provided in Section 3.2, Lessee shall not be responsible for the payment of any additional Rental Payments coming due in succeeding Fiscal Years, but if Lessee has not complied with the instructions received from Lessor in accordance with Section 12.3, the termination shall nevertheless be effective, but Lessee shall be responsible for the payment of damages in an amount equal to the amount of the Rental Payments that would thereafter have come due if this Agreement had not been terminated and which are attributable to the number of days after which Lessee fails to comply with Lessor’s instructions and for any other loss suffered by Lessor as a result of Lessee’s failure to take such actions as required. Section 3.4. Termination of Lease Term. The Lease Term with respect to any Lease will terminate upon the occurrence of the first of the following events: (a) the termination of this Agreement by Lessee in accordance with Section 3.2; (b) the payment of the Prepayment Price by Lessee pursuant to Article V; (c) an Event of Default by Lessee and Lessor’s election to terminate such Lease pursuant to Article XII; or (d) the payment by Lessee of all Rental Payments and all other amounts authorized or required to be paid by Lessee pursuant to such Lease. ARTICLE IV. RENTAL PAYMENTS Section 4.1. Rental Payments. Lessor and Lessee confirm their understanding and agreement that (a) all payment due under the Agreement are to be made only from Lessee’s legally available and appropriated revenues from sources other than ad valorem or other taxes, (b) that Lessee shall not be obligated to pay any sums due under the Agreement from the proceeds of ad valorem or other taxes, and (c) that Lessee’s contractual obligations to request annual appropriations from which payments due under the Agreement may be made does not constitute an indebtedness of Lessee within the meaning of any constitutional or statutory provision or limitation. The Lessee agrees to pay the Rental Payments due as specified in the Payment Schedule in Exhibit A. A portion of each Rental Payment is paid as interest as specified in the Payment Schedule of each lease, and the first Rental Payment will include Interest accruing from the Funding Date. Lessor is authorized to insert the due date of the first Rental Payment in the Payment Schedule in Exhibit A. All Rental Payments shall be paid to Lessor, or to such assignee(s) Lessor has assigned as stipulated in Article XI, at such places as Lessor or such assignee(s) may from time to time designate by written notice to Lessee. Lessee shall pay the Rental Payments with lawful money of the United States of America from moneys legally available therefor. Page 154 of 276 {M1936073_1} 6 Section 4.2. Current Expense. The obligations of Lessee, including its obligation to pay the Rental Payments due in any Fiscal Year of a Lease Term, shall constitute a current expense of Lessee for such Fiscal Year and shall not constitute an indebtedness of Lessee within the meaning of the Constitution and laws of the State. Nothing herein shall constitute a pledge by Lessee of any taxes or other moneys (other than moneys lawfully appropriated from time to time by or for the benefit of Lessee for this Agreement and the Net Proceeds of the Equipment) to the payment of any Rental Payment or other amount coming due hereunder. Section 4.3. Unconditional Rental Payments. The Lessee’s obligation to make Rental Payments shall be absolute and unconditional. Also, any other payments required hereunder shall be absolute and unconditional. Lessee shall make these payments when due and shall not withhold any of these payments pending final resolution of any disputes. The Lessee shall not assert any right of set-off or counterclaim against its obligation to make these payments. Lessee’s obligation to make Rental Payments or other payments shall not be abated through accident, unforeseen circumstances, failure of the Equipment to perform as desired, damage or destruction to the Equipment, loss of possession of the Equipment or obsolescence of the Equipment. The Lessee shall be obligated to continue to make payments required of it by this Agreement if title to, or temporary use of, the Equipment or any part thereof shall be taken under exercise of the power of eminent domain. ARTICLE V. OPTION TO PREPAY Section 5.1. Option to Prepay. Lessee shall have the option to prepay its obligations under any Lease in whole but not in part on any Payment Date for the then applicable Prepayment Price (which shall include a prepayment fee) as set forth in the related Payment Schedule, provided there has been no Non-Appropriation or Event of Default. Section 5.2. Exercise of Option. Lessee shall give notice to Lessor of its its intention to exercise its option not less than thirty (30) days prior to the Payment Date on which the option will be exercised and shall pay to Lessor not later than such Payment Date an amount equal to all Rental Payments and any other amounts then due or past due under the related Lease (including the Rental Payment due on the Payment Date on which the option shall be effective) and the applicable Prepayment Price set forth in the related Payment Schedule. In the event that all such amounts are not received by Lessor on such Payment Date, such notice by Lessee of exercise of shall be void and the related Lease shall continue in full force and effect. Section 5.3. Release of Lessor’s Interest. Upon receipt of the Prepayment Price in good funds with respect to any Equipment Group, the Lease with respect to such Equipment Group shall terminate and Lessee shall become entitled to such Equipment Group AS IS, WHERE IS, WITHOUT WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE, except that such Equipment Group shall not be subject to any lien or encumbrance created by or arising through Lessor. Page 155 of 276 {M1936073_1} 7 ARTICLE VI. REPRESENTATIONS, WARRANTIES AND COVENANTS Section 6.1. Representations and Warranties of Lessee. Lessee represents and warrants as of the Agreement Date and as of each Lease Date as follows: (a) Lessee is a state or political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the Constitution and laws of the State, and is authorized under the Constitution and laws of the State to enter into this Agreement, each Lease and the transactions contemplated hereby and thereby, and to perform all of its obligations under this Agreement and each Lease. (b) The execution and delivery of this Agreement and each Lease have been duly authorized by all necessary action of Lessee’s governing body and such action is in compliance with all public bidding and other State and federal laws applicable to this Agreement, each Lease and the acquisition and financing of the Equipment by Lessee. (c) This Agreement and each Lease have been duly executed and delivered by and constitutes the valid and binding obligation of Lessee, enforceable against Lessee in accordance with their respective terms. (d) The execution, delivery and performance of this Agreement and each Lease by Lessee shall not (i) violate any State or federal law or local law or ordinance, or any order, writ, injunction, decree, or regulation of any court or other governmental agency or body applicable to Lessee, or (ii) conflict with or result in the breach or violation of any term or provision of, or constitute a default under, any note, bond, mortgage, indenture, agreement, deed of trust, lease or other obligation to which Lessee is bound. (e) There is no action, suit, proceeding, claim, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of Lessee’s knowledge, threatened against or affecting Lessee, challenging Lessee’s authority to enter into this Agreement or any Lease or any other action wherein an an unfavorable ruling or finding would adversely affect the enforceability of this Agreement or any Lease. (f) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time during the past ten (10) years has been terminated by Lessee as a result of insufficient funds being appropriated in any Fiscal Year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (10) years. (g) Lessee or Lessee’s governing body has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments during the current Fiscal Year, and such moneys will be applied in payment of all Rental Payments due and payable during such current Fiscal Year. (h) Lessee has an immediate need for, and expects to make immediate use of, the Equipment, which need is not temporary or expected to diminish during the applicable Lease Term. Page 156 of 276 {M1936073_1} 8 Lessee presently intends to continue each Lease hereunder for its entire Lease Term and to pay all Rental Payments relating thereto. (i) Lessee has complied and will comply with Section 218.38, Florida Statutes, with respect to each Lease. (j) The interest rate for the interest portion of the Rental Payments, on the first date interest begins to accrue, does not exceed a rate of interest permitted by Section 215.84, Florida Statutes. (k) During the Lease Term, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee permitted under the Act. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid under each Lease. (l) The original proceeds of each Lease, and the interest to be earned thereon, do not and will not exceed the amount necessary for the purpose for which such Lease is executed. (m) No sinking sinking fund is expected to be created by Lessee with respect to any Lease or the Rental Payments. (n) No other governmental obligations of Lessee are being issued at substantially the same time and sold pursuant to a common plan of financing which will be paid out of (or have substantially the same claim to be paid out of) substantially the same source of funds as each Lease. (o) No portion of the amounts received pursuant to each Lease will be used as a substitute for other funds which were otherwise to be used as a source of financing for any portion of the costs of Equipment and which have been and will be used to acquire, directly or indirectly, obligations producing a yield in excess of the yield on each Lease. (p) In connection with the execution and delivery of each Lease, no action has or will be taken which attempts to circumvent the provisions of Section 148 of the Code and the regulations promulgated thereunder by (i) enabling Lessee to exploit the difference between taxexempt and taxable interest rates to gain a material financial advantage and (ii) over burdening the tax-exempt bond market. (q) Lessee will not directly or indirectly use or permit the use of any proceeds of a Lease, or take or omit to take any action, that would cause the Rental Payments to be “federally guaranteed” within the meaning of Section 149(b) of the Code. (r) Lessee will submit to the Secretary of the Treasury information reporting statements and other information related to each Lease at the times and in the forms required by the Code. Page 157 of 276 {M1936073_1} 9 (s) To the best of the knowledge and belief of Lessee, the expectations of Lessee, as set forth in this Section 6.1, are reasonable, and there are no present facts, estimates and circumstances which would change the expectations contained therein. (t) The payment of the Rental Payments or any portion thereof is not (under the terms of any Lease or any underlying arrangement) directly or indirectly (1) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (2) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the costs for the Equipment will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee will on the date hereof enter into an amendment to a Professional Services Agreement (the “Services Agreement”) with American Traffic Solutions, Inc. to provide for the operation and maintenance of a traffic safety camera system which will constitute the initial Equipment Group subject to a Lease hereunder. The Services Agreement complies with the guidelines set forth in Revenue Procedure 97-13. Lessee will not enter into any other management or other service contract with respect to the use and operation of any Equipment, unless the guidelines set forth in Revenue Procedure 97-13 (or the guidelines set forth in Revenue Procedure 93-19, to the extent applicable, or any new, revised or additional guidelines applicable to management or services contracts) (the “Guidelines”) are satisfied, except to the extent it obtains a private letter ruling from the Internal Revenue Service or an opinion of nationally recognized bond counsel which allows for a variation from such Guidelines. (u) Lessee has reviewed and will review Internal Revenue Service Form 8038-G to be filed in connection with the execution and delivery of each Lease, and all of the information contained therein is, and will be, to the best of Lessee’s knowledge, true and correct, and Lessee will cause such Form 8038-G to be filed not later than 30 days after the execution and delivery of each Lease. Section 6.2. Covenants of Lessee. Lessee agrees that so long as any Rental Payments or other amounts due under this Agreement remain unpaid: (a) Lessee shall not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or regulation or in a manner contrary to that contemplated by this Agreement. Lessee shall obtain and maintain all permits and licenses necessary for the installation and operation of the Equipment. Lessee shall not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition would change or impair the originally intended functions, value or use of such Equipment. (b) Lessee shall provide Lessor access at all reasonable times to examine and inspect the Equipment and provide Lessor with such access to the Equipment as may be reasonably necessary to perform maintenance on the Equipment in the event of failure by Lessee to perform its obligations hereunder. Page 158 of 276 {M1936073_1} 10 (c) Lessee shall not, directly or indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or other claim with respect to the Equipment, other than the respective rights of Lessor and Lessee as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary duly to discharge or remove any such claim if the same shall arise at any time. Lessee shall reimburse Lessor for any expense incurred by Lessor in order to discharge or remove any such claim. (d) The person or entity in charge of preparing Lessee’s budget will include in the budget request for each Fiscal Year the Rental Payments to become due during such Fiscal Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Fiscal Year sufficient to pay all Rental Payments coming due therein. Lessor acknowledges that appropriation for Rental Payments is a governmental function which Lessee cannot contractually commit itself in advance to perform. Lessee acknowledges that this Agreement does not constitute such a commitment. However, Lessee reasonably believes that moneys in an amount sufficient to make all Rental Payments can and will lawfully be appropriated and made available to permit Lessee’s continued utilization of the Equipment in the performance of its essential functions during the applicable Lease Terms. (e) Lessee shall assure that its obligation to pay Rental Payments is not directly or indirectly secured by any interest in property, other than the Equipment, and that the Rental Payments will not be directly or indirectly secured by or derived from any payments of any type or any fund other than Lessee’s general purpose fund. (f) Upon Lessor’s request, Lessee shall provide Lessor with current financial statements, budgets, and proof of appropriation for the ensuing Fiscal Year and such other financial information relating to the ability of Lessee to continue this Agreement and each Lease as may be reasonably requested by Lessor. (g) Lessee shall promptly and duly execute and deliver to Lessor such further documents, instruments and assurances and take such further action as Lessor may from time to time reasonably request in order to carry out the intent and purpose of this Agreement and to establish and protect the rights and remedies created or intended to be created in favor of Lessor hereunder. Section 6.3. Tax Related Representations, Warranties and Covenants. (a) Incorporation of Tax Agreement and Arbitrage Certificate. As of each Lease Date and with respect each Lease, Lessee makes each of the representations, warranties and covenants contained in the Tax Agreement and Arbitrage Certificate delivered with respect to such Lease. By this reference each such Tax Agreement and Arbitrage Certificate is incorporated in and made a part of this Agreement. (b) Event of Taxability. If Lessor either (i) receives notice, in any form, from the Internal Revenue Service or (ii) reasonably determines, based on an opinion of independent tax counsel selected by Lessor, that Lessor may not exclude any Interest paid under any Lease from its Federal gross income (each an “Event of Taxability”), the Lessee shall pay to Lessor upon demand Page 159 of 276 {M1936073_1} 11 (x) an amount which, with respect to Rental Payments previously paid and taking into account all penalties, fines, interest and additions to tax (including all federal, state and local taxes imposed on the Interest due through the date of such event), will restore to Lessor its after-tax yield (assuming tax at the highest marginal tax rate and taking into account the time of receipt of Rental Payments and reinvestment at the after-tax yield rate) on the transaction evidenced by such Lease through the date of such event and (y) as additional Rental Payments to Lessor on each succeeding Payment Date such amount as will maintain such after-tax yield to Lessor. ARTICLE VII. INSURANCE AND RISK OF LOSS Section 7.1. Liability and Property Insurance. Lessee shall, at its own expense, procure and maintain continuously in effect during each Lease Term: (a) public liability insurance for death or injuries to persons, or damage to property arising out of or in any way connected to the Equipment sufficient to protect Lessor and/or assigns from liability in all events, with a coverage of not less than $1,000,000 per occurrence unless specified differently in the related Equipment Schedule, and (b) insurance against such hazards as Lessor may require, including, but not limited to, all-risk casualty and property insurance, in an amount equal to the greater of the full replacement cost of the Equipment or the applicable Prepayment Price of each Equipment Group. Section 7.2. Workers’ Compensation Insurance. If required by State law, Lessee shall carry workers’ compensation insurance covering all employees on, in, near or about the Equipment, and upon request, shall furnish to Lessor certificates evidencing such coverage throughout the Lease Term. Section 7.3. Insurance Requirements. (a) Insurance Policies. All insurance policies required by this Article shall be taken out and maintained with insurance companies acceptable to Lessor and shall contain a provision that thirty (30) days prior to any change in the coverage the insurer must provide written notice to the insured parties. No insurance shall be subject to any co-insurance clause. Each insurance policy shall name Lessor and/or its assigns as an additional insured party and loss payee regardless of any breach of warranty or other act or omission of Lessee and shall include a lender’s loss payable endorsement for the benefit of Lessor and/or is assigns. Prior to the delivery of Equipment, Lessee shall deposit with Lessor evidence satisfactory to Lessor of such insurance and, prior to the expiration thereof, shall provide Lessor evidence of all renewals or replacements thereof. (b) Self Insurance. With Lessor’s prior consent, Lessee may self-insure the Equipment by means of an adequate insurance fund set aside and maintained for that purpose which must be fully described in a letter delivered to Lessor in form acceptable to Lessor. (c) Evidence of Insurance. Lessee shall deliver to Lessor upon acceptance of any Equipment evidence of insurance which complies with this Article VII with respect to such Equipment to the satisfaction of Lessor, including, without limitation, the confirmation of insurance in the form of Exhibit G-1 attached hereto together with Certificates of Insurance, when available, or the Questionnaire for Self-Insurance and Addendum to Equipment Schedule Relating to Self-Insurance in the form of Exhibit G-2 attached hereto, as applicable. Page 160 of 276 {M1936073_1} 12 Section 7.4. Risk of Loss. To the extent permitted by applicable laws of the State, as between Lessor and Lessee, Lessee assumes all risks and liabilities from any cause whatsoever, whether or not covered by insurance, for loss or damage to any Equipment and for injury to or death of any person or damage to any property. Whether or not covered by insurance, Lessee hereby assumes responsibility for and agrees to indemnify Lessor from all liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses, including reasonable attorneys’ fees, imposed on, incurred by or asserted against Lessor that relate to or arise out of this Agreement, including but not limited to, (a) the selection, manufacture, purchase, acceptance or rejection of Equipment or the ownership of the Equipment, (b) the delivery, lease, possession, maintenance, use, condition, return or operation of the Equipment, (c) the condition of the Equipment sold or otherwise disposed of after possession by Lessee, (d) the conduct of Lessee, its officers, employees and agents, (e) a breach of Lessee of any of its covenants or obligations hereunder, (f) any claim, loss, cost or expense involving alleged damage to the environment relating to the Equipment, including, but not limited to investigation, removal, cleanup and remedial costs, and (g) any strict liability under the laws or judicial decisions of any state or the United States. This provision shall survive the termination of this Agreement. Section 7.5. Destruction of Equipment. Lessee shall provide a complete written report to Lessor immediately upon any loss, theft, damage or destruction of any Equipment and of any accident involving any Equipment. Lessor may inspect the Equipment at any time and from time to time during regular business hours. If all or any part of the Equipment is stolen, lost, destroyed or damaged beyond repair (“Damaged Equipment”), Lessee shall within thirty (30) days after such event either: (a) replace the same at Lessee’s sole expense with equipment having substantially similar Specifications and of equal or greater value to the Damaged Equipment immediately prior to the time of the loss occurrence, such replacement equipment to be subject to Lessor’s approval, whereupon such replacement equipment shall be substituted in the applicable Lease and the other related documents by appropriate endorsement or amendment; or (b) pay the applicable Prepayment Price of the Damaged Equipment determined as set forth in the related Equipment Schedule. Lessee shall notify Lessor of which course of action it will take within fifteen (15) days after the loss occurrence. If, within forty-five (45) days of the loss occurrence, (a) Lessee fails to notify Lessor; (b) Lessee and Lessor fail to execute an amendment to the applicable Equipment Schedule to delete the Damaged Equipment and add the replacement equipment or (c) Lessee has failed to pay the applicable Prepayment Price, then Lessor may, at its sole discretion, declare the applicable Prepayment Price Price of the Damaged Equipment, to be immediately due and payable. The Net Proceeds of insurance with respect to the Damaged Equipment shall be made available by Lessor to be applied to discharge Lessee’s obligation under this Section. ARTICLE VIII. OTHER OBLIGATIONS OF LESSEE Section 8.1. Maintenance of Equipment. Lessee shall notify Lessor in writing prior to moving the Equipment to another address and shall otherwise keep the Equipment at the address specified in the related Equipment Schedule. Lessee shall, at its own expense, maintain the Equipment in proper working order and shall make all necessary repairs and replacements to keep the Equipment in such condition including compliance with State and federal laws. Any and all replacement parts must be free of encumbrances and liens. All such replacement parts and accessories shall be deemed to be incorporated immediately into and to constitute an integral portion of the Equipment and as such, shall be subject to the terms of this Agreement. Page 161 of 2 76{M1936073_1} 13 Section 8.2. Taxes. Lessee shall pay all taxes and other charges which are assessed or levied against the Equipment, the Rental Payments or any part thereof, or which become due during the Lease Term, whether assessed against Lessee or Lessor, except as expressly limited by this Section. Lessee shall pay all utilities and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Equipment, and all special assessments and charges lawfully made by any governmental body that may be secured by a lien on the Equipment. Lessee shall not be required to pay any federal, state or local income, succession, transfer, franchise, profit, excess profit, capital stock, gross receipts, corporate, or other similar tax payable by Lessor, its successors or assigns, unless such tax is made as a substitute for any tax, assessment or charge which is the obligation of Lessee under this Section. Section 8.3. Advances. If Lessee shall fail to perform any of its obligations under this Article, Lessor may take such action to cure such failure, including the advancement of money, and Lessee shall be obligated to repay all such advances on demand, with interest at the rate of 18% per annum or the maximum rate permitted by law, whichever is less, from the date of the advance to the date of repayment. ARTICLE IX. TITLE Section 9.1. Title. During the Lease Term, ownership and legal title of all Equipment and all replacements, substitutions, repairs and modification shall be in Lessee and Lessee shall take all action necessary to vest such ownership and title in Lessee. Lessor does not own the Equipment and by this Agreement and each Lease is merely financing the acquisition of such equipment for Lessee. Lessor has not been in the chain of title of the Equipment, does not operate, control or have possession of the Equipment and has no control over the Lessee or the Lessee’s operation, use, storage or maintenance of the Equipment. Section 9.2. Security Interest. All provisions referencing Lessor having a security interest in the Equipment are hereby cancelled and shall not have any force or effect. Lessor and Lessee agree that the Agreement does not result in the creation of any lien, charge, security interest or other encumbrance upon the Equipment or any other asset of Lessee. Section 9.3. Modification of Equipment. Lessee will not, without the prior written consent of Lessor, affix or install any accessory equipment or device on any of the Equipment if such addition will change or impair the originally intended value, function or use of the Equipment. Section 9.4. Personal Property. The Equipment is and shall at all times be and remain personal property and not fixtures. ARTICLE X. WARRANTIES Section 10.1. Selection of Equipment. Each Vendor and all of the Equipment have been selected by Lessee. Lessor shall have no responsibility in connection with the selection of the Equipment, the ordering of the Equipment, its suitability for the use intended by Lessee, the acceptance by any Vendor or its sales representative of any order submitted, or any delay or failure by such Vendor or its sales representative to manufacture, deliver or install any Equipment for use by Lessee. Page 162 of 276 {M1936073_1} 14 Section 10.2. Vendor’s Warranties. Lessor hereby assigns to Lessee for and during the related Lease Term, all of its interest, if any, in all Vendor’s warranties, guarantees and patent indemnity protection, express or implied issued on or applicable to an Equipment Group, and Lessee may obtain the customary services furnished in connection with such warranties and guarantees at Lessee’s expense. Lessor has no obligation to enforce any Vendor’s warranties or obligations on behalf of itself or Lessee. Section 10.3. Disclaimer of Warranties. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE, DESIGN, CAPACITY, AND MANUFACTURE SELECTED BY LESSEE. LESSEE ACKNOWLEDGES THAT IT SELECTED THE EQUIPMENT WITHOUT ASSISTANCE OF LESSOR, ITS AGENTS OR EMPLOYEES. LESSOR IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT, AND DOES NOT INSPECT THE EQUIPMENT BEFORE DELIVERY TO LESSEE. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, CONDITION, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE CONTEMPLATED BY LESSEE OF THE EQUIPMENT, OR ANY OTHER REPRESENTATION OR WARRANTY WITH RESPECT TO THE EQUIPMENT. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EQUIPMENT OR LESSEE’S USE OF THE EQUIPMENT. ARTICLE XI. ASSIGNMENT AND SUBLEASING Section 11.1. Assignment by Lessor. Lessor, without Lessee’s consent, may assign and reassign all of Lessor’s right, title and/or interest in and to this Agreement or any Lease, including, but not limited to, the Rental Payments and other amounts payable by Lessee and Lessor’s interest in the Equipment, in whole or in part to one or more assignees or subassignee(s) by Lessor at any time. No such assignment shall be effective as against Lessee unless and until written notice of the assignment is provided to Lessee. When presented with a notice of assignment, Lessee will acknowledge in writing receipt of such notice for the benefit of Lessor and any assignee. Lessee shall keep a complete and accurate record of all such assignments. Section 11.2. Assignment and Subleasing by Lessee. Neither this Agreement nor any Lease or any Equipment may be assigned, subleased, sold, transferred, pledged or mortgaged by Lessee. ARTICLE XII. EVENTS OF DEFAULT AND REMEDIES Section 12.1. Events of Default Defined. The occurrence of any of the following events shall constitute an Event of Default under this Agreement and each Lease: (a) Lessee’s failure to pay, within ten (10) days following the due date thereof, any Rental Payment or other amount required to be paid to Lessor (other than by reason of Non-Appropriation). Page 163 of 276 {M1936073_1} 15 (b) Lessee’s failure to maintain insurance as required by Article VII. (c) With the exception of the above clauses (a) and (b), Lessee’s failure to perform or abide by any condition, agreement or covenant for a period of thirty (30) days after written notice by Lessor to Lessee specifying such failure and requesting that it be remedied, unless Lessor shall agree in writing to an extension of time prior to its expiration. (d) Lessor’s determination that any representation or warranty made by Lessee in this Agreement was untrue in any material respect upon execution of this Agreement or any Equipment Schedule. (e) The occurrence of an Event of Taxability. (f) The filing of a petition in bankruptcy by or against Lessee, or failure by Lessee promptly to lift any execution, garnishment or attachment of such consequence as would impair the ability of Lessee to carry on its governmental functions or assignment by Lessee for the benefit of creditors, or the entry by Lessee into an agreement of composition with creditors, or the approval by a court of competent jurisdiction of any adjustment of indebtedness of Lessee, or the dissolution or liquidation of Lessee. Section 12.2. Remedies on Default. In the event of default by Lessee under the Agreement, Lessor’s sole remedies shall be to sue Lessee for compensatory damages, which Lessee agrees to pay and which are hereby agreed to be the Prepayment Price applicable to the immediately preceding rental payment due date, as set forth on the Payment Schedule, plus any rental payments accrued and unpaid as of the date default, provided that in the event that Lessee voluntarily returns the Equipment to Lessor to a location specified by Lessor, at Lessee’s sole risk, cost and expense and in the condition required by Section 8.1 of the Agreement, Lessor shall not have any further remedies against Lessee. Lessor shall also have the right in the event of default to exercise any other right, remedy or privilege which may be available to it, including without limitation proceedings by appropriate court action to require specific performances of any provision of the Agreement other than Lessee’s covenant to return possession of and title to the Equipment, which covenant shall not be subject to enforcement by specific performance. Lessee shall remain liable for all legal fees and other costs and expenses; including court costs, incurred by Lessor in the enforcement of its remedies under the Agreement except to the extent prohibited by the Constitution and laws of the State of Florida. Section 12.3. Return of Equipment: Release of Lessee’s Interest. With respect to any provision of the Agreement requiring Lessee to return all or any portion of the Equipment to Lessor or to transfer title to all or any portion of the equipment to Lessor, Lessee agrees to voluntarily do so. In the event that Lessee fails or refuses to return or transfer the Equipment or title thereto voluntarily as set forth above, Lessor acknowledges that the Agreement does not and shall not create a right in Lessor to involuntarily dispossess Lessee of title to or possession of all or any item of the Equipment. In lieu of such right Lessor shall be entitled to and Lessee agrees to pay to Lessor immediately, but only from Lessee’s legally available and appropriated revenues from sources other than ad valorem or other taxes, the Prepayment Price applicable to the immediately preceding rental payment due date, as set forth on the Payment Schedule, plus any rental payments accrued and unpaid as of the date of such payment. Page 164 of 276 {M1936073_1} 16 Section 12.4 Late Charge. Lessor shall have the right to require late payment charge for each Rental or any other amount due hereunder which is not paid within 10 days of the date when due equal to the lesser of 5% of each late payment or the legal maximum. This Section is only applicable to the extent it does not affect the validity of this Agreement. ARTICLE XIII. MISCELLANEOUS PROVISIONS Section 13.1. Notices. All written notices to be given under this Agreement shall be given by mail to the party entitled thereto at its address specified beneath each party’s signature, or at such address as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage fully prepaid, or, if given by other means, when delivered at the address specified in this Section 13.1. Section 13.2. Binding Effect. This Agreement and each Lease hereunder hereunder shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and assigns. Specifically, as used herein the term “Lessor” means any person or entity to whom Lessor has assigned its right to receive Rental Payments under any Lease. Section 13.3. Severability. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 13.4. Entire Agreement; Amendments. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. This Agreement may be amended or modified only by written documents duly authorized, executed and delivered by Lessor and Lessee. Section 13.5. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or Clauses hereof. Section 13.6. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may reasonably be required for correcting any inadequate or incorrect description of the Equipment hereby leased or intended so to be, or for otherwise carrying out the expressed intention of this Agreement. Section 13.7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 13.8. Usury. It is the intention of the parties hereto to comply with any applicable usury laws; accordingly, it is agreed that, notwithstanding any provisions to the contrary herein or in any Equipment Schedule, in no event shall this Agreement or any Lease hereunder require the payment or permit the collection of Interest or any amount in the nature of Interest or fees in excess Page 165 of 276 {M1936073_1} 17 of the maximum amount permitted by applicable law. Any such excess Interest or fees shall first be applied to reduce Principal, and when no Principal remains, refunded to Lessee. In determining whether the Interest paid or payable exceeds the highest lawful rate, the total amount of Interest shall be spread through the applicable Lease Term so that the Interest is uniform through such term. Section 13.9. Lessee’s Performance. A failure or delay of Lessor to enforce any of the provisions of this Agreement or any Lease shall in no way be construed to be a waiver of such provision. Section 13.10. Waiver of Jury Trial. Lessor and Lessee hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Agreement. Section 13.11. USA Patriot Act Compliance Notification. Along with all other U.S. Financial institutions, we began complying with Section 326 of the USA Patriot Act effective October 1, 2003. Designed to assist the government in preventing the funding of terrorist and money laundering activities, this section of the USA Patriot Act requires us to know the business entities that are new to SunTrust Equipment Finance & Leasing Corp. To accomplish this we will obtain, verify and record information that identifies business entities that open new accounts with us. What this means to you: when you open your account with us for your business, we will ask you for business name, physical address, taxpayer identification number and other information that will allow us to verify your company’s identity. The information requested may include documents, such as your charter or Articles of Incorporation which will verify the identifying information you are giving us. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 166 of 276 {M1936073_1} 18 EXECUTION PAGE OF MASTER LEASE AGREEMENT LEASE NUMBER 01 IN WITNESS WHEREOF, Lessor has caused this Agreement to be executed in its corporate name by its duly authorized officer, and Lessee has caused this Agreement to be executed in its name by its duly authorized officer. CITY OF MIAMI GARDENS, FLORIDA, SUNTRUST EQUIPMENT & FINANCE Lessee LEASING CORP., Lessor By: By: Name: Shirley Gibson Name: Donald S. Keough Title: Mayor Title: Vice President Date: December __, 2010 Date: December __, 2010 Address: 1515 N.W. 167th Street Address: 300 E. Joppa Road Building 5, Suite 200 7th Floor Miami Gardens, FL 33169 Towson, MD 21286 Telephone: 305-662-8000 Telephone: 410-307-6648 Facsimile: 305-662-8001 Facsimile: 410-307-6702 [SEAL] ATTEST: By: Ronetta Taylor, City Clerk Page 167 of 276 {M1936073_1} 19 EXHIBIT A EQUIPMENT SCHEDULE NO. 01 TO LEASE NO. 01 The following Equipment comprises an Equipment Group which is the subject of the Master Lease Agreement dated as December __, 2010 (the “Agreement”) between the undersigned Lessor and Lessee. The Agreement is incorporated herein in its entirety, and Lessee hereby reaffirms each of its representations, warranties and covenants contained in the Agreement. Lessee warrants that no Non-Appropriation and no Event of Default, or event which, with the passage of time or the giving of notice or both, would constitute an Event of Default, has occurred under the Agreement. An Acceptance Certificate and Payment Schedule are attached to this Equipment Schedule and by reference are made a part hereof. The terms capitalized in this Equipment Schedule but not defined herein shall have the meanings assigned to them in the Agreement. EQUIPMENT GROUP The cost of the Equipment Group to be funded by Lessee under this Lease is [FUNDING AMOUNT] (the “Acquisition Cost”). The Equipment Group consists of the following Equipment which has been or shall be purchased from the Vendor(s) named below for the prices set forth below: [DESCRIBE EQUIPMENT GENERALLY; INCLUDE VENDORS AND PRICES] The Equipment Group is or will be located at the following address(es). Prior to relocation of the Equipment Group or any portion thereof during the Lease Term, Lessee will provide written notice to Lessor: [ADDRESS] CITY OF MIAMI GARDENS, FLORIDA, SUNTRUST EQUIPMENT & FINANCE Lessee LEASING CORP., Lessor By: By: Name: Shirley Gibson Name: Donald S. Keough Title: Mayor Title: Vice President Date: December __, 2010 Date: December __, 2010 Address: 1515 N.W. 167th Street Address: 300 E. Joppa Road Building 5, Suite 200 7th Floor Miami Gardens, FL 33169 Towson, MD 21286 Telephone: 305-662-8000 Telephone: 410-307-6648 Facsimile: 305-662-8001 Facsimile: 410-307-6702 Page 168 of 276 {M1936073_1} 20 Lease No.: 01 Equipment Schedule: 01 ACCEPTANCE CERTIFICATE I, the undersigned, hereby certify that I am the duly qualified and acting officer of the Lessee identified below and, with respect to the above referenced Equipment Schedule and Lease, that: 1. The Equipment described below has been delivered and installed in accordance with Lessee’s specifications, is in good working order and is fully operational and has been fully accepted by Lessee on or before the date indicated below: [DESCRIBE EQUIPMENT; INCLUDE SERIAL NUMBERS OR OTHER IDENTIFYING INFORMATION; INCLUDE VENDORS AND INVOICE PRICES; MAY BE DONE AS ATTACHMENT] 2. Attached are (a) evidence of insurance with respect to the Equipment in compliance with Article VII of the Agreement; (b) Vendor invoice(s) and/or bill(s) of sale relating to the Equipment, and if such invoices have been paid by Lessee, evidence of payment thereof (evidence of official intent to reimburse such payment as required by the Code having been delivered separately by Lessee); and (c) financing statements executed by Lessee as debtor and/or the original certificate of title or manufacturer’s certificate of origin and title application, if any, for any Equipment which is subject to certificate of title laws. 3. Rental Payments shall be due and payable by Lessee on the dates and in the amounts indicated on the Payment Schedule attached to the Equipment Schedule. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Lease during the current Fiscal Year of Lessee. Such moneys will be applied in payment of all such Rental Payments due and payable during such current Fiscal Year. Lessee anticipates that sufficient funds shall be available to make all Rental Payments due in subsequent Fiscal Years. 4. Lessee hereby authorizes and directs Lessor to fund the Acquisition Cost of the Equipment by paying, or directing the payment by the Escrow Agent (if applicable) of, the invoice prices to the Vendor(s), in each case as set forth above, or by reimbursing Lessee in the event such invoice prices have been previously paid by Lessee. ______ 5. Final Acceptance Certificate. This Acceptance Certificate constitutes final acceptance of all of the Equipment identified in the Equipment Schedule described above. Lessee certifies that upon payment in accordance with paragraph 4 above, or direction to the Escrow Agent (if applicable) to make payment, Lessor shall have fully and satisfactorily performed all of its covenants and obligations under the Lease. [CHECK BOX IF APPLICABLE.] [Signature Page follows] Page 169 of 276 {M1936073_1} 21 CITY OF MIAMI GARDENS, FLORIDA, Lessee By: Name: Title: Date: Page 170 of 276 {M1936073_1} 22 Lease Number: 01 Equipment Schedule: 01 PAYMENT SCHEDULE The Funding Date with respect to the above referenced Equipment Group shall be December __, 2010. The Annual Interest Rate applicable to the Equipment Group shall be ____%. Lessor shall retain any interest accruing between the Funding Date and the date on which interest begins to accrue in accordance with the Payment Schedule more fully set forth below. Lessee will make Rental Payments each consisting of Principal and Interest as set forth below for a term of ______ years. The first Rental Payment is due on __________, ____ and subsequent payments are due [monthly][quarterly] [semi-annually] [annually] on like date thereafter. Payment Payment Total Principal Interest Prepayment Number Date Payment Component Component Price* CITY OF MIAMI GARDENS, FLORIDA, Lessee By: Name: Title: Date: * After payment of Rental Payment due on such date. Page 171 of 276 {M1936111_1} 1 Lease No.: Shown on Schedule I Equipment Schedule: Shown on Schedule I SUNTRUST EQUIPMENT FINANCE & LEASING CORP. ESCROW AGREEMENT This ESCROW AGREEMENT, made and entered into as of the Date shown on Schedule I, by and among SUNTRUST EQUIPMENT FINANCE & LEASING CORP., a Virginia corporation (“Lessor”), the CITY OF MIAMI GARDENS, FLORIDA, which is a political subdivision or public body politic and corporate of the State of Florida (“Lessee”), and SUNTRUST BANK, a Georgia banking corporation, as Escrow Agent (“Escrow Agent”). In consideration of the mutual covenants herein contained, the parties hereto agree as follows: ARTICLE I. DEFINITIONS AND RECITALS Section 1.1. Definitions. The terms defined in this Section 1.1 shall, for all purposes of this Escrow Agreement, have the meanings specified below or on Schedule I. “Acquisition Costs” means, with respect to the Equipment, the contract price paid or to be paid to the person entitled to such payment upon acquisition or delivery of any portion of the Equipment in accordance with the purchase order or contract therefor. Acquisition Costs may include the administrative, engineering, legal, financial and other costs incurred by Lessee in connection with the acquisition, delivery and financing of the Equipment, if approved by Lessor. “Equipment” means the personal property described in the Acceptance Certificate executed pursuant to the Lease, together with any and all modifications, additions and alterations thereto, to be acquired from the moneys held in the Equipment Acquisition Fund. “Equipment Acquisition Fund” means the account by that name established and held by Escrow Agent pursuant to Article II of this Escrow Agreement. “Escrow Agent Fee” has the meaning set forth in Section 6.1 and the amount of such Escrow Agent Fee is shown on Schedule I. “Escrow Agreement” means this Escrow Agreement and any duly authorized and executed amendment or supplement hereto. “Initial Deposit Amount” means the amount shown as the Initial Deposit Amount on Schedule I. “Lease” means the Master Lease, together with the Equipment Schedule identified on Schedule I, by and between Lessee and Lessor, and any duly authorized and executed amendment Page 172 of 276 {M1936111_1} 2 or supplement thereto. “Master Lease” means the Master Lease Agreement, dated as of the date shown on Schedule I, by and between Lessee and Lessor, including any Equipment Schedules entered into thereunder and any duly authorized and executed amendment or supplement thereto. “Payment Request Form” means the document substantially in the form attached hereto as Exhibit A to be executed by Lessee and Lessor and submitted to Escrow Agent to authorize payment of Acquisition Costs. “Qualified Investments” means the ST Leasing – Corp Agency NOW Account, a SunTrust Deposit Account for Escrow customers of SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and SunTrust Bank. By signing this Escrow Agreement, Lessee acknowledges that such Qualified Investment is a permitted investment under any state, county or municipal law applicable to the investment of Lessee’s funds. ARTICLE II. APPOINTMENT OF ESCROW AGENT; AUTHORITY Section 2.1. Appointment of Escrow Agent. Lessor and Lessee hereby appoint and employ Escrow Agent to receive, hold, invest and disburse the moneys to be paid to Escrow Agent pursuant to this Escrow Agreement and to perform certain other functions, all as hereinafter provided. By executing and delivering this Escrow Agreement, Escrow Agent accepts the duties and obligations of Escrow Agent hereunder. Escrow Agent undertakes to perform only such duties as are expressly set forth herein, and no additional duties or obligations shall be implied hereunder. In performing its duties under this Escrow Agreement, or upon the claimed failure to perform any of its duties hereunder, Escrow Agent shall not be liable to anyone for any damages, losses or expenses which may be incurred as a result of Escrow Agent so acting or failing to so act; provided, however, Escrow Agent shall not be relieved from liability for damages arising out of its proven gross negligence or willful misconduct under this Escrow Agreement. Escrow Agent shall in no event incur any liability with respect to (i) any action taken or omitted to be taken in good faith upon advice of legal counsel, which may be counsel to any party hereto, given with respect to any question relating to the duties and responsibilities of Escrow Agent hereunder or (ii) any action taken or omitted to be taken in reliance upon any instrument delivered to Escrow Agent and believed by it to be genuine and to have been signed or presented by the proper party or parties. Escrow Agent shall not be bound in any way by any agreement or contract between Lessor and Lessee, including the Master Lease, whether or not Escrow Agent has knowledge of any such agreement or contract. Section 2.2. Authority. Each of the parties has authority to enter into this Escrow Agreement, and has taken all actions necessary to authorize the execution of this Escrow Agreement by the representatives whose signatures are affixed hereto. Page 173 of 276 {M1936111_1} 3 ARTICLE III. EQUIPMENT ACQUISITION FUND Section 3.1. Equipment Acquisition Fund. Escrow Agent shall establish a special escrow account designated as the “Equipment Acquisition Fund” (the “Equipment Acquisition Fund”), shall keep such Equipment Acquisition Fund separate and apart from all other funds and moneys held by it and shall administer such Equipment Acquisition Fund as provided in this Escrow Agreement. Section 3.2. Deposit. Upon execution of the Lease and delivery to Lessor by Lessee of all documents required to be delivered thereunder, Lessor shall deposit or cause to be deposited with Escrow Agent an amount equal to the Initial Deposit Amount. Escrow Agent shall credit such amount to the Equipment Acquisition Fund. The Initial Deposit Amount is to be sent by Lessor to Escrow Agent by wire transfer to: SunTrust Bank, ABA# 061000104, Account# 9443001321, Account Name: Escrow Services Richmond, Beneficiary as shown on Schedule I, Attention: Matthew Ward. Section 3.3. Disbursements. Escrow Agent shall use the moneys in the Equipment Acquisition Fund from time to time to pay the Acquisition Cost of each item of Equipment, within a reasonable time of receipt with respect thereto of a Payment Request Form executed by Lessor and Lessee. Upon receipt of a Payment Request Form executed by Lessor and Lessee, an amount equal to the Acquisition Cost as shown therein shall be paid directly by Escrow Agent to the person or entity entitled to payment as specified therein. Although the Payment Request Form may have schedules, invoices and other supporting document attached to it, Lessor will send to Escrow Agent only the page or pages showing the signatures of Lessor and Lessee, the Acquisition Cost and related payment information, without such schedules, invoices or other supporting documentation. Escrow Agent may act and rely upon the signed Payment Request Form without the need to review or verify any such schedules, invoices or other supporting documentation. Section 3.4. Transfers Upon Completion. Completion. Unless all of the funds deposited by Lessor in the Equipment Acquisition Fund have been previously disbursed pursuant to Section 3.3 or paid to Lessor pursuant to Section 3.5, on the Ending Date shown on Schedule I, Escrow Agent shall pay upon written direction all remaining moneys in the Equipment Acquisition Fund to Lessor or its assignee for application as a prepayment of the unpaid Principal under the related Lease. Any amounts paid pursuant to this Section 3.4 shall be subject to a prepayment fee equal to two percent (2%) of such amount. Lessor shall apply amounts received under this Section 3.4 first to unpaid fees, late charges and collection costs, if any, which have accrued or been incurred under the Master Lease, then to overdue Principal and Interest on the Lease and then, in the sole discretion of Lessor, either (i) to Principal payments thereafter due under the Lease in the inverse order of their maturities or (ii) proportionately to each Principal payment thereafter due under the Lease. In the event that Lessor elects to apply any such amounts in accordance with clause (i) of the preceding sentence, Lessee shall continue to make Rental Payments as scheduled in the applicable Payment Schedule. In the event that Lessor elects to apply such amounts in accordance with clause (ii) of this Section 3.4, Lessor shall provide Lessee with a revised Payment Schedule which shall reflect the revised Principal balance and reduced Rental Payments due under the Lease. Capitalized terms used in this Section 3.4, but not defined herein, shall have the meanings given to such terms in the Lease. Escrow Agent shall have no responsibility to see to the appropriate application of any moneys Page 174 of 276 {M1936111_1} 4 returned under this Section 3.4. Section 3.5. Liquidation. Upon receipt of written notice from Lessor or Lessee that the Lease has been terminated pursuant to Sections 3.2 or 12.2 thereof, Escrow Agent shall liquidate all investments held in the Equipment Acquisition Fund and transfer the proceeds thereof and all other moneys held in the Equipment Acquisition Fund to Lessor. Section 3.6. Responsible Party. The Lessee shall be responsible for the initiation of the disbursement process pursuant to Section 3.3 hereof. Neither Escrow Agent nor Lessor shall be responsible for any additional monies assessed to Lessee resulting from disbursements made from the Equipment Acquisition Fund. ARTICLE IV. TRUST; INVESTMENT Section 4.1. Irrevocable Trust. The moneys and investments held by Escrow Agent under this Escrow Agreement are irrevocably held in trust for the benefit of Lessor and Lessee, and such moneys, together with any income or interest earned, shall be expended only as provided in this Escrow Escrow Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of either Lessor or Lessee (other than Lessor's security interest granted hereunder). Escrow Agent shall have no responsibility at any time to ascertain whether or not any security interest exists in the Equipment Acquisition Fund or any part of the Equipment Acquisition Fund or to file any financing statement under the Uniform Commercial Code of any jurisdiction with respect to the Equipment Acquisition Fund or any part thereof. Section 4.2. Investment. Moneys held by Escrow Agent hereunder shall be invested and reinvested by Escrow Agent only in Qualified Investments. Such investments shall be registered in the name of Escrow Agent and held by Escrow Agent for the benefit of Lessor and Lessee. Escrow Agent may purchase or sell to itself or any affiliate, as principal or agent, investments authorized by this Article IV. Such investments and re-investments shall be made giving full consideration for the time at which funds are required to be available. Any income received on such investments shall be credited to the Equipment Acquisition Fund and any loss on such investments shall be charged to the Equipment Acquisition Fund. Escrow Agent shall not be responsible or liable for any loss suffered in connection with any investment of moneys made by it in accordance with this Article IV. Section 4.3. Disposition of Investments. Escrow Agent shall, without further direction from Lessor or Lessee, sell such investments as and when required to make any payment from the Equipment Acquisition Fund. Section 4.4. Accounting. Escrow Agent shall keep complete and accurate records of all moneys received and disbursed under this Escrow Agreement which shall be available for inspection by Lessor or Lessee, or the agent of either of them, at any time during regular business hours upon prior written request. Escrow Agent shall furnish to Lessor and Lessee no less than quarterly an accounting of all investments and interest and income therefrom. Page 175 of 276 {M1936111_1} 5 Section 4.5. Termination. This Escrow Agreement shall terminate upon disbursement by Escrow Agent of all moneys held by it hereunder. Notwithstanding the foregoing, this Escrow Agreement shall not be considered to be terminated until all fees, costs and expenses of Escrow Agent have been paid in full. Upon termination, Escrow Agent shall be discharged from all duties and responsibilities under this Escrow Agreement. ARTICLE V. ESCROW AGENT’S AUTHORITY; INDEMNIFICATION Section 5.1. Validity. Escrow Agent may act upon any writing or instrument or signature which it believes to be genuine, may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument, and may assume that any person purporting to give any writing, notice, advice or instructions in connection with the provisions hereof has been duly authorized to do so, and Escrow Agent shall be under no duty to make any investigation or inquiry as to any of the foregoing. Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner and execution, or validity of any instrument deposited with it, nor as to the identity, authority or right of any person executing the same. Escrow Agent shall be entitled to rely upon any statement, certificate, document or instrument presented to it by or on behalf of Lessee by any of the Lessee’s Authorized Representatives shown on Schedule I and shall be entitled to rely upon any such statement, certificate, document or instrument presented to it by any other person who identifies himself or herself as an authorized representative of Lessee. Section 5.2. Use of Counsel and Agents. Escrow Agent may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, or receivers. Escrow Agent shall be entitled to advice of counsel concerning all matters of trust and its duties hereunder and shall be paid or reimbursed the reasonable fees and expenses of such counsel, as provided in Section 6.1. Escrow Agent shall not be answerable for the default or misconduct of any such attorney, agent, or receiver selected by it with reasonable care. Section 5.3. Interpretation. As an additional consideration for and as an inducement for Escrow Agent to act hereunder, it is understood and agreed that, in the event of any disagreement between the parties to this Escrow Agreement or among them or any other persons resulting in adverse claims and demands being made in connection with or for any money or other property involved in or affected by this Escrow Agreement, Escrow Agent shall be entitled, at the option of Escrow Agent, to refuse to comply with the demands of such parties, or any of such parties, so long as such disagreement shall continue. In such event, Escrow Agent shall make no delivery or other disposition of the Equipment Acquisition Fund or any part of the Equipment Acquisition Fund. Anything herein to the contrary notwithstanding, Escrow Agent shall not be or become liable to such parties or any of them for the failure of Escrow Agent to comply with the conflicting or adverse demands of such parties or any of such parties. Escrow Agent shall be entitled to continue to refrain and refuse to deliver or otherwise dispose of the Equipment Acquisition Fund or any part thereof or to otherwise act hereunder, as stated above, unless and until: Page 176 of 276 {M1936111_1} 6 1. the rights of such parties have been finally settled by binding arbitration or duly adjudicated in a court having jurisdiction of the parties and the Equipment Acquisition Fund; or 2. the parties have reached an agreement resolving their differences and have notified Escrow Agent in writing of such agreement and have provided Escrow Agent with indemnity satisfactory to Escrow Agent against any liability, claims or damages resulting from compliance by Escrow Agent with such agreement. In the event of a disagreement between such parties as described above, Escrow Agent shall have the right, in addition to the rights described above and at the option of Escrow Agent, to tender into the registry or custody of any court having jurisdiction, all money and property comprising the Equipment Acquisition Fund and may take such other legal action as may be appropriate or necessary, in the opinion of Escrow Agent. Upon such tender, the parties hereto agree that Escrow Agent shall be discharged from all further duties and responsibilities under this Escrow Agreement; provided, however, that the filing of any such legal proceedings shall not deprive Escrow Agent of its compensation hereunder earned prior to such filing and discharge of Escrow Agent of its duties and responsibilities hereunder. The parties hereto jointly and severally agree that, whether under this Section 5.3 or any other provisions of this Escrow Agreement, in the event any controversy arises under or in connection with this Escrow Agreement or the Equipment Acquisition Fund or in the event that Escrow Agent is made a party to or intervenes in any litigation pertaining to this Escrow Agreement or the Equipment Acquisition Fund, to pay to Escrow Agent reasonable additional compensation for its extraordinary services and to reimburse Escrow Agent for all costs and expenses associated with such controversy or litigation, including reasonable attorney’s fees. Section 5.4. Limited Liability of Escrow Agent. Escrow Agent shall not be liable in connection with the performance or observation of its duties or obligations hereunder except for in the case of its proven gross negligence or willful misconduct. Escrow Agent shall have no obligation or liability to any of the other parties under this Escrow Agreement for the failure or refusal of any other party to perform any covenant or agreement made by such party hereunder or under the Master Lease, but shall be responsible solely for the performance of the duties and obligations expressly imposed upon it as Escrow Agent hereunder. Section 5.5. Indemnification. Escrow Agent shall have no obligation to take any legal action in connection with this Escrow Agreement or towards its enforcement, or to appear in, prosecute or defend any action or legal proceeding which would or might involve it in any cost, expense, loss or liability unless security and indemnity, as provided in this Section 5.5, shall be furnished. To the extent permitted by applicable law, Lessee agrees to indemnify Escrow Agent and it officers, directors, employees and agents and save Escrow Agent and its officers, directors, employees and agents harmless from and against any and all Claims (as hereinafter defined) and Losses (as hereinafter defined) which may be incurred by Escrow Agent or any of such officers, directors, employees or agents as a result of Claims asserted against Escrow Agent or any of such officers, directors, employees or agents as a result of or in connection with Escrow Agent’s Page 177 of 276 {M1936111_1} 7 capacity as such under this Escrow Agreement by any person or entity. For the purposes hereof, the term “Claims” shall mean all claims, lawsuits, causes of action or other legal actions and proceedings of whatever nature brought against (whether by way of direct action, counterclaim, cross action or impleader) Escrow Agent or any such officer, director, employee or agent, even if groundless, false or fraudulent, so long as the claim, lawsuit, cause of action or other legal action or proceeding is alleged or determined, directly or indirectly, to arise out of, result from, relate to or be based upon, in whole or in part: (a) the acts or omissions of Lessor or Lessee, (b) the appointment of Escrow Agent as escrow agent under this Escrow Agreement, or (c) the performance by Escrow Agent of its powers and duties under this Escrow Agreement; and the term “Losses” shall mean losses, costs, damages, expenses, judgments and liabilities of whatever nature (including but not limited to attorneys’, accountants’ and other professionals’ fees, litigation and court costs and expenses and amounts paid in settlement), directly or indirectly resulting from, arising out of or relating to one or more Claims. Upon the written request of Escrow Agent or any such officer, director, employee or agent (each referred to hereinafter as an “Indemnified Party”), and to the extent permitted by law, Lessee agrees to assume the investigation and defense of any Claim, including the employment of counsel acceptable to the applicable Indemnified Party and the payment of all expenses related thereto and, notwithstanding any such assumption, the Indemnified Party shall have the right, and Lessee agrees to pay the cost and expense thereof, to employ separate counsel with respect to any such Claim and participate in the investigation and defense thereof in the event that such Indemnified Party shall have been advised by counsel that there may be one or more legal defenses available to such Indemnified Party which are different from or additional to those available to either Lessor or Lessee. Lessee hereby agrees that the indemnifications and protections afforded Escrow Agent in this Section 5.5 shall survive the termination of this Escrow Agreement. ARTICLE VI. COMPENSATION Section 6.1. Escrow Agent Fee. Escrow Agent shall be paid by Lessee the Escrow Agent Fee shown on Schedule I for the ordinary services to be rendered hereunder (the “Escrow Agent Fee”), and will be paid and/or reimbursed by Lessee upon request for all costs, expenses, disbursements and advances, such as reasonable attorney’s fees and court costs, incurred or made by Escrow Agent in connection with carrying out its duties hereunder, including the costs, expenses, disbursements and advances described in Sections 5.2, 5.3 and 6.2. The Escrow Agent Fee and such other costs, expenses, disbursements and advances shall be payable from the interest earnings from the Equipment Acquisition Fund. In the event a shortfall occurs, said shortfall shall be the responsibility of Lessee and not the responsibility of Escrow Agent, Lessor, or their agents or assigns. Such shortfall shall be paid by Lessee to Escrow Agent within 30 days following receipt by Lessee of a written statement setting forth such shortfall. Section 6.2. Investment Fees. Escrow Agent shall be entitled to charge reasonable fees and commissions in connection with the investment by it of amounts held in the Equipment Acquisition Fund (the “Investment Fees”). Lessor and Lessee hereby authorize Escrow Agent to periodically deduct the Investment Fees from investment earnings on the Equipment Acquisition Fund. Page 178 of 276 {M1936111_1} 8 Section 6.3. Security for Fees and Expenses. As security for all fees and expenses of Escrow Agent hereunder and any and all losses, claims, damages, liabilities and expenses incurred by Escrow Agent in connection with its acceptance of appointment hereunder or with the performance of its obligations under this Escrow Agreement and to secure the obligation of Lessee to indemnify Escrow Agent as set forth in Section 5.5, Escrow Agent is hereby granted a security interest in and a lien upon the Equipment Acquisition Fund, which security interest and lien shall be prior to all other security interests, liens or claims against the Equipment Acquisition Fund or any part thereof. ARTICLE VII. CHANGE OF ESCROW AGENT Section 7.1. Removal of Escrow Agent. Lessor and Lessee, by written agreement, may by written request, at any time and for any reason, remove Escrow Agent and any successor thereto, and shall thereupon appoint a successor or successors thereto, but any such successor shall have capital (exclusive of borrowed capital) and surplus of at least Fifty Million Dollars ($50,000,000), and be subject to supervision or examination by federal or state authority. If such bank or trust company publishes a report of condition at least annually, pursuant to statute or the requirements of any federal or state supervising or examining authority, then for the purposes of this Section 7.1, the combined capital and surplus of such bank or trust company may be conclusively established in its most recent report of condition so published. Section 7.2. Resignation of Escrow Agent. Escrow Agent may resign at any time from it obligations under this Escrow Agreement by providing written notice to the parties hereto. Such resignation shall be effective on the date set forth in such written notice which shall be no earlier than 30 days after such written notice has been given, unless an earlier resignation date and the appointment of a successor Escrow Agent shall have been approved by Lessor and Lessee. In the event no successor escrow agent has been appointed on or prior to the date such resignation is to become effective, Escrow Agent shall be entitled to tender into the custody of a court of competent jurisdiction all assets then held by it hereunder and shall thereupon be relieved of all further duties and obligations under this Escrow Agreement. Escrow Agent shall have no responsibility for the appointment of a successor escrow agent hereunder. Section 7.3. Merger or Consolidation. Any entity into which Escrow Agent may be merged or converted, or with which it may be consolidated, or any entity resulting from any merger, conversion or consolidation to which it shall be a party, or any company to which Escrow Agent may sell or transfer all or substantially all of its corporate trust business (provided that such company shall be eligible under Section 7.1) shall be the successor to Escrow Agent without any execution or filing or further act. ARTICLE VIII. ADMINISTRATIVE PROVISIONS. Section 8.1. Notice. All written notices to be given under this Escrow Agreement shall be given by mail, by facsimile or by overnight courier to the party entitled thereto at its contact information specified on Schedule I, or at such contact information as the party may provide to the other parties hereto in writing from time to time. Any such notice shall be deemed to have been received 72 hours after deposit in the United States mail in registered or certified form, with postage Page 179 of 276 {M1936111_1} 9 fully prepaid, or if given by other means, when delivered at the address or facsimile number specified in Schedule I. Any notice given by any party shall be given to both other parties. Section 8.2. Assignment. Except as expressly herein provided to the contrary, the rights and duties of each of the parties under this Escrow Agreement shall not be assignable to any person or entity without the written consent of all of the other parties. Notwithstanding the above, Lessor may freely assign all or any part of its interest in this Escrow Agreement and the Equipment Acquisition Fund in connection with an assignment by Lessor of its rights under the Lease. Section 8.3. Binding Effect. This Escrow Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Section 8.4. Severability. In the event any provision of this Escrow Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 8.5. Entire Agreement; Amendments. This Escrow Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous writings, understandings, agreements, solicitation documents and representations, express or implied. By execution of this Escrow Agreement, Escrow Agent shall not be deemed or considered to be a party to any other document, including the Master Lease. This Escrow Agreement may be amended, supplemented or modified only by written documents duly authorized, executed and delivered by each of the parties hereto. Section 8.6. Captions. The captions or headings in this Escrow Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, Articles, Sections or clauses hereof. Section 8.7. Further Assurances and Corrective Instruments. Lessor and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may be necessary or proper to carry out the intention or to facilitate the performance of the parties under this Escrow Agreement, and for better assuring and confirming the rights and benefits provided herein. Section 8.8. Governing Law. This Escrow Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Virginia. Section 8.9. Execution in Counterparts. This Escrow Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same Escrow Agreement. Section 8.10. Waiver of Jury Trial. Lessor, Lessee and Escrow Agent hereby waive any right to trial by jury in any action or proceeding with respect to, in connection with or arising out of this Escrow Agreement. Page 180 of 276 {M1936111_1} 10 Section 8.11. No Tax Reporting. Escrow Agent will not be responsible for tax reporting of any income on the Equipment Acquisition Fund. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] Page 181 of 276 {M1936111_1} 11 EXECUTION PAGE OF ESCROW AGREEMENT IN WITNESS WHEREOF, the parties have executed this Escrow Agreement as of the Date of Escrow Agreement shown on Schedule I. SUNTRUST BANK SUNTRUST EQUIPMENT FINANCE & Escrow Agent LEASING CORP., Lessor By: By: Name: Name: Donald S. Keough Title: Title: Vice President CITY OF MIAMI GARDENS, FLORIDA, Lessee ATTEST: By:_____________________________ Name: Ronetta Taylor By: Title: City Clerk Name: Shirley Gibson Title: Mayor [SEAL] Schedule I Information to Complete Escrow Agreement Exhibit A Payment Request Form Page 182 of 276 {M1936111_1} 12 SCHEDULE I INFORMATION TO COMPLETE ESCROW AGREEMENT Lease Number: 01 Equipment Schedule: 001 Date of Escrow Agreement: December __, 2010 Name of Lessee: City of Miami Gardens, Florida Lessee’s State /Commonwealth: Florida Escrow Agent Fee: $250.00 Investment Fees, if any, are more fully defined on the attached prospectus, if any Initial Deposit Amount: [funding amount] Date of Master Lease Agreement: December __, 2010 Beneficiary Name for Fund: City of Miami Gardens, Florida Ending Date: December __, 2015 Lessee’s Address: 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, FL 33169 Attention: Danny Crew, City Manager Lessee’s Telephone: 305-662-8000 Lessee’s Facsimile: 305-662-8001 Lessee’s Taxpayer Identification Number: 11-3695944 Lessee’s Authorized Representatives Danny Crew, City Manager [signature] [name/title] [signature] Escrow Agent’s Address: SunTrust Bank 919 East Main Street, 7th Floor Richmond, VA 23219 Attention: Matt Ward Escrow Agent’s Telephone: (804) 782-7182 Page 183 of 276 {M1936111_1} 13 Escrow Agent’s Facsimile: (804) 782-7855 Lessor’s Address: SUNTRUST EQUIPMENT FINANCE & LEASING CORP. 300 East Joppa Road, 7th Floor Towson, Maryland 21286 Attention: Escrow Disbursement Coordinator Lessor’s Telephone: (410) 307-6749 Lessor’s Facsimile: (410) 307-6665 Lessor’s Taxpayer Identification Number: 26-1256148 Page 184 of 276 {M1936111_1} 14 Lease Number:01 Equipment Schedule: 001 EXHIBIT A PAYMENT REQUEST FORM NO. ________ SUNTRUST BANK, as Escrow Agent under an Escrow Agreement dated as of [date] (the “Escrow Agreement”) by and among the Escrow Agent, SUNTRUST EQUIPMENT FINANCE & LEASING CORP., as Lessor, and CITY OF MIAMI GARDENS, FLORIDA, as Lessee, is hereby requested to pay, from the Equipment Acquisition Fund, to the person or entity designated below as payee, that amount set forth opposite each such name, in payment of the Acquisition Costs of the Equipment designated opposite such payee’s name and described on the attached page(s). The terms capitalized in this Payment Request Form but not defined herein shall have the meanings assigned to them in the Escrow Agreement. Payee Amount Equipment The Lessee hereby certifies that: 1. Attached hereto is a duplicate original or certified copy of the following documents relating to the order, delivery and acceptance of the Equipment described in this Payment Request Form: (a) a manufacturer’s or dealer’s invoice; and (b) unless this Payment Request Form relates to partial payment of a Vendor, as defined in the Lease, in connection with a purchase order approved by Lessor, Lessee’s Acceptance Certificate relating to the Equipment. 2. The representations and warranties contained in the Lease are true and correct as of the date hereof. 3. No Non-Appropriation or Event of Default, as each such term is defined in the Lease, or event which with the giving of notice or passage of time or both would constitute an Event of Default, has occurred. Page 185 of 276 {M1936111_1} 15 Dated: , 20 . CITY OF MIAMI GARDENS, SUNTRUST EQUIPMENT FINANCE & FLORIDA, LEASING CORP., Lessee Lessor By: By: Name: Name: Title: ______ Title: Date: Date: Page 186 of 276 SunTrust Equipment Finance and Leasing Corp. Lawanna S. Gatton 300 E. Joppa Road Vice President Suite 700 Towson, MD 21286 Phone 410.307.6705 Lawanna.gatton@suntrust.com December 3, 2010 Patricia Varney Finance Director City of Miami Gardens 1515 NW 167th Street; Building 5 Miami Gardens, FL 33169 Dear Ms. Varney, SunTrust Equipment Finance & Leasing Corp. is pleased to provide the following proposal to finance the acquisition of the Red Light Cameras by the City of Miami Gardens, FL. Lessee: City of Miami Gardens FL Type of Financing: Tax Exempt Lease Purchase Equipment: Red Light Cameras Financing Amount: $3,375,000.00 Lease Term: Five (5) years Interest Rate: 2.27 % Payment Mode: Monthly in Arrears The interest rate is firm for a funding by December 20, 2010, subject to final approval by the Board. If the financing is not selected and closed within the above described timeframe, the interest rate will be subject to indexation based on the five (5) swap rate. A $500 documentation fee will be waived at closing. If an escrow account is established utilizing our new Escrow Agreement, a set up fee of up to $250.00 will be assessed. The financing is subject to final credit approval by the Credit/Investment Committee of SunTrust Bank and approval of the lease documents in SunTrust Equipment Finance & Leasing Corp.’s sole discretion. At award, the last three (3) years audited financials and current year’s budget will be required for this approval. Should you have any questions or need additional information, feel free to contact me. Very truly yours, Lawanna. S. Gatton Vice President Page 187 of 276 Proposal for Equipment Financing Page 2 of 3 Interest Rate: 2.2706% (Monthly) Payment Payment Payment Principal Interest Principal Number Date Amount Component Component Balance 12/13/10 3,375,000.00 1 1/13/11 59,556.51 53,170.58 6,385.93 3,321,829.42 2 2/13/11 59,556.51 53,271.18 6,285.33 3,268,558.24 3 3/13/11 59,556.51 53,371.98 6,184.53 3,215,186.26 4 4/13/11 59,556.51 53,472.97 6,083.54 3,161,713.29 5 5/13/11 59,556.51 53,574.14 5,982.37 3,108,139.15 6 6/13/11 59,556.51 53,675.51 5,881.00 3,054,463.63 7 7/13/11 59,556.51 53,777.07 5,779.44 3,000,686.56 8 8/13/11 59,556.51 53,878.83 5,677.68 2,946,807.73 9 9/13/11 59,556.51 53,980.77 5,575.74 2,892,826.96 10 10/13/11 59,556.51 54,082.91 5,473.60 2,838,744.05 11 11/13/11 59,556.51 54,185.24 5,371.27 2,784,558.80 12 12/13/11 59,556.51 54,287.77 5,268.74 2,730,271.03 13 1/13/12 59,556.51 54,390.49 5,166.02 2,675,880.55 14 2/13/12 59,556.51 54,493.40 5,063.11 2,621,387.14 15 3/13/12 59,556.51 54,596.51 4,960.00 2,566,790.63 16 4/13/12 59,556.51 54,699.81 4,856.70 2,512,090.82 17 5/13/12 59,556.51 54,803.31 4,753.20 2,457,287.51 18 6/13/12 59,556.51 54,907.01 4,649.50 2,402,380.50 19 7/13/12 59,556.51 55,010.90 4,545.61 2,347,369.60 20 8/13/12 59,556.51 55,114.99 4,441.52 2,292,254.61 21 9/13/12 59,556.51 55,219.27 4,337.24 2,237,035.34 22 10/13/12 59,556.51 55,323.75 4,232.76 2,181,711.59 23 11/13/12 59,556.51 55,428.43 4,128.08 2,126,283.16 24 12/13/12 59,556.51 55,533.31 4,023.20 2,070,749.84 25 1/13/13 59,556.51 55,638.39 3,918.12 2,015,111.46 26 2/13/13 59,556.51 55,743.66 3,812.85 1,959,367.80 27 3/13/13 59,556.51 55,849.14 3,707.37 1,903,518.66 28 4/13/13 59,556.51 55,954.81 3,601.70 1,847,563.85 29 5/13/13 59,556.51 56,060.68 3,495.83 1,791,503.17 30 6/13/13 59,556.51 56,166.76 3,389.75 1,735,336.41 31 7/13/13 59,556.51 56,273.03 3,283.48 1,679,063.38 32 8/13/13 59,556.51 56,379.51 3,177.00 1,622,683.87 33 9/13/13 59,556.51 56,486.18 3,070.33 1,566,197.69 34 10/13/13 59,556.51 56,593.06 2,963.45 1,509,604.62 35 11/13/13 59,556.51 56,700.15 2,856.36 1,452,904.48 36 12/13/13 59,556.51 56,807.43 2,749.08 1,396,097.05 37 1/13/14 59,556.51 56,914.92 2,641.59 1,339,182.13 38 2/13/14 59,556.51 57,022.61 2,533.90 1,282,159.53 39 3/13/14 59,556.51 57,130.50 2,426.01 1,225,029.03 40 4/13/14 59,556.51 57,238.60 2,317.91 1,167,790.43 41 5/13/14 59,556.51 57,346.90 2,209.61 1,110,443.53 42 6/13/14 59,556.51 57,455.41 2,101.10 1,052,988.12 43 7/13/14 59,556.51 57,564.12 1,992.39 995,424.00 44 8/13/14 59,556.51 57,673.04 1,883.47 937,750.96 Page 188 of 276 Proposal for Equipment Financing Page 3 of 3 45 9/13/14 59,556.51 57,782.17 1,774.34 879,968.79 46 10/13/14 59,556.51 57,891.50 1,665.01 822,077.29 47 11/13/14 59,556.51 58,001.03 1,555.48 764,076.26 48 12/13/14 59,556.51 58,110.78 1,445.73 705,965.48 49 1/13/15 59,556.51 58,220.73 1,335.78 647,744.75 50 2/13/15 59,556.51 58,330.89 1,225.62 589,413.85 51 3/13/15 59,556.51 58,441.26 1,115.25 530,972.59 52 4/13/15 59,556.51 58,551.84 1,004.67 472,420.75 53 5/13/15 59,556.51 58,662.63 893.88 413,758.12 54 6/13/15 59,556.51 58,773.63 782.88 354,984.49 55 7/13/15 59,556.51 58,884.83 671.68 296,099.66 56 8/13/15 59,556.51 58,996.25 560.26 237,103.41 57 9/13/15 59,556.51 59,107.88 448.63 177,995.52 58 10/13/15 59,556.51 59,219.72 336.79 118,775.81 59 11/13/15 59,556.51 59,331.77 224.74 59,444.03 60 12/13/15 59,556.51 59,444.03 112.48 0 =========== = =========== = =========== = Totals 3,573,390.60 3,375,000.00 198,390.60 Page 189 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No x x Funding Source: General Fund 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: City Manager’s Office 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 AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND AMERICAN TRAFFIC SOLUTIONS, INC. (“ATS”), IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The City’s red light camera provider (ATS) has approached the City with a request for the City to purchase the physical assets (cameras, poles, etc) of ATS under a lease-purchase agreement. They are planning to take their company public and this would assist in that effort. They are willing to pay all costs associated with the financing agreement including all fees for bond counsel, issuance costs, and loan repayment costs. This would make it a no-cost deal for the City. In addition to covering all costs through a reduction in out payments to them, ATS would also pay the City $120,000 per year for 5 years in addition for doing the financing agreement. The first year’s payment would be an up-front cash payment. Future payments would be recognized as a reduction in our ITEM K-14) CONSENT AGENDA RESOLUTION Amendment to the Agreement with ATS Page 190 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 payment obligation to them for our monthly processing charges. They way the current system works is, the public pays the City directly and then the City pays ATS, the State, etc. Thus, we have control of the funds and are not dependent on ATS to make a payment to us. ATS also will provide the City with a bond (insurance) to guarantee the City’s loan amount in case the company was to stop business. In addition to the above, ATS has agreed to change our fee re-opener in the existing contract. Currently, if revenues fall 40%, they will re-negotiate their fees. The proposed contract would change this to threshold to only a 20% drop. This could save the City hundreds of thousands of dollars over the contract life. The amendment also extends the term of the agreement for a period of five years to coincide with the term of the financing agreement. Major Terms of the Contract: • 120,000 Cash Upfront Payment for 2011 • $400 per month, per camera reduction in our payments to ATS going forward ($120,000/year) • A reduction in our monthly payment to them to cover all costs of the loan (approx. $55,000 per month) • Performance bond to provide the City with protection should ATS go out of business. • Ability to renegotiate the monthly fee if camera revenues decrease by 20% or more • Five year contract extension Overall, this is a very favorable deal to the City. While it does add some short-term debt to our books, it does not add any costs to our budget; in fact, it reduces expenses in our budget by at least $120,000 per year and likely much more due to the 20% clause. In addition to Miami Gardens, the cities of North Miami and Miami are completing the loan process as well. Proposed Action: It is recommended that Council adopt the attached resolution approving the ATS Contract Amendment Number Two, in substantial form. Attachment: Attachment A: ATS Contract – Amendment 2 Page 191 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY 5 MANAGER AND CITY CLERK TO EXECUTE AND ATTEST 6 RESPECTIVELY, THAT CERTAIN AMENDMENT NO. 2 TO THE 7 AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND 8 AMERICAN TRAFFIC SOLUTIONS, INC. (“ATS”), IN 9 SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED 10 HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 12 13 WHEREAS, on or about November 14, 2007, the City adopted Ordinance No. 14 2007-26-132, which provides for the enforcement of red light violations using traffic 15 infraction detectors (the “Ordinance”), and 16 WHEREAS, on or about December 12, 2007, the City and American Traffic 17 Solutions, Inc. (“ATS”) entered into an Agreement, whereby the City and ATS agreed to 18 the provision by ATS of services to the City in connection with the enforcement of the 19 Ordinance, subject to the terms and conditions stated in the Agreement, and 20 WHEREAS, on or about May 13, 2010, the Governor of the State of Florida 21 signed CS/CS/HB325 into law, resulting in the Law of Florida 2010-80 taking effect on 22 July 1, 2010, and 23 WHEREAS, the Agreement was amended on July 1, 2010 to align the provision 24 of services by ATS with the provisions and requirements of the Law of Florida 2010-80, 25 and 26 WHEREAS, the City and ATS wish to modify the Agreement a second time by 27 this Second Amendment to reflect the sale and leaseback of those traffic safety camera 28 systems by the City pursuant to a lease agreement between the City and Suntrust 29 Equipment Finance & Leasing Corp., 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Page 192 of 276 2 Section 1: ADOPTION OF REPRESENTATIONS: The 32 foregoing Whereas 33 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 34 made a specific part of this Resolution. 35 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 36 hereby authorizes the City Manager and City Clerk to execute and attest respectively, 37 that certain Amendment No. 2 to the Agreement between the City of Miami Gardens 38 and American Traffic Solutions, Inc., in substantial form as that Agreement attached 39 hereto as Exhibit “A.” 40 Section 3: INSTRUCTIONS TO THE CLERK: The City Clerk is hereby 41 authorized to obtain two (2) fully executed copies of the subject Agreement with one to 42 be maintained by the City, and one to be delivered to American Traffic Solutions, Inc. 43 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 44 upon its final passage. 45 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 46 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. 47 48 ___________________________________ 49 SHIRLEY GIBSON, MAYOR 50 51 52 53 54 ATTEST: 55 56 57 __________________________________ 58 RONETTA TAYLOR, MMC, CITY CLERK 59 60 61 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 62 63 Page 193 of 276 3 SPONSORED BY: DR. DANNY 64 O. CREW, CITY MANAGER 65 66 Moved by: __________________ 67 68 VOTE: _________ 69 70 Mayor Shirley Gibson ____ (Yes) ____ (No) 71 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 72 Councilwoman Lisa Davis ____ (Yes) ____ (No) 73 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 74 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 75 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 76 Councilman Andre’ Williams ____ (Yes) ____ (No) 77 78 79 80 Page 194 of 276 _________________________________________________________________________________________________ Confidential Page 1 of 6 Miami Gardens_2nd Amendment City of Miami Gardens, FL AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND AMERICAN TRAFFIC SOLUTIONS This Amendment No. 2 (the “Amendment”) to the Professional Services Agreement between the City of Miami Gardens and American Traffic Solutions, Inc. (the “Agreement”) dated as of December 12, 2007 is made and effective as of this ____ day of December, 2010 by and between the City of Miami Gardens, Florida, a municipal corporation (herein “Customer” or “City”) and American Traffic Solutions, Inc. (herein “ATS” or “Contractor”). Recitals WHEREAS, on or about November 14, 2007, the City adopted Ordinance No. 2007-26-132, which provides for the enforcement of red light violations using traffic infraction detectors (the “Ordinance”); and WHEREAS, on or about December 12, 2007, the City and Contractor entered into the Agreement, whereby the City and Contractor agreed to the provision by Contractor of services to the City in connection with the enforcement of the Ordinance, subject to the terms and conditions stated in the Agreement; and WHEREAS, the Agreement provides that “the parties hereby agree to that certain Professional Services Agreement attached hereto as Exhibit ‘A’ plus all Exhibits,” subject to certain amendments to said Exhibit “A” made in the Agreement, such Professional Services Agreement being referred to herein as the “PSA”; and WHEREAS, on or about April 22, 2010, the City and Contractor entered into that certain Agreement Regarding Allocation of Costs and Responsibilities in Connection with Resolution of Claims by AS Ventures, Inc. (the “Costs Agreement”), which modified the Agreement in limited respects and provided for certain payments between the City and Contractor; and WHEREAS, on or about May 13, 2010, the Governor of the State of Florida signed CS/CS/HB325 into law, resulting in the Law of Florida 2010-80 taking effect on July 1, 2010; and WHEREAS, the Agreement was amended on July 1, 2010 to align the provision of services by Contractor with the provisions and requirements of the Law of Florida 2010-80; and WHEREAS, the City and Contractor wish to modify the Agreement a second time by this Second Amendment to reflect the sale and leaseback of those traffic safety camera systems by the City pursuant to a lease agreement between the City and Suntrust Equipment Finance & Leasing Corp.; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Contractor and City agree that the Agreement shall be and hereby is amended and modified on the terms provided herein: Page 195 of 276 _________________________________________________________________________________________________ Confidential Page 2 of 6 Miami Gardens_2nd Amendment City of Miami Gardens, FL 1. Recitals. The preceding recitals are true and correct and are incorporated into this Amendment by reference. 2. Ownership of System. Exhibit A, Section 10 (“Ownership of System”) is hereby amended to include the following language: ATS agrees to sell the City twenty-five (25) installed traffic safety camera systems (the “Leased Systems”) for $3,375,000 and to the sale and leaseback of those traffic safety camera systems by the City pursuant to a lease agreement between City and Suntrust Equipment Finance & Leasing Corp. dated December ___, 2010 (the “Lease”) ATS agrees to maintain and operate the Leased Systems on behalf of the City during the term of the Lease on the same basis as if they were owned by ATS, and The City of Miami Gardens hereby grants to ATS an option to repurchase the Leased Systems seven (7) years from the date of this agreement at the fair market value of the Leased Systems, based on an independent appraisal undertaking within 60 days of the purchase date. ATS and the City understand that ATS’ option to repurchase the Leased Systems is subject to all the terms of the Lease agreement and to Suntrust Equipment Finance & Leasing Corp.’s rights under the Lease and that ATS’ right to repurchase the Leased Systems shall not apply if the City is unable to reacquire the Leased Systems at the end of the Lease term. 3. Service Fee Schedule. Section 1.0 of Exhibit A, Schedule 1 is hereby deleted in its entirety and replaced with the following: 1.0 Description of Pricing Fee Upfront Payment from Contractor to City Within 30 days of the later of the signing of this Amendment, the sale of the Leased Systems by the Contractor to the City and the execution of the Lease, Contractor shall pay the City an amount equal to $105,000, which equals the $400 per camera per month fee reduction times 12 months times 25 cameras, and in effect equals an upfront payment of the $400 fee reduction on all cameras for 2011. $120,000 Flat Fees in 2011 Flat Fee per Camera per Month, plus certified mail processing surcharge of $4 per piece metered (no return receipt) $5,150.00* *estimated fee as the new flat fee per camera shall equal $7,550 minus the actual lease payment per camera, estimated here Page 196 of 276 _________________________________________________________________________________________________ Confidential Page 3 of 6 Miami Gardens_2nd Amendment City of Miami Gardens, FL to be $2,400 Flat Fees in 2012 and beyond Flat Fee per Camera per Month, plus certified mail processing surcharge of $4 per piece metered (no return receipt) $4,750.00* *estimated fee as the new flat fee per camera shall equal $7,550 minus $400 minus the actual lease payment per camera, estimated here to be $2,400 If Customer violations should decline by 20%, Customer and ATS, in good faith will renegotiate Service Fee Schedule, which at a minimum will reflect an initial fee reduction of $1,000 per month per camera system. If the certified mail processing fee exceeds $4 per piece metered, no return receipt Customer and ATS in good faith will renegotiate the surcharge amount. The $2,400 fee for the lease payment shall be in addition to any negotiated reduction in the monthly flat fee. Service Fees Include: Fee includes all costs required and associated with camera system installation, maintenance and on-going field and back-office operations. Includes red-light camera equipment for a 4-lane approach with up to two (2) signal phases, installation, maintenance, violation processing services, DMV records access, mailing of Notice of Violation in color with return envelope, lockbox and epayment processing services, call center support for general program questions and public awareness program support. 4. Lease. The Lease between City and Suntrust Equipment Finance & Leasing Corp. is hereby incorporated into the Agreement as Exhibit B and is attached to the Amendment hereto below. 5. Performance Bond. Contractor agrees to pay for and post a performance bond in the amount of $1 million to protect the City in the event Contractor is unable to perform its services to the City under this Agreement. 6. Extension. Exhibit A, Section 4(b) shall be deleted and replaced with the following: Page 197 of 276 _________________________________________________________________________________________________ Confidential Page 4 of 6 Miami Gardens_2nd Amendment City of Miami Gardens, FL The Term of the original Agreement dated December 12, 2007 shall be extended for a period of five (5) years from the date of execution of this Amendment and may be extended for one additional five (5) year period at the sole option of the Customer. The Customer shall notify the Contractor of its intent to extend the Agreement by providing Contractor with notice at least 120 days prior to end of the initial term. In Exhibit A, the first sentence of Section 4(d) is also hereby deleted. 7. Inconsistency. In the event of an inconsistency or contradiction between the terms hereof and the terms of the Agreement, to which this Amendment is attached, the terms hereof shall control. 8. Effect of Original Agreement. All terms of the Agreement not affected by this Amendment shall remain in full force and effect. [Remainder of Page Intentionally Intentionally Left Blank] Page 198 of 276 _________________________________________________________________________________________________ Confidential Page 5 of 6 Miami Gardens_2nd Amendment City of Miami Gardens, FL IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF MIAMI GARDENS, FLORIDA By: By: Ronetta Taylor City Clerk Date Dr. Danny O. Crew City Manager Date APPROVED AS TO FORM By: Sonya Dickens City Attorney Date WITNESS: AMERICAN TRAFFIC SOLUTIONS, INC. By: Date Adam E. Tuton Chief Operating Officer Date Date Page 199 of 276 _________________________________________________________________________________________________ Confidential Page 6 of 6 Miami Gardens_2nd Amendment City of Miami Gardens, FL EXHIBIT B LEASE Page 200 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: December 8, 2010 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 Mayor Shirley Gibson Department: Mayor and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPOINTING MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE MIAMI GARDENS EXCELLENCE IN EDUCATION COUNCIL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: On February 24, 2010, the City Council approved the Miami Gardens Excellence in Education Concept via Resolution 2010-46-1228. In the afore-mentioned resolution, the Council authorized the City Manager and City Attorney to take any and all steps necessary to create an independent 501 (c) 3 organization for the sole purpose of implementing the City of Miami Gardens Education Compact. Since that time, the Articles of Incorporation for the Miami Gardens Excellence in Education Council (MGEEC) have been filed with, and approved by, the appropriate state and federal agencies. In order to move forward with implementation of this Board, it is necessary for the City Council to appoint the nine (9) initial directors of the Corporation. As discussed during the February 24, 2010 Council meeting, the professional makeup of the Board of Directors will be as follows: • Mayor of the City of Miami Gardens or her designee • Superintendent of Miami Dade public Schools or his designee • (1) Attorney at Law • (1) Vice President/President of a Financial Institution • (1) Public Health Executive • (1) Certified Public Accountant ITEM L-1) RESOLUTION Appointing members to serve on the Miami Gardens Excellence in Education Council Page 201 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • (1) College or University Administrator • (1) Business Community Representative • (1) Large Miami Gardens Business Owner Professional Designation Proposed Candidate Name Mayor of City of Miami Gardens or designee Mayor Shirley Gibson Superintendent of Miami Dade Public Schools or designee Mr. Jose Dotres, MDPS Region Superintendent Attorney at Law *Select One Ms. Shirylon McWhorter, Esq. Director, Equal Opportunity and Diversity Florida International University Regine Monestime. Esq. The Monestime Firm, P.A. Vice President/President of a Financial Institution Mr. Terrell West Vice President, Special Asset Officer Bank of Miami Public Health Executive Mr. Rick Kennedy Chief Operating Officer Aventura Hospital Certified Public Accountant Mr. Roderick Harvey, CPA, CVA Managing Partner Harvey Covington & Thomas, LLC College or University Administrator/Tenured Professor Ms. Beverly Bachrach VP of University Advancement and Marketing St. Thomas University Business Community Representative *Select One Ms. Lourdes Wydra, Owner Lulu’s Car Wash (Miami Gardens) Mr. Frank Cobo Business Development Director TekBoard Corporation (Miami Gardens) Large Miami Gardens Business Owner Page 202 of 276 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 None As defined in the Articles of Incorporation the “Mayor and City Council (the Appointing Authority) shall appoint the initial directors of the Corporation”. On November 3, 2010, the City Manager forwarded a memo to Council requesting names of prospective candidates to fill seats on the board. The list of names above represents the candidates that have been put forward for Council consideration. In order to constitute the Miami Gardens Excellence in Education Council 501(c)3 Board, Mayor Shirley Gibson is recommending that the City Council appoint the above mentioned candidates as the initial Board of Directors for the MGEEC. Proposed Action: That the City Council approve the attached resolution appointing the recommended slate of board members to the Miami Gardens Excellence in Education Council 501 (c) 3 Board of Directors. Attachment: Attachment A: Prospective Candidate Resumes Page 203 of 276 1 RESOLUTION NO. 2010____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA APPOINTING MEMBERS TO 5 SERVE ON THE BOARD OF DIRECTORS OF THE MIAMI 6 GARDENS EXCELLENCE IN EDUCATION COUNCIL; 7 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, on February 24, 2010 the City Council adopted Resolution No. 11 2010-46-1228 approving the implementation of the Miami Gardens Excellence in 12 Education Council (“MGEEC”), and 13 WHEREAS, the MGEEC was organized for the purpose of improving the quality 14 of education in the City of Miami Gardens, and 15 WHEREAS, Articles of Incorporation have been filed establishing the MGEEC as 16 an independent 501(c)(3) organization, and 17 WHEREAS, in order to move forward, it is necessary for the City Council to 18 appoint certain candidates to serve on the initial Board of Directors of the MGEEC, 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 21 Section 1: ADOPTION OF REPRESENTATION: The foregoing Whereas 22 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23 made a specific part of this Resolution. 24 Section 2: APPOINTMENT: The City Council of the City of Miami Gardens, 25 Florida hereby appoints the following persons to serve as the initial members of the 26 Board of Directors of the Miami Gardens Excellence in Education Council: 27 NAME PROFESSIONAL DESIGNATION 28 Mayor Shirley Gibson Mayor of City of Miami Gardens 29 30 Mr. Jose Dotres Region Superintendent of Miami Dade 31 Public Schools Page 204 of 276 2 32 33 ________________ Attorney at Law 34 35 Mr. Terrell West Vice President of Financial Institution 36 37 Mr. Rick Kennedy Public Health Executive 38 39 Mr. Roderick Harvey Certified Public Accountant 40 41 Ms. Beverly Bachrach University Administrator 42 43 ________________ Business Community Representative 44 45 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 46 upon its final passage. 47 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 48 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2010. 49 50 ___________________________________ 51 SHIRLEY GIBSON, MAYOR 52 53 54 55 ATTEST: 56 57 58 __________________________________ 59 RONETTA TAYLOR, MMC, CITY CLERK 60 61 62 PREPARED BY: SONJA K. DICKENS, ESQ., CITY ATTORNEY 63 64 65 SPONSORED BY: MAYOR SHIRLEY GIBSON 66 67 Moved by: __________________ 68 69 VOTE: _________ 70 71 Mayor Shirley Gibson ____ (Yes) ____ (No) 72 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 73 Councilwoman Lisa Davis ____ (Yes) ____ (No) 74 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) Page 205 of 276 3 Councilwoman Sharon Pritchett 75 ____ (Yes) ____ (No) 76 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 77 Councilman Andre’ Williams ____ (Yes) ____ (No) 78 79 80 81 Page 206 of 276 Page 207 of 276 Page 208 of 276 Page 209 of 276 Page 210 of 276 Page 211 of 276 Page 212 of 276 Page 213 of 276 Page 214 of 276 Page 215 of 276 Page 216 of 276 Page 217 of 276 Page 218 of 276 Page 219 of 276 Page 220 of 276 Page 221 of 276 Staff Monthly Report Oct – Nov 2010 CITY MANAGER • Attended Code Enforcement Veterans Day Picnic. • Attended bond closing at our Bond Counsel’s office. • Met individually with various Council Members regarding various topics. • Met with Greg Parks of ATS regarding the installation of the new traffic cameras. • Met with a potential new business considering relocating to the City. • Off for Thanksgiving Week. FINANCE DEPARTMENT (Patty Varney) Below is a list of tasks the department achieved from Oct. 16 to Nov. 15, 2010. 1. Finalized the budget document with the actions the Council adopted in the final budget hearings. The document is posted in the City’s website. 2. Finalized documents needed for the closing of the $55 million bond issuance for the City Hall. Also established the investment portfolio for the bond proceeds based on the anticipated draw schedule. 3. Performed closing procedures of the City’s 2010 financials. 4. Received the Comprehensive Annual Financial Report award from the Government Finance Officer’s Association for the FY 2009 Financial Statement. 5. Received the Popular Annual Financial Report award from the Government Finance Officer’s Association for the FY 2009 Financial Statement. The City was notified by Calder that according to the original contract with the City, they are entitled to the return of all of their permits and impact fees. They have calculated this at $500,000+. Our initial calculation is lower. When this is resolved, this will be charged to the FY 2010 budget and will increase the estimated reduction in year-end Fund Balance. October is one twelfth of the fiscal year, it should represent 8.33% of the budget. Any important variances are explained in the attached analysis. The attached report is compiled on category basis and by Fund and also includes a comparison of last year’s revenue and expenses for the same period. ITEM M-1) REPORTS Manager's Monthly Report Page 222 of 276 1 Most operating expenses are showing a lower percentage as some of the utility bills received ends in mid-month so it was charged to the last fiscal year. Revenues are also showing lower as they are usually lagging a month which was recognized at last fiscal year’s revenue. In fiscal year 2011, the General Services Fund which was consisted of City Hall, Purchasing, Information Technology and Fleet Management is combined with the General Fund. Therefore, for comparison purpose, I have combined the General Services Fund to the General Fund as well for FY 2010. As of October 31, 2010, the City has total investments in the amount of $6,462,357.04. Of this amount, $3,662,448.19 is with Wachovia which is available cash to fund for the operating expenses earning 0.25%. The City holds a CD with the Bank of America in the amount of $2.6 million earning 0.16%. This is a requirement from our bond requirement and that is the highest and safest rate of return the City can obtain. The City still has approximately $59,028.85 in market value with the State Board of Administration and $140,580 in tax certificates with Dade County. FY 2010 FY 2010 % FY 2011 FY 2011 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Property Tax 1 23,089,178.00 0.00 0.00% 20,177,903.00 0.00 0.00% Utility Tax 2 11,276,242.00 862.76 0.01% 10,667,000.00 0.00 0.00% Franchise Fees 3 5,809,802.00 23,334.80 0.40% 5,520,000.00 38,200.00 0.69% Permits/License Tax/Other Fees 4 1,925,000.00 845,116.19 43.90% 1,765,000.00 946,714.14 53.64% Intergovernmental Revenue 5 10,770,150.00 115,170.04 1.07% 10,261,927.00 93,128.39 0.91% Charges for Services 3,231,509.00 131,676.15 4.07% 4,809,552.00 131,235.47 2.73% Fines & Forefeitures 6 2,534,000.00 290,333.16 11.46% 7,518,024.00 57,467.56 0.76% Miscellaneous Revenues 7 1,535,000.00 21,778.18 1.42% 1,687,500.00 18,142.08 1.08% Non-Operating Revenues 11,670,599.00 107,545.42 0.92% 9,816,877.00 114,497.34 1.17% TOTAL 71,841,480.00 1,535,816.70 2.14% 72,223,783.00 1,399,384.98 1.94% 1 Homeowners will receive 4% discount if paid by November 30. Therefore, the City will not receive any Ad Valorem tax revenue until late November or early December. Any amount received in October are delinquent tax and will be recognized as revenue for the previous year. 2 The revenue that the City received in October for Electricity and Water utility taxes are for the month of September which is recognized in FY 2009 revenues. 3 Electric franchise fees which consists of 75.73% of the budget in this catgeory is received once a year in around August. The variance of collections between FY 2010 and FY 2011 is attributed to Solid Waste franchise fees. 4 Permits and licenses is collected at 53.64% which is attributed to Business License Tax. By State law, the City is required to have Business License available for renewal in July for licenses effective in October 1 of each year. 5 Revenue in FY 2010 is higher than FY 2011 is due to County business license tax collected in FY 11 is lower than FY 10 6 Decrease in this revenue is attributed to "Red Light Camera". Last year same period of time, the City received $290K in revenue, while in FY 2011, the revenue received is $37,519 7 Lower revenue recognized in FY 2011 is mainly attributed there were sales of surplus property in FY 10 not incurred in FY 2011 GENERAL FUND Revenues as of October 30, 2010 Page 223 of 276 2 FY 2010 FY 2010 % FY 2011 FY 2011 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget Personnel Expenses 39,926,378.00 3,935,261.52 9.86% 42,849,057.00 3,710,917.30 8.66% Operating Expenses 1 10,472,698.00 489,811.79 4.68% 13,186,642.00 474,879.57 3.60% Capital Outlay 2,246,526.00 6,346.08 0.28% 777,457.00 0.00 0.00% Grants & Aids 117,587.00 0.00 88,399.00 2,500.00 2.83% Other Uses 19,199,484.00 1,465,028.77 7.63% 7,233,883.00 602,823.58 8.33% Emergency Reserve build up 8,961,413.00 0.00 8,088,345.00 0.00 0.00% TOTAL 80,924,086.00 5,896,448.16 7.29% 72,223,783.00 4,791,120.45 6.63% 1 Expenses are lower than trend as most utilities billings for October are really for September 2010. Professional and contractual services has not been utilized in October. GENERAL FUND Expenditures as of October 30, 2010 FY 2010 FY 2010 % FY 2011 FY 2011 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Local Option Gas Tax 1 2,335,000.00 0.00 0.00% 2,276,966.00 0.00 0.00% Permits/License Tax/Other Fees 95,000.00 8,870.00 9.34% 73,050.00 5,025.00 6.88% Intergovernmental Revenue 985,000.00 0.00 0.00% 2,030,194.00 0.00 0.00% Charges for Services 5,000.00 637.65 12.75% 2,500.00 578.25 23.13% Miscellaneous Revenues 27,250.00 1,344.32 4.93% 18,500.00 6,023.34 32.56% Non-Operating Revenues 934,168.00 31,812.91 3.41% 197,142.00 16,209.75 8.22% TOTAL 4,381,418.00 42,664.88 0.97% 4,598,352.00 27,836.34 0.61% 1 Local Option Gas Tax received in October 2010 is for revenue collected in September 2010. TRANSPORTATION FUND Revenues as of October 30, 2010 Page 224 of 276 3 FY 2010 FY 2010 % FY 2010 FY 2010 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget Personnel Expenses $2,086,740 171,151.66 8.20% 2,040,141 162,250.45 7.95% Operating Expenses 1 $588,115 14,626.81 2.49% 556,965 891.61 0.16% Capital Outlay $47,600 0.00 0.00% 1,022,625 972.00 0.10% Debt Service $0 0.00 0.00% 0 0 0.00% Other Uses $1,659,163 119,880.26 7.23% 978,621 75,551.75 7.72% TOTAL $4,381,618 305,658.73 6.98% 4,598,352 239,665.81 5.21% 1 Expenditures in FY 2010 is higher than FY 2011 is attributed paymnet for the promotion of Keep Miami Gardens Beautiful and training which did not incur in FY 2011 Expenditures as of October 30, 2010 TRANSPORTATION FUND FY 2010 FY 2010 % FY 2011 FY 2011 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Permits/License Tax/Other Fees 1 2,429,000.00 374,768.26 15.43% 3,052,680.00 108,073.96 3.54% Charges for Services 102,462.00 216.00 0.21% 7,000.00 5,050.06 72.14% Miscellaneous Revenues 6,100.00 0.00 0.00% 1,300.00 0.00 0.00% Non-Operating Revenues 2 1,795,130.00 149,594.17 8.33% 2,900.00 0.00 0.00% TOTAL 4,332,692.00 524,578.43 12.11% 3,063,880.00 113,124.02 3.69% 1 Higer permit fee revenue is recognized in FY 2010 is attributed to revenue for Calder casino permits 2 FY 2011 is budgeted that the Development Services Fund will be self substained and that no subsidy from the General Fund is required. DEVELOPMENT SERVICES FUND Revenues as of October 30, 2010 FY 2010 FY 2010 % FY 2011 FY 2011 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 3,009,660.00 220,868.94 7.34% 2,256,745.00 139,461.46 6.18% 144,700.00 1,240.56 0.86% 176,860.00 2,448.72 1.38% 19,377.00 0.00 0.00% 2,000.00 0.00 0.00% 1,158,955.00 92,804.43 8.01% 628,275.00 52,356.25 8.33% TOTAL 4,332,692.00 314,913.93 7.27% 3,063,880.00 194,266.43 6.34% Personnel Expenses Operating Expenses Capital Outlay Other Uses Expenditures as of October 30, 2010 DEVELOPMENT SERVICES FUND Page 225 of 276 4 FY 2010 FY 2010 % FY 2011 FY 2011 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Permits/License Tax/Other Fees 1 40,000.00 9,550.00 23.88% 60,000.00 1,505.00 2.51% Grant 0.00 0.00 0.00% 87,073.00 0.00 0.00% Charges for Services 2 3,395,000.00 0.00 0.00% 3,395,000.00 0.00 0.00% Miscellaneous Revenues 40,000.00 0.00 0.00% 45,000.00 0.00 0.00% Non-Operating Revenues 1,302,950.00 0.00 0.00% 1,138,540.00 0.00 0.00% TOTAL 4,777,950.00 9,550.00 0.20% 4,725,613.00 1,505.00 0.03% 1 More permitting fees were issued in FY 2010 2 Stormwater fee is billed under water and sewer, therefore, payments will not be received until November. Revenues as of October 30, 2010 STORMWATER FUND FY 2010 FY 2010 % FY 2011 FY 2011 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 791,945.00 65,347.71 8.25% 968,053.00 78,002.52 8.06% 940,200.00 750.24 0.08% 1,176,896.00 201.12 0.02% 158,000.00 0.00 0.00% 1,568,760.00 0.00 0.00% Debt Service 665,889.00 0.00 0.00% 706,843.00 0.00 0.00% 2,217,716.00 54,509.25 2.46% 309,061.00 25,755.09 8.33% TOTAL 4,773,750.00 120,607.20 2.53% 4,729,613.00 103,958.73 2.20% Personnel Expenses Operating Expenses Capital Outlay Other Uses Expenditures as of October 30, 2010 STORMWATER FUND FY 2010 FY 2010 % FY 2011 FY 2011 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 449,783.00 39,272.88 8.73% 484,813.00 38,997.77 8.04% 66,215.00 46.80 0.07% 44,497.00 121.22 0.27% 31,875,424.00 6,738.21 0.02% 66,429,283.00 116,097.20 0.17% 191,113.00 15,635.67 8.18% 709,198.00 59,099.84 8.33% TOTAL 32,582,535.00 61,693.56 0.19% 67,667,791.00 214,316.03 0.32% Personnel Expenses Operating Expenses Capital Outlay Other Uses CAPITAL PROJECTS FUND Expenditures as of October 30, 2010 Revenues from Capital Projects Fund are either from grants or transfer from General Fund. Page 226 of 276 5 • HUMAN RESOURCES (Taren Kinglee). 2011 Open Enrollment for employee benefits held. Hosted ethics training provided by Dade County Commission on Ethics and Public Trust for employees. Ninety minutes sessions gave a brief overview of the Conflict of Interest and Code of Ethics Ordinance. Staff attended classes offered by Florida League of Cities. Subjects included bloodborne pathogens, safety culture, safety culture, safety teamwork, ergonomics in the field and office, hostile workplace, municipal inspections and flagger. Staff attended the OSHA/Florida division of Worker’s Compensation training class. Consultation with outside council through Florida League of City regarding pending litigations including deposition for cases. 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. DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Crichton) MAJOR INITIATIVES MANAGED Urban Area Security Initiative Administration: Monthly Statistics Sep-Oct Oct-Nov Nov-Dec Dec-Jan Jan-Feb Feb-Mar Mar-Apr Apr-May May-Jun Jun-Jul Jul-Aug Aug-Sep Sep-Oct Applications/resumes received 704 366 371 250 139 67 209 279 968 443 618 173 240 Positions Advertised 7 5 5 2 2 3 1 5 9 4 5 0 6 Interviews Conducted 60 54 37 68 61 15 29 16 18 90 85 21 18 Pre-employ Physicals 27 8 18 9 18 6 10 7 53 15 10 7 15 Background/Reference Checks 10 9 4 167 103 13 13 46 5 8 9 8 18 New Hires 13 8 2 2 7 6 1 1 48 4 8 3 8 Workers Comp Claims 22 18 7 15 16 14 23 21 17 18 18 29 22 Exit Interviews 1 2 1 1 1 1 2 1 1 0 1 2 2 Promotions 4 1 0 0 0 0 0 1 2 0 9 1 0 Page 227 of 276 6 • Prepared listing for Equipment Audit • Prepared Grant amendment for 2010 Red Light Camera Program Transition • Worked with ATS to discuss lease purchase option an revised contract amounts • Worked with ATS , and PD to go live with 16 additional camera locations Education Compact/Miami Gardens Excellence in Education 501C3 • Worked with School Board staff to coordinate School Tour • Worked with consultant to MGEEC Board Appointment Process • Worked with consultant to complete By-laws, proposed meeting agenda, finalize governance documents Capital Projects • Met with County staff to follow up on the release of $7M in GOB funding. • Worked with staff to detail funding transfers and formal requests for GOB allocations CITT Initiative • Worked with CITT working group in order to establish alternative proposals for the resolution of the CITT funding dispute between the municipalities and the County. LEGISLATION PREPARED (NON LEGAL) • Key Biscayne Foundation MOU • PD Renal Vehicles • 2010 Byrne Grant • SFWF Honors Program MISCELLANEOUS PROJECTS ASSIGNED • Organized meeting with City Hall/Police Department Architect EXTERNAL MEETINGS • UASI Work Group Meeting • Wenzhou Business Association – Crime Watch Meeting POLICE DEPARTMENT (Matt Boyd, Chief) Police Department Staff TOTAL BUDGETED POSITONS: 258 TOTAL HIRED TO DATE: 254 Page 228 of 276 7 • 1 Chief • 1 Deputy Chief • 3 Majors • 9 Captains • 28 Sergeants • 155 Police Officers (3 vacant position) • 10 Community Service Aides (1 vacant position) • 16 Telecommunications Operators • 2 Telecommunications Supervisors • 1 Telecommunications Manager • 1 Records Supervisor • 4 Records Clerks • 1 Executive Secretary • 6 Administrative Assistants • 2 Property Control Officers • 1 Facilities Manager • 1 Custodian • 1 Court Liaison/Off Duty • 2 Crime Analysts • 1 Administrative Analyst • 1 Investigative Assistant • 1 Crime Scene Supervisor • 5 Crime Scene Technicians The monthly activity for the Operations Division for the month of October 2010 is as follows: ARRESTS: • FELONY 85 • MISDEMEANOR 270 • TRAFFIC 397 • DUI 04 • WARRANT 50 TOTAL ARREST 806 CITATIONS: • MOVING 655 • NON-MOVING 1030 • PARKING 251 TOTAL 1936 FIELD INTERVIEW CARDS 1427 TOTAL CALLS RESPONDED TO 7841 Page 229 of 276 8 REPORTS WRITTEN 1983 TRAFFIC CRASHES 264 The monthly activity for the Support Services Division for the month of October 2010 is as follows: Property and Evidence, Number of property items processed: 201 -Property Receipts Processed 07 -Property Receipts Rejected 04 -Property Released 57 -Property out to Lab 0 -Property to be Disposed 06 -Lab Runs to MDPD $270.00 -Cash Impounded 20 -Firearms Impounded *not counting CSI direct delivered to lab. Number of reports processed and number of requests made at window for records: Reports Processed 2,211 /Walkup Requests at Window 667 /Mail Logged In 825 /Fingerprints 25 /Background Checks 72 /Amount Collected At the Window $63,482.01. Number of calls received by dispatch: CAD Calls = 11,290 /Phone Calls = 12,693/FCIC Entries = 244 /Training hours = 7 hours – FCIC Recertification for 7 employees Overtime Hours = 439.75 (13 for Oct 1; 171.25 for Oct 2-15; 229.5 for Oct 16-29; 26 for Oct 30-31. 54 hours of overtime was for the Landlord/Tenant permit project). Court Liaison and Off-Duty 703 subpoenas stamped and placed in the officers’ mailboxes. 405 off duty personnel processed and entered into Eden for payroll processing. 4 off duty vendor requests processed. 16 dispositions stamped and placed in the officers’ mailboxes. The monthly activity for the Investigations Division for the month of October 2010 is as follows: Arrests – Total: 242 Felonies – 73 Misdemeanor – 124 Truants Returned-0 U.S. Currency Seized – $1464.00 Page 230 of 276 9 Vehicles Recovered – 12 Vehicles Recovered Value-$278,000.00 Vehicles Processed-2 Property Recovered Value-$14,000.00 Firearms Seized – 6 Search Warrants 2 Total Cases Assigned 338 Closed 165 (+31 UNF) Rate 53.74% Scenes Processed by Crime Scene Investigations Unit-121 Capital Improvement Projects (Brandon DeCaro) Administration Items: • V. Nelson and B. DeCaro submitted all required information to the County Staff for transfer of GOB Grant Funds into appropriate active project. Letter requesting GOB transfer was sent by the City Manager. County requested additional information and a revised letters have been issued. City staff issued another letter directing the County regarding requested value for each of the new GOB Contracts. City & County staff met on 9/15/10 to resolve issues for the new contracts. The new GOB contracts for the selected parks projects are still pending. • V Nelson and B. DeCaro submitted all required information to the County Staff for transfer of GOB Grant Funds for the FF&E for the MG Community Center. Additional information was submitted to the County on 4/13/10. County distributed proposed contract to City with some unacceptable terms. Meeting with Commissioner Jordan was held on 5/25/10 to resolve contract issues. New GOB contract was approved by the City Council during the June 23rd meeting. The new GOB contract has been executed by the City and County. The 1st reimbursement payment for the Community Center FF&E was received in August, 2010. The 2nd reimbursement package was delivered to County staff on 10/05/10. The City has received the payment for the 2nd reimbursement package. Art in Public Places (AIPP): Planning Phase – Christina Goetzman • Miami-Dade County AIPP Staff has submitted proposal for assisting the City in the implementation of AIPP at Miami Gardens Community Center. Meeting with staff to discuss terms of proposal took place on 11/23/09. Revised proposal submitted by County on 11/30/09. An agenda item was approved by the City Council at the meeting on 01/13/10. • • Item was approved by the City Council during the 01/13/10 Council Meeting. Acceptance Letter mailed to Miami-Dade County AIPP on 05/03/10. • Kick-off meeting with Miami-Dade County AIPP staff for AIPP implementation at Betty T. Ferguson Community Center took place on 05/27/10. Site visit with artists conducted on 7/07/10. • AIPP applications for Miami Gardens Community Center Phase I were submitted to Miami-Dade County on 7/23/10. The County has processed all relative applications for initial County Professional Advisory Committee (PAC). City Staff attended the initial PAC meeting on 09/17/10, where five artists were shortlisted to Page 231 of 276 10 develop proposals for the Public Art. The Artists’ Project Orientation Meeting took place at the site on 09/28/10. Agreements for both short-listed artist’s proposal development and final artist’s commissioning are currently under review by the City Attorney’s Office. The second PAC meeting is scheduled to take place on 11/18/10, where short-listed artists will present development proposals. • Discussions with the Department of Parks and Recreation have taken place pertaining to Public Art to be implemented at Miami Gardens Community Center Phase II – Amphitheatre, and Miami Carol City Park Recreation Building. It is preferred that a mosaic is implemented on the face of the stage platform at the Amphitheatre, and a mural be implemented in the breezeway of the Miami Carol City Park Recreation Building. • The AIPP budget for the Amphitheatre is $15,000.00. The AIPP budget for the Miami Carol City Park Recreation Building is $15,058.85. The schedules and Callto-Artist’s for these particular projects have been finalized. The dates for the extension of the Call to Artists for both projects are currently under discussion. • The proposed AIPP Ordinance was adopted during the City Council Meeting on 09/08/10. • While the review of an Art in Public Places Advisory Committee is a requirement of the proposed AIPP Ordinance, due to time constraints and the inability to form said committee within the necessary time frame a resolution was passed during the 09/22/10 Council Meeting allowing the waiver of said review of AIPP to be implemented at Miami Gardens Community Center Phase II – Amphitheatre and Miami Carol City Park Recreation Building. • The licensure agreement for the nationally used CAFÉ System (www.callforentry.org) for the extension of “Call to Artists” is currently under review. CAPITAL IMPROVEMENT PROJECTS: New City Hall & PD Building: Design Phase 8% – Jimmie Allen & Brandan DeCaro • Preliminary Program and cost estimate reviewed by CIP Director and City Manager. • Review of Space Allocation & Building Program occurred 09/14/09, 09/15/09 & 9/16/09. • Miami Garden’s staff met with the Developer, Contractor and Architect on 8/13/09 to discuss the program for the proposed Town Center Project. The project will include the new City Hall, Police Department Building and Parking Garage. • All staff comments received & incorporated into building program. The revised program was provided to the developer on 09/24/09. Coordination Meetings with Developers Team on 10/09/09 & 10/15/09. • The building programs were review, & revised with the City Manager, Deputy & Assistant Managers. • City Council Workshop held on 11/18/09 for proposed City Hall and new Police Building. Page 232 of 276 11 • Workshop held on 3/02/10 to study the city planning for the project. • City Planning Concept presentation was given during the 4/14/10 City Council Meeting. • City Council approved preparation of RFP for construction of City Hall and development of City Center during 4/28/10 meeting. • Staff working on the assemblage of documentation to establish a desk top draft of the RFP based on discussions with City Staff. • The final Criteria Documents were assembled. Several City Departments were consulted to provide standards criteria into the document. • The Criteria for the RFP was completed by J. Allen and delivered to the City Manager on 6/18/10. There was one response for the RFP which is being reviewed by the City Manager. • The A/E Professional Services proposal was approved during the 7/28/10 Council Meeting. • City Staff met all day with the A/E firm, URS Corporation from 8/15/10 to 8/18/10 to validate the preliminary Program & special requirements for the City Hall, PD Building & Garage. • City staff had several meetings with the A/E on 9/13/10 & 9/14/10 to develop parking needs & special relationships for the new City Hall & PD Building. • URS started the survey for the existing furniture at City Hall & the PD Building during the week of 10/18/10. Police Building Major Interiors Construction: Close-out Phase – Jimmie Allen • The Building Department has not issued the Final Certificate of Occupancy (CO) for all of the work under Miami Skylines Contract. Miami Skylines was advised during the meeting of 11/9/10 to re-initiate the process so that the CMG Building Department can begin to process the CO. • Plumbing and Electrical “As Built” drawings are pending the completion by the Architect of Record, BEA Architects. The CO is pending the “As Built” drawings. • Miami Skyline Construction met with staff on 11/09/10 and discussed the final close out and settlement of the project costs and issues. Staff is awaiting Miami Skyline’s response to the staff proposed settlement offer. Fueling Facility & Storm Drainage: Construction Document Phase 85% – Jimmie Allen • WASD and DERM review for original scope completed June 2009. • A/E responded to the three environmental concerns from DERM. Portion of new storm drainage system will have to be re-designed as a result of DERM review. • A/E has provided fee proposals for revising the scope of the work for storm drainage. • The Report of the testing submitted to DERM was responded to 1/20/10. Two letters were forwarded reflecting the status of the review with conditions. The City will be required to issue to DERM within 60 days a mitigation plan along with additional testing specified in their letters dated June 19, 2009 and January 11, 2010. DERM has briefly indicated that the drainage portion of the project can run concurrently with the required clean up of the contaminated soil on site. Page 233 of 276 12 • City Staff prepared a letter for the City Manager, which was sent to DERM on 3/05/10. The City would prefer to conduct the additional testing required by DERM before proceeding with the removal of the contaminated soil. DERM accepted the response from the City on 3/09/10. • Purchase Order was issued and the sampling conducted the week of 4/15/10. • On 4/16/10, URS the consultant provided preliminary findings for staff review resulting from the recent testing performed. Additional sampling will be taken due to the negative test results and this will require a time extension from DERM. • The Environmental Assessment Report Addendum was prepared for the additional contaminant assessment required by DERM. The Addendum was submitted to DERM on 5/11/10. • The City received the DERM response for the recent submittal related to the environmental testing conducted in May, 2010. DERM has requested more additional testing of the soil & ground water. The additional testing was completed the week of 8/30/10. • Supplemental additional testing and sampling was required by DERM and was completed during the week of 8/30/10. The final results have been completed and the report was submitted to DERM on 10/14/10. • URS submitted spreadsheet with all costs associated for the project so the City can decide how to move forward with the various aspects of the project. The City will defer the redesign for the Fueling Facility until the issues with the contaminated soil removal have been resolved. • A Fuel Management System has been proposed and the CIP office has reviewed the system. CIP staff has requested URS to provide cost impact to incorporate an equivalent system into the project that will provide the City with a method of managing fuel use and consumption. Miami Gardens Community Center (MGCC): Close-out completed, Warranty Period – J. Allen • The Building Department issued the Temporary Certificate of Occupancy (TCO) on 8/02/10. TCO extension request was submitted 11/16/10 for renewed pending Plat Committee Hearing. The Final CO will be issued once Miami-Dade County records the final Plat for the property. • Final Plat documents were submitted to Miami Dade County on 9/16/10 for the scheduled Plat Review Committee meeting in November 2010. The Tentative Plat is currently waiting to be scheduled for the County Plat Committee meeting. • MDWASD installed the final Water Meter on 11/6/10 and site is fully served. • NFL Grant for $250,000 was requested now that the sports surface and lighting installation is complete. The City received a check for $200,000 from the NFL Grant. The bleachers are completed so the request for the remaining $50,000 reimbursed was mailed on 11/15/10. • Bleachers and Press Box Contractor received the “Notice to Proceed” on 10/26/09. • Building Permit was issued on 5/24/10. • The contractor’s 100% completion of the Punch List is pending. • The Press Box is completed and awaiting final structural Inspections. Page 234 of 276 13 • The Accessible Lift has been completed and the two way communication system set up and is functioning. The Lift inspection was conducted on 11/11/10 by the Elevator Inspection Agency for Miami Dade County and passed. The Fire Department inspection is pending along with the final Electrical inspection to complete the work. • The Bleacher project was determined substantially complete on 9/29/10. The reinstallation of the damaged seat covers is pending. The manufacturer & the contractor have agreed to replace all of the plastic seat covers with a thicker material since this installation is problematic. • The Bleacher contractor requested a Time Extension Change Order, which was approved by Council during the 10/13/10 City Council Meeting. The contractor continues to experience delays & did not achieve Substantial Completion as scheduled on 9/13/10. • The FF&E List was developed and the 3,000,000 for the FF&E funding was submitted to the County in December 2010. The contract with the County GOB Office for the FF&E funding was executed by the City and the County in July 2010. The 1st reimbursement payment for the Community Center FF&E was received in August 2010. The 2nd reimbursement package was delivered to the County staff on 10/05/10 and the City has received the payment. • The Two defective Pool Boilers are scheduled to be replaced on 11/17/10. Installation permits have been approved and the materials are expected to be delivered on the 17th and installed the same day. • The Miami Dade Fire Department approved the fire suppression system for the data system rack on 4/9/10. The building permit was issued on 5/13/10. • The fire suppression system installation for the data racks is 99% complete and pending Miami Dade Fire Final inspection for the suppression installation. • A Purchase Order was issued on 9/03/10 to Electrical Contracting Services for connection of the system to the building fire alarm. The work has been completed, tested and Approved by Miami Dade Fire and is currently awaiting the CMG Final Final electrical approval. Miami Gardens Community Center Amphitheatre: Construction 10 % – Jimmie Allen • Proposal for MGCC Amphitheatre project submitted for Safe Neighborhood Parks (SNP) Grant in July. Project recommended for grant funding by SNP Oversight Committee on 8/18/09. • City Council approved required project matching funds at meeting on 10/14/09. • Negotiation with MGCC A/E for design of Amphitheatre was completed 11/10/09. • The A/E contract for the Amphitheatre was approved during the 12/09/09 City Council Meeting. • The Notice to Proceed for the A/E was issued on 2/08/10. The A/E 100% Construction Document submittal was made 5/7/10. • The Construction Doc’s were submitted to County agencies for review on 5/10/10. The Construction Doc’s were submitted to the Miami Gardens Building Department on 5/12/10. Page 235 of 276 14 • Staff met with Miami Dade County Fire Department 7/15/10 on final approval issues with the plans and received approval shortly afterwards. • CMG Building Department approval was received on 8/12/10. • The bid advertisement was distributed 6/22/10. Eight bids were received & opened on 8/06/10. • The staff recommendation was approved during the 9/08/10 City Council Meeting. • The preconstruction meeting was conducted on 9/14/10. The “Notice to Proceed” was issued to the contractor on 9/27/10. • Public Works conducted their site preconstruction meeting with the Contractor on 10/14/10. • Site work commenced on 9/28/10. Fill was imported and the establishment of the work platform was stabilized and configured. • The installation of the underground drainage structures were installed from 10/15/2010 to 11/10/10. Two minor connections are remaining to the trench drain at the stage front. Damage to existing utilities occurred during excavation operations and the Builder was instructed to repair all damage per contract requirements at no additional cost to the Owner. • The majority of the building’s footers were excavated. Rebar was set, tied. Footings were inspected and cast on 11/11/10. • Electrical systems and conduit are currently being installed. The first lift of concrete masonry units is scheduled for the week 11/15/10. • The biweekly construction progress meetings are progressing. Miami Gardens Community Center Phase III: Planning Phase 50% complete – Brandan DeCaro • Staff has developed the budget and schedule for all of the remaining components for the Betty T. Ferguson Recreation Center. • The components that are being proposed for the Phase III scope include a natural turf football field with sports lighting, completion of the site landscaping & irrigation system, completion of the site sidewalks to become a Vita Course with 8 exercise stations, playground with shade structure, perimeter fence & gates and additional parking. Rolling Oaks Park: Design Phase 60% completed – Brandan DeCaro • Phase I Improvements include: Installation of 2 athletic fields, new entrance and turn-around, new parking and overflow parking lots, fencing, and concession/restroom facility. • Met with A/E 3/12/09 & 6/08/09 to coordinate the completion of the Construction Doc’s. • Revised CDs submitted to CIP staff for review 4/15/09. • DERM -Tree removal permit approved. • Miami-Dade County Fire -Plans approved for permitting. • Department of Health -Plans approved for permitting. • MDWASD & North Miami Beach sewer connection pending final approval. • Sewer pipe up-grade requested by DERM. Survey information & pipe as-built’s provided to DERM so that pipe up-grade will not be required. DERM approval received in June, 2009. Page 236 of 276 15 • Miami Gardens Building Department submittal pending. • Negotiating Additional Service with A/E for completion of Construction Documents. • Terminated A/E during 11/10/09 Council Meeting. • Negotiated conducted with new A/E to assume design and construction admin for project. • Agreement with new A/E will be presented to the City Council for approval. • Purchase of additional land for new main entrance from Miami Gardens Drive is in progress. Bunche Park & Pool: Design Phase 80% completed – Brandan DeCaro • Phase I Improvements include: Construction of entire pool parcel including pool house, parking paving/striping/drainage, lighting, fencing, landscaping, and signage. • Met with A/E 3/12/09 & 6/08/09 to coordinate the completion of the Construction Doc’s. • Revised Construction Doc’s submitted to CIP staff for review 4/15/09. • County Fire -Plans approved for permitting. • WASD – Water & Sewer connection reviewed and approved. • DERM -Review for Water & Sewer completed. Surface water permit approved. Payment for all DERM Permit Fees completed 7/14/09. • Construction Doc’s were submitted to Miami Gardens Building Department on 7/30/09. Building Department and Public Works comments received. A/E response to the comments is pending. • A/E terminated during 11/10/09 Council Meeting. • Negotiations conducted with new A/E to assume design and construction admin for project. • Agreement with new A/E will be presented to the City Council for approval. • The project will move forward once all necessary funding has been secured. North Dade Optimist Park: Design 100% completed, Bid Phase 90% – Anthony Smith • Phase I Improvements include: Construction of new 3,000 sq. ft. building including six restrooms, small concession/kitchenette, and storage rooms; paved parking lot with 114 spaces including drainage, irrigation and landscaping, football field & sports lighting relocation and minor landscaping; and construction of a sewer lift station. • Lift Station -Received approval by MDWASD and DERM. • Construction Doc’s for the Recreation Building & Lift Station submitted to the CMG Building Department for review on 5/27/09. • Plans resubmitted to the MG Building Department for 2nd review on 9/01/09. • A/E started work for additional services to add a new fence around the property, gates at entrances, irrigation system and building elevations. • Construction Doc’s re-submitted to the MG Building Department for 3rd Review on 11/03/09. Re-submittal included all additional service work. • The Construction Documents for the Recreation Building and site was approved by the MG Building Department on 11/10/09. Page 237 of 276 16 • The Construction Documents for Lift Station approved by the MG Building Dept on 12/29/09. • The Construction Documents for the Recreation Building were denied approval by the MG Public Works on 1/06/10. The Construction Documents were re-submitted to the MG Building Department to address MG Public Works Department comments on 02/10/10. • The Construction Documents for the Recreation Building were approved by the MG Public Works on 2/23/10. • The A/E submitted final additional services proposal to revise the construction documents to include security system, fire alarm and phasing of construction on 6/30/10. • The new ordinance letter, for water connection, was approved by Miami-Dade WASD on 6/29/10. (The original letter expired on 5/7/10.) • Revised plans, with Fire Alarm and Security System, submitted to Miami-Dade Fire Dept. for concurrent review on 7/28/10. Miami-Dade Fire approved the revised plans on 8/9/10. • The project was advertised for bids on 9/20/10. • The bid opening was held on 11/03/10. • The city’s recommendation of award for the low bid contractor is anticipated to be presented at the City Council meeting in January 2011. • Once the bid has been approved by the City Council the construction can begin. Norwood Park & Pool -Pool Building Renovation: Close-out 100% –– Anthony Smith • Repair work for Pool Building was temporarily on hold until scope for pool piping replacement could be determined. • Change request and proposal for additional work was approved 5/4/09. Repair work for the Pool Building commenced 5/14/09. Painting completed 6/05/09. • Punch List Inspection on 09/15/09; re-inspected on 10/15/09. Punch List complete 12/10/09. • Building Department approved final inspection for door replacement on 12/10/09. • All Pool House work has been completed. • The reimbursement from the Grant Agency (SNP) is pending. Norwood Park & Pool -Pipe Replacement Project: Construction 100% complete – A. Smith • Design Kick-off Meeting for Piping Replacement Project on 6/18/09. • Final Construction Doc’s completed and submitted to CIP staff on 7/31/09. • Construction Doc’s submitted to MDWASD, MD Fire, DERM & Miami Gardens Building Department for review on 7/31/09. MD Fire and DERM approval received in August 2009. • Construction Doc’s submitted to Health Department on 8/13/09. • Resubmitted to MG Building Department on 09/10/09, 9/24/09 & 10/08/09. • Plans were approved by the Health Department on 11/09/09. Page 238 of 276 17 • The revised plans with Health Department approval were re-submitted to the MG Building Department on 11/12/09. Plans were approved by the MG Building Department on 11/17/09. • Project advertised for Bidding on 11/9/09. Bids were opened on 12/10/09. • City Council approved and awarded construction contract on 1/13/10. • Pre-Construction/Kick-off meeting was held on 1/21/10. • The Construction renovation and pool piping replacement construction commenced on 1/28/10. • The installation of the domestic plumbing & pool piping is completed. • The revised construction documents for the pool grounding system have been approved by MG Building Department and the work has been completed. • The existing main drain for the pool was found to be leaking when the pressure test was conducted. The Health Department approval for the new drain detail & pipe replacement was received 4/19/10. • Revised drawings for the new main drain were approval by the MG Building Dept. on 4/27/10. • City staff will look at potential areas of concern for electrical deficiencies in the Pool House that will prevent occupancy of the facility. This work shall be done under a separate contract in order for the MG Building Department to finalize all associated permits and issue a Certificate of Completion for the piping replacement, (See Norwood Poolhouse Electrical Modification project). • The change order for the new work for the main drain was approved by City Council at the Meeting on 6/09/10. • City staff performed inspections of the construction for the new main drain to determine if project has achieved substantial completion. The project was declared substantially complete on 7/1/10. • The painting of the new concrete at the bottom of the pool was completed on 8/1/10. The sandblasting & painting of the remaining sections of the pool was completed on 10/1/10. • The Department of Health approved the final inspection and issued authorization to operate the facility as a public pool on 8/5/10. • The CMG Building Department approved the final inspection on 8/12/10. • All domestic and pool piping replacement work is complete. • The preparatory work and application of the finish product for the concrete decking around the pool commenced on 9/27/10 and was completed on 10/8/10. • The reimbursement from the Grant Agency (SNP) is pending. Norwood Park Poolhouse – Electrical Modifications: Construction 50% – Anthony Smith • Negotiated scope & fee with URS for electrical modifications required by CMG Building Dept. • Construction Documents started 7/05/10 and completed 7/16/10. • Construction Documents submitted to CMG Building Department for dry-run review 7/19/10. • Construction Doc’s submitted to DERM & Miami-Dade Fire Department for concurrent review 7/21/10. Construction Doc’s were approved by DERM & Miami-Dade Fire on 7/27/10. Page 239 of 276 18 • Construction Doc’s were approved by CMG Building Department on 8/05/10. • The project was advertised for bids on 9/2/10. • The Pre-bid site visit was held on 9/20/10. The bids were opened on 9/30/10 with two contractors cost proposals under the project budget. • The Preconstruction Meeting was held on 10/21/10. • The contractor commenced the work for the electrical modifications on 11/8/10. Miami Carol City Park: Construction 98% completed – Anthony Smith • Contractor for new Recreation Building and Site Improvements on hold pending final approval of site utility plans from WASD and DERM. • WASD Water & Sewer Agreement to 4/08/09 City Council Meeting. County Attorneys denied minor revision requested by City Attorney. Submittal of Water & Sewer Agreement pending up-dated “Opinion of Title”. Revised Water & Sewer Agreement accepted by WASD on 6/04/09. • MDWASD, DERM and Miami-Dade Public Works approval received week of 9/07/09. • Final submittal to MG Building Department on 9/18/09. Construction Documents approved by Miami Gardens Building Department. Miami Gardens Public Works approval pending. • Kick-off meeting held with contractor, Portland Construction. Miami Gardens Building Permit issued 10/15/09 and construction began on 11/02/09. • The underground plumbing and electrical were underway December 2009. • The property address of the new Recreation Building has been changed by the MG Planning & Zoning and Miami-Dade County’s Property Appraisal Departments to reflect accurate location. Certified copy of sheets submitted to Miami-Dade as a revision for review on 1/8/10 because the County permit number had expired. Miami Dade-Fire Dept. approved the drawings on 1/12/10. • Sewer line and manhole installation is completed and the roads have been repaved. • Shell of the Recreation Building was completed March, 2010. • The application of stucco finishes to the exterior of the building has been completed. The priming & painting of the exterior of the building is complete. • The installation of the conduit for the security systems is complete. • The connection to the FPL transformer has been installed. FPL installed the electric meter & the power was turned on 10/14/10. • The installation of the exterior lights is complete. • The exterior earthwork for landscaping is complete. • The contractor requested a 7 day time extension due to conflicts in the construction documents between the air condition unit and the electrical panel. • The project achieved Substantial Completion on 10/21/10. • Security Guard Service to monitor the Building at night commenced on 10/26/10. • The final punch list was issued to the contractor 11/2/10. • Contractor is correcting outstanding items on the punch list. Page 240 of 276 19 Miami Carol City Park Sports Lighting: Construction 100% Completed -Anthony Smith • Replacement of existing Sports Lighting for baseball and football fields identified in Federal Energy Block Grant. CIP developed cost estimate and schedule for light fixture replacement. • Miami Garden's staff met with Musco Sports Lighting at the park to review scope and schedule on 2/02/10. Cost proposal received from Musco on 2/05/10. • Light replacement cost proposal approved during the City Council Meeting on 2/24/10. • The Musco contract was signed and returned to the City. • The Construction Drawings (CD’s) have been approved by CMG staff. • The Construction Drawings (CD’s) were approved by the MG Building Department on 4/12/10. • The project was advertised for bid on 5/11/10. The bid opening took place 6/10/10. The low bid is below the budget. Staff has reviewed the bid for compliance with the bid requirements. The Purchase Order for the lighting fixture installation contractor has been initiated. • The contractor contractor commenced construction work on 7/6/10. • The installation of the new fixtures for the baseball and football fields is scheduled to begin during the week of 7/19/10. • The installation of the sports lighting was completed on schedule. The lighting levels were tested on 8/18/10. The lighting was used during Youth Sports Program games on 8/19/10. • Punch List Items are complete. The City has made the final payment for the contractor. Generator Installation at various Parks: Construction Phase 100% – Anthony Smith • Developing scope for the installation of transfer switch for emergency generators at several Parks. • Projects advertised for bid on 1/20/10. Pre-bid and site visit with contractors held on 1/27/10. • Bid opening for electrical work for transfer switches for portable generators held on 2/11/10. • The Purchase Order has been issued. Construction Kick-off Meeting was held on 3/30/10. • Construction Doc’s submitted to the MG Building Department for review on 4/27/10. The revised plans were re-submitted to the MG Building Department on 5/26/10. • Construction Doc’s for AJ King & Scott Park were approved by MG Building Department 6/3/10. The permits for AJ King and Scott Park were issued on 6/9/10. • The contractor was notified by the CMG Purchasing Department on 6/15/10 that they were in default of the City Contract. Revised schedule to cure default is pending from the contractor. The City declared the contractor to be in default of the contract on 6/17/10. • The city staff picked up the three transfer switches and cables from the contractor on 7/2/10. Page 241 of 276 20 • Purchase Order was issued to the new contractor to install the transfer switches on 7/7/10. • The new contractor commenced working on Building Department submittal 7/12/10. • Construction Doc’s for AJ King, Cloverleaf & Scott Park submitted to CMG Bldg Dept 7/22/10. Construction Doc’s for AJ King, & Scott Park approved by CMG Bldg Dept 7/30/10. • Construction Doc’s for Cloverleaf Park resubmitted to the CMG Building Dept. on 8/5/10. • The Contractor commenced the installation of the transfer switch at Scott Park on 8/10/10 & AJ King Park on 8/11/10. The installations are complete. There are pending items requested by the inspector during the final inspection. • The installation of the transfer switch at Cloverleaf Park was completed on 8/25/10. • The testing & training for the portable generators & transfer switch connections at the park facilities were completed on 9/6/10. • The Parks Department’s staff installed protective items around the transfer switch connection as requested by the CMG Building Department. • The installation of the transfer switches at AJ King, Cloverleaf & Scott Parks are completed and approved by CMG Building Department. • The reimbursement from the Grant Agency is pending. A.J. King Park Playground Replacement: Construction 100% completed – Anthony Smith • New playground proposal received for SNP Grant application. • V. Nelson and B. DeCaro attended the Safe Neighborhood Parks (SNP) Oversight Committee Meeting on 1/29/10 and received approval for funding for the new playground installation. • SNP Grant Contract for matching funds was approved by City Council during 5/12/10 Meeting. • Project planning & scheduled has been coordinated with Parks Department. Cost proposal was presented to City Council for approval during the 6/23/10 meeting. • City staff conducted the kick-off meeting with the contractor on 7/19/10. • The contractor submitted the application for the CMG building permit on 7/19/10. • Contractor started the demolition of the old playground and site preparation on 8/16/16/10. • Installation of the playground equipment commenced 8/30/10 & was completed on 9/10/10. • The installation of the poured in place soft surfacing commenced on 9/13/10. • The playground replacement was completed on 10/4/10. • The ribbon cutting ceremony was held on 10/15/10. • The City has made the final payment to the contractor. The SNP reimbursement is pending. Brentwood Park Sports Lighting Football Field: Planning Phase 95% -B. DeCaro /J. Allen Page 242 of 276 21 • CIP & Parks Staff met with Electrical Engineer & representatives from Musco Lighting at Park on 4/14/10 to discuss the proposed project. Engineer determined there is enough existing electrical power for Musco light fixtures for football field & future basketball courts. • CIP staff has developed Master Site Plan to coordinate location of football field, new light poles, future basketball courts and all future components for the Park. Master Site Plan was completed on 5/01/10. • Musco Lighting has developed design for sports fixtures. Musco provided cost proposal for fabrication of fixtures and electrical design on 5/28/10. • The Musco cost proposal for the electrical design drawings & the fabrication of the fixtures was presented but not approved by the City Council during the 10/13/10 Council Meeting. • The Agenda item for the Musco proposal has been revised and it was approved by the City Council during the 10/27/10 meeting. • The project will be funded by a Community Development Block Grant (CDBG). • The Lighting Package was received from MUSCO on 11/16/10 for Owner review. The package was reviewed and appears to be in order and ready for incorporation into contract document and drawing package for permit processing. Brentwood Park Playground Shade Structure: Planning Phase 25% -B. DeCaro /J. Allen • The shade structure for the recently installed playground is being planned for installation during 2011. Demolition of Mt. Hermon Church: Planning Phase 25% -Brandan DeCaro • The Parks & Recreation Department has requested that the building recently acquired by the City across from Bunche Park is demolished and converted into a temporary parking lot for the Park. • The project was placed on hold and will be reconsidered in the future. New Senior Center: Planning Phase 5% -Brandan DeCaro & Anthony Smith • The planning for the renovation of the main building at the Archdiocese site is anticipated to start during 2011. • Staff will request a proposal from the available continuing contract consultants. The A/E’s will be asked to analyze the existing roofing and mechanical systems and develop a Master Plan for the facility. BUILDING AND CODE ENFORCEMENT (SHARON RAGOONAN) REVENUES: Building Permits $ 74,061.93 Certificate of Occupancies (CO) 1,207.36 40 Year Recertification 0.00 TOTAL $ 75,269.29 Page 243 of 276 22 EXPENDITURES: Salaries & Wages $ 97,882.59 Personnel Benefits 30,076.19 Contract Services 72.86 (Professional Services) Operating Expenditures/Expenses 519.38 (Travel & Per Diem; Postage & Freight Utilities; Rentals & Leases, etc.) Operating Expenditures/Expenses 2,271.89 (Supplies; Other Operating Expenses; Uniforms; Books; Education & Training, etc.) Capital Outlay 0.00 Internal City Expenditures 0.00 TOTAL $ 130,822.91 TREND ANALYSIS: REVENUE AND EXPENDITURES PERMIT APPLICATIONS SUBMITTED: Building 189 Certificate of Occupancies 8 Electrical 69 MDC Permit Closures 76 Mechanical 31 Plumbing 34 Page 244 of 276 23 Zoning 8 TOTAL 415 INSPECTIONS PERFORMED: CITY STAFF Building 509 Electrical 198 Mechanical 78 Plumbing 205 PROFESSIONAL SERVICES Electrical 68 Mechanical 0 Plumbing 0 TOTAL 1058 UNSAFE STRUCTURES CASES: Issued 3 Board Hearing 0 TOTAL 3 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 0 Total – Construction Value $ 0.00 Residential Permits 0 Total – Construction Value $ 0.00 TREND ANALYSIS: PERMIT APPS, INSPECTIONS, UNSAFE STRUCTURES MAJOR PROJECTS: 1. Web extension application for online permitting is currently being tested. Press Release has been drafted. Page 245 of 276 24 2. FMU foundation permit will be issued 11/15/10. 3. FMU new Science Building plans are under review. 4. Administrative Professional development continues through active participation in establishing permit process automation. 5. Recruitment for the part-time electrical inspector/plans examiner position has commenced. 6. Unsafe structure cases were prioritized and the most severe cases are being routed through the process. CODE ENFORCEMENT (Roderick Potter) The following administrative, enforcement and licensing highlights are for efforts from September 2010 /October 2010: • Initiated an all week training session for automation of the code officer citation issuance procedures. • Met with IT Director to discuss enhancements to the code phone system. • Conducted interview’s for Code Compliance CDBG Grant Funded positions. • Conducted a Special Event plan finalization meeting for the Miami Caribbean Carnival Event with Miami Carnival. • Met with Saul Stein, NAI Miami Inc. regarding the Chili’s plaza • Finalized the installation of the access programs on all code officer’s laptops. • Started the illegal window sign enforcement project. • Conducted the monthly management field zone review. • Code Compliance area Supervisor or Officer attended a total of 1 Community Association and Neighborhood Crime Watch meetings for the month. • Conducted the monthly Housing Division meeting. • Conducted monthly general staff meeting and weekly management staff meeting. • Conducted a random review of officer case files. • Finalized the case review project for all lien cases. • Code Division management staff met to discuss Divisional operational improvement. PERSONNEL Staff Development: • Attended the Pcard transaction training. • Sr. License & Permit clerk attended FACE level I training class. • Conducted a code officer workshop to review ordinances and codes. • Conducted weekly status meetings for Business Tax Receipt and Certificate of Use renewal updates. • All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) network and training. Page 246 of 276 25 CODE Stats: July 10 Aug 10 Sept 10 Oct 10 Business Tax Receipt Inspections 52 78 70 72 Certificate of Use Inspections 52 78 70 70 Landlord Permit Inspections 48 32 0 4 Warning Notices Issued 550 377 343 242 Civil Violation Notices Issued 107 94 174 119 Re-Inspections 263 468 692 477 Special Master Hearings 31 18 22 31 Massey Hearings 77 24 52 59 Lien Reduction Amnesty Request Hearings 27 17 13 6 Extension Requests 62 32 26 27 Complaints Received 204 198 146 149 Proactive Cases 382 249 244 155 Cases Closed Within 30 Days 87 281 307 238 Cases Closed Within 60 Days 3 8 6 6 Cases Closed Within 90 Days 20 5 1 1 Special Operations-Code 9 3 10 14 Special Events 2 2 3 4 Illegal Signs Removed 587 895 778 831 Phone Calls Received by CEOs 268 205 181 165 Parking Tickets Issued 14 6 12 2 Lien Searches 136 194 169 211 Joint Operations-MGPD 0 2 4 2 PD Requests for CE 18 11 10 10 Abandoned Vehicles -Tagged 39 38 40 17 Abandoned Vehicles -Towed 6 2 5 1 Licensing Stats July 10 Aug 10 Sept 10 Oct 10 New Business Tax Receipts 57 49 56 38 New Certificates of Use 36 51 40 30 New Alarm Permit Accounts 53 91 10 36 New Landlord Permit Accounts 7 34 47 9 Business Tax Receipts Issued 53 246 514 208 Certificates of Use Issued 33 226 463 169 Alarm Permits Issued 25 53 33 11 Landlord Permits Issued 114 18 17 4 Page 247 of 276 26 Housing Stats July 10 Aug 10 Sept 10 Oct 10 Re-occupancy Inspections Re-occupancy Applications Re-occupancy Certificates issued Administrative Foreclosure Inspections 67 75 5 5 48 54 46 0 31 47 46 37 63 63 48 0 Note: All totals are from beginning to end of month. SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • Begin State Mandated Training ( New Training Guidelines)-Nov. 15th Meetings Attended: • Director’s Mtg.-• SCG Employee Staff Mtg • Agenda Review/Staff Meeting • CTST Meeting-Cancelled Meetings Scheduled: • CTST Meeting-December 6, 2010 Employee Incident Reports: • Total: Terminations: 0 Resignations: 0 New Hires: 0 ASSISTANT CITY MANAGER (Vernita Nelson) • Media & Events Division – Weekly Jazz in the Gardens 2011 production meetings; Reviewing contracts with Sun Life Stadium and artists; Working with City Manager and North Star on development of CMG Branding concept • Capital Improvement Projects Department – Continue to assist with capital projects in accordance with the Five Year Year Capital Projects Plan and Parks Master Plan; Assisted in preparation of several agenda items; leading efforts, with the assistance of Commissioner Barbara Jordan, to navigate through the county’s Building Better Communities Bond processes to secure contracts and funding; Working with Miami Dade Parks staff to release city’s reimbursement requests related to Safe Neighborhood Parks projects that have been completed. • Miami Gardens /Opa Locka Youth Violence Initiative – Please note that the three+ year Children’s Trust grant associate with the Youth Violence Prevention program ended as of October 31st. However, the Youth Violence Prevention 501(3) c was created Page 248 of 276 27 to continue the good works of the Coalition on behalf of the communities of Miami Gardens and Opa-Locka. o The Children’s Trust – youth and families served between August 16 – November 15, 2010 Objective # Youth Actual Served /# Contracted % Objective Completed Care Coordination Case Management 84/110 children 76.4% 74/110 parents 67.3% Out of School Suspension 125/64 youth 195.3% Pre-employment Services 121/75 161.3% Miami Gardens Police Academy Explorers Program 23/22 104.5% Miami Gardens Police Department Truancy Sweeps 414/113 366.4% Conflict Resolution Training 118/110 107.3% Safe Home /Safe Parties 190/150 126.7% Take Back the Streets Rally 28/25 112% Faith-Based Dialogues 67/45 148.9% Community Forums 135/150 90% Neighborhood Crime Watch Summit 92/50 184% o Outreach – Red Ribbon Walk was held on October 23 in conjunction with neighborhood churches and community organizations. o Staff and Partner Professional Development – Strengthening Families program Training was held on October 4th and 5th at the Betty T. Ferguson Recreational Complex. 25 Miami Gardens and Opa-Locka providers were trained to implement this evidence-based curriculum. o Social Marketing – PSA Announcements “We Love Haters” launched on Comcast North Miami/South Broward area on MTV, Cartoon Network, and BET channels. Login to www.yvpc-fl.gov to view. o Fund Development -Requests for Proposals Amount Status Miami Dade County Human Services $577,400 Pending Robert Wood Johnson Foundation (concept paper) $250,000 Pending FL Department of Juvenile Justice $50,000 ($25K Miami Garden and $25K Opa Locka) Awarded Page 249 of 276 28 • Public Works Department – Conducted field/site visits of stormwater and engineering projects; Assisted in preparation of agenda items • Weekly Department/Division Meetings • City Manager’s Office –On-going meetings with consultants ref: Future City Hall project; fulfilled public records requests Additional Meetings: • 10/15 – Grand Opening of new playground at AJ King Park • 10/20 – Meeting with Commissioner B. Jordan ref: GOB contracts • 10/21 – Lights On After School Program • 10/22 – CMG Breast Cancer Walk • 10/25 – Early Learning Coalition Meeting • 10/26 – GOB Citizens’ Advisory Committee Meeting • 10/27 – CMG Council Meeting • 10/29 – MDCCMA October Luncheon • 11/2 – Ethics Training • 11/4 --YVPC Executive Committee Meeting • 11/10 -Special Elderly Affairs Committee Meeting; CMG Council Meeting • 11/15 – Education Tour with MDPS Superintendent COMMUNITY OUTREACH (Lillie Q. Odom) • October 22, 2010 -Participated in the Breast Cancer Awareness walk • November 2, Attended the Planning Committee’s meeting for the Staff Holiday Celebration. • November 10, 2010 Attended the Passport Training, held at the BTFR Complex. • November 16, 2010 -Coordinated the plans for the 2nd. Annual Community Safety and Awareness event, with the Elderly Affairs Advisory Committee’s assistance. The event was held at the BTFR Complex with approximately 125 residents and 27 vendors in attendance. • Continuing to collect and organize articles, artifacts, signs and stories in reference to the history of the city. Community and Committee Meetings attended • October 21, 2010 – Participated in a Webinar entitled; “Free to Move about Your Community: A Look at Senior Transportation Issues. Page 250 of 276 29 • November 10, 2010 Attended a special call meeting for the Elderly Affairs Advisory Board, where Mrs. Harris from the Department of Elderly Affairs in Tallahassee was the guest speaker. • November15, 2010 -Attended bi-weekly meeting for the outreach division with Assisted Manager. • November 16, 2010 -Attended the Mayor’s round table medical discussion with the Aventura Hospital & Medical Center’s staff; in hopes of forming a partnership with the center to provide services to the residents in Miami Gardens. . • November 2010 -Attended the Elderly Affairs Committee Meeting held in the city Conference Room – 3:00 Pm. assisting with the coordination of a Community Safety and Awareness Forum. • November 17, 2010– Attended the Commission for Women Advisory Committee meeting held in the city conference room – 6:30 pm. • November 18, 2010 – Attended the “Ask a Lawyer event held at GNB sponsored by the State Attorney’s office and local attorneys • November 19, 2010 -Attended a meeting with the Black Archives Committee and Jay Marder to discuss a possible partnership for the Historical Archives for the city. Meeting was held in the Mayor’s Conference room. • November 19, 2010 – Participated in the Annual Thanksgiving Pot Luck Luncheon, held in the City Council Chambers. MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • Completed the November 2010 issue of the Community Newspaper. It has been distributed throughout the community and in various locations throughout the City. Visit www.communitynewspapers.com for an online version. • Contracts are in the process of being completed for the Jazz 2011 performing artists. The 2011 line-up for Saturday, March19, 2011, Lauryn Hill, Jazmine Sullivan, Al Jereau, Charlie Wilson and Doug E. Fresh and Slick Rick and for Sunday, March 20, 2011, Gladys Knight, EnVogue, El Debarge, Lalah Hathaway and Branford Marsalis. Vendor opportunities for Jazz in the Gardens are currently available. Vendors are directed to the Jazz in the Gardens website where they can access all the event information and applications online for food and non-food vendor. Sponsorship solicitation is an on-going effort and thus far we have a number of committed sponsors, many who are returning sponsors. Jazz in the Gardens tickets go on sale on December 10th and can be purchased at the stadium, online through Ticketmaster or at any Ticketmaster location. • We have been working on the 7th Annual Dr. Martin Luther King Celebration, coordinating all graphic materials along with the website. The MLK committee is Page 251 of 276 30 scheduled to meet on Tuesday, November 30, 2010, for an initial meeting. This year, other than the main holiday celebration at Miami Carol City Park, the Oratorical Contest, Break-Out Artists Competition and the Poetry Contest will all be held according to this schedule: 12-11-2010:MLK Breakout Artists Contest and Oratorical Preliminaries-BTF Auditorium 1-13-2011: Poetry Contest -BTF Auditorium 1-15-2011: Oratorical Finals -BTF Auditorium 1-15-2011: Service for Peace –TBA 1-17-2011: MLK Holiday Celebration – Miami Carol City Park Participation forms and sponsorship information can be accessed via the website: www.miamigardensmlk.com • A social networking committee has been established and the committee is exploring the opportunities available for the City through the use of social media, which includes Facebook, Twitter and a number of other services. Social media offers the City a new way of communicating and connecting with the public. While there are many benefits, the City must investigate to implement these services without violating Sunshine Law. • Events and Media staff attended the Ethnics training. • The Events and Media Department is re-focusing some of the department’s efforts towards public relations. Since our events have been successful and have taken on a life of their own, we are in the process of creating and building better relationships with the press in order to assist us in our public relations efforts. Thus far, emails have been sent out to the media sharing this new focus. In the past week we met with WPLG Channel 10 and Coast 97 FM to share our goals and seek out ways to work collaboratively to distribute our to the public. We have found that the most important element in the process is to get the news to the media in a timely fashion; at least two weeks in advance. • Tamilla has created this year’s Holiday Gift Wall for the 2010 Holiday Season. Staff and others in the community are invited to choose a child (Participating children have been selected by social service organizations and schools who have identified children who are in need of a holiday gift donation) from the wall and provide them with a wrapped gift under $25. • Tamilla has also taken the lead to work coordinate the City’s participation in Relay for Life. Relay for Life will be held in April 2011, however in the upcoming months, staff and council will receive updates of ongoing fundraising events and participation information. Please see Tamilla in regards to participating or making donations for this cause. Page 252 of 276 31 • 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 bid/RFP: Annual Contract Purchase of Police Uniforms & Accessories Annual Contract Printing Services for Parks’ Brochures RFP Design/Build NW 42nd Avenue Bridge Latent Station Software System Annual Contract for Bus Transportation Services Purchase & Delivery of Snacks for Parks Purchase & Deliver Youth Sports Uniforms (basketball, baseball, etc.) Purchase & Deliver Youth Sports Equipment 2. Prepared and issued four Quotations: Purchase & Deliver Refrigerators Water Heater Parts Vehicle Pest Control Services Purchase & Install Key lock AC Switches 3. Preparing specifications for the following: LOI Design/Build Firms Annual Contract Event Parking Services Demolition Services – Mt. Hermon Church, 2245 West Bunche Park Dr. Annual Contract Contract for Roofing Contractors Jazz in the Gardens Venture Issued 279Purchase Orders 4. Continue to maintain Fixed Assets (ongoing) 5. Continue to order and assist with auditing fuel card program 6. Continue to train and assist City staff on Eden software 7. Continue entering contracts into Contract Management (ongoing) 8. Continue assisting vendors with on-line vendor registration Bids & Quotes – bid vendors (ongoing) 9. Continue to add current contracts to Procurement Web Page 10. Completed FiscalYear end Procedures Page 253 of 276 32 Purchases $25,000-$50,000 Date Vendor Service/Project Amount 11/18/10 Saunders Ent. JIG $81,670.00 10/15/10 Roane Consulting Group JIG $45,500.00 11/12/10 William Scotsman Rental Park’s trailers $35,085.84 11/15/10 Maroone Ford Vehicle maintenance (outside warranty issues) $30,000.00 FLEET SERVICES (David Motola) o Fleet Management Software Utilization (Ongoing) o Repairs are being entered in the database, and vehicles are being tracked based upon the established preventative maintenance schedule o New vehicles being placed in service are being entered into the data base and units taken out of service are inactivated. o Fuel usage is being entered into the database reflecting both economy and total operating cost o Reports are now available to reflect expenditures by repair category or department o Units with low utilization are brought to respective management’s attention to make sure they are rotated into service. o Fuel Usage (Ongoing) o Monthly reports of fuel usage with concern identification provided to all Department Managers for concurrence. o Fuel invoices are being maintained electronically, master bill. o Fuel invoices are reviewed and billing errors are reported to Procurement for investigation and resolution. o The State awarded a new contract for fiscal year 2011, we are in the process of receiving training on the new system with their reporting and will be shortly coordinating with Procurement to transition from Comdata to Wright Express. o Marked Police Vehicles – Fleet in cooperation with PD command staff arranged for the calibration of speedometers and inspection of vehicles. Units requiring service were taken out of service accordingly. o South Florida Fleet Managers Meeting – The Fleet Department participated in a South Florida Fleet Managers meeting on 11/3/10 held in Coral Springs. Topics relevant to Fleet Management were discussed. Page 254 of 276 33 o Fuel Cards – The city switched vendors for fuel cards from Comdata to Wright express. With the assistance of procurement, the Fleet department distributed the new fuel cards to respective departments. o Insurance Cards – With the assistance of Risk Management, new insurance cards were distributed. o Collision Repair o Continue to work closely with vendors, Risk Management, and user department to provide prompt collision repairs within departmental policy and procedures. o Fleet Service Rep. obtains estimates of crashed vehicles and provides to Risk Manager for review on an ongoing basis o Two units with unreported damage were identified. o Tire Repair /Road Side Assistance – An inventory of used /temporary tires have been placed in inventory and used on an as needed basis. Signs posted to designate tire and wheel applications. Additional spare tire retaining hardware were ordered after a number of PD units were identified without them. o Warranty Repairs – Check service repair invoices against vehicle warranty to insure proper billing for services. o Trailer Repairs – The new vendor is routinely performing trailer inspections and repairs o Vehicle Lot Checks/Inspections o A new design spot lamp with higher candle power will be tested in one unit. Should the bulb provide additional lighting and related safety the Fleet Department will procure some to replace bulbs with visible surface haze. o Vehicle Inspection for P&R and Parks Maintenance on 10/19/10 o Vehicle Inspection for Building & Code on 10/20/10 o Vehicle Inspection for Public Works on 10/28/10 o Monthly start up and check City Hall and Parks standby generators • Vendor Inspections -Regular visits to mechanical and body shop vendors for visual vehicle repair status and updates and drop off and pick up vehicles at various locations. o Meetings/Conferences/Even ts o Fleet Admin. attends monthly Event Planning Committee/Forum meetings o Fleet Manager meets regularly with ACM o Fleet Staff P-Card Training 10/18/10 o Fleet Staff attended the Ford PD Interceptor conference on 10/27/10 Page 255 of 276 34 o Fleet Staff attended Ethics Training Nov. 2 & 8th, 2010 o Fleet Service Representative meets regularly with Police Department vehicles liaison, Sgt. Brown to discuss and address repair issues and concerns. o Other Ongoing Fleet Items o Fleet Administrator schedules car wash, detail appointments and window tinting services for various departments. o Responded to multiple service calls for Police, Public Works, Parks Maintenance, Building and Code Enforcement departments, addressing their concerns. o Fleet Administrator routinely contacts vendors for monthly accounting statements to research and reduce invoices from becoming past due. o Fleet Administrator process invoices from vendors regarding parts, service, and maintenance repairs on vehicles and equipment. o Fleet Administrator Prepares requisitions necessary to purchase parts, accessories, maintenance and services. INFORMATION TECHNOLOGY (Ronald McKenzie) IT Dept Overview This Status report covers the activities of the Information Technology Department for the period from 10/22/2010 through 11/29/2010. It is organized into the following areas: • Significant Accomplishments • Significant Issues • Schedule Status • Travel Activity Accomplishments from Month: o Significant Accomplishments Installed VMware to virtualize environment at both CH and PD Installed SAN to allow for more and better data storage at CH and PD Virtualized many servers at both PD and CH. Did not virtualize the DMZ area, because of the physical circuits that go into the DMZ equipment. Still have to virtualize some of the bigger servers (File Folder, RMS and about 3 others). Successfully virtualized exchange at PD. We have not had any issues with email since the conversion. Virtualized EDEN. We now have redundancy for EDEN at CH and also across at PD. Page 256 of 276 35 Installed PRI circuit for BTFCC. Gives all users at the center a Direct Dial number. It also still allows for 4 digit dialing from all CMG sites. Staff at BTFCC will be responsible for updating the intranet directory. Began new session of Senior Computer Literacy program. Classes are conducted twice a week at BTFCC. They started on 10/25/10 and will go for 6 weeks. Working with BTFCC staff to install cable and televisions in exercise room and throughout the center. Served at IT expert, helping out the Town of Miami Lakes in evaluating possible vendors for outsourcing their IT Department. Upon completion of the process we began a discussion on establishing an inter-local agreement, by which CMG would provide that IT Support. Worked with the DCM, CM, City Attorney and various staff at the Town of Miami Lakes to come up with the terms for this agreement. Details of this agreement will go to council on 12/8/10. Worked with CIP to complete installation of low voltage wiring at MCCP. Helped find another vendor vendor for the Intrusion Detection and Camera System. Gathered specifications for the cameras and equipment and helped with receiving comparative quotes. Now we are working with the selected vendor to ensure setup is correct and monitoring can be done from MGPD. Deployed Windows 7 on all computers in Procurement. Will be installing Windows 7 on the other computers in the enterprise throughout the next few months. Opened up a file sharing account to allow CMG users to share large files with others inside and outside of CMG. Process is simple. Notified all staff at the Agenda Meeting and all CMG-Directors personnel that we have this feature/tool available. Worked and successfully cleaned up the “submit to” button on the website. It now works properly. All messages come to IT and we will filter from there. Created a new hotline for Planning & Zoning Performed various website updates. Tested and received pricing for 2-factor authentication for PD. Page 257 of 276 36 Ordered 4 MB circuit for MCCP. This will allow it to connect to our enterprise via the cloud (clear connection to CH, PD and BTFCC). They will be able to take advantage of our VOIP phone system and have direct access to network assets without going through a VPN. This will be the first park to enter our enterprise via the Cloud and will be the prototype for the various parks. Conducted database for UASI inventory. Inventoried all IT assets and we are prepared for the audit. Sold Motorola laptops and mounting brackets via auction. Vendor came and picked up the items. Installed scanners for code enforcement at all clerical workstations. Rolled out Microsoft Office Communicator to all CMG-Director staff. This includes the City Attorney and City Clerk staff. Replaced all-in-one printer for IA. Created test environment for Office Exchange 2010. Working on Pilot of new software before rolling out to enterprise. Researched and obtained information on ALL CMG websites. Worked with Miller Electric Company for the the deployment of the Emergency Advisory Radio System (EARS) We are continuing our work with cleaning up all of the addresses in the EDEN database as a part of the Parcel Refresh project. We have 3 staff member performing manual entry as we try to clean up about 25,000 errors in the system. Although tedious, the project is actually progressing very well. Began and continue working on the Telestaff rollout with MGPD. This software program aids in scheduling and keeping track of overtime. We were task to purchase and load a server, load the client on all laptops that will be using the application and perform various configurations to the software. We are actively working with PD to partner in the successful rollout and setting up the necessary training for staff. Still working to establish Unified Communications. This in effect is combining phone services with email and video services. Cross telecom has not done a good job with this implementation. We have encountered various issues and I Page 258 of 276 37 have not received on the bill since they have not truly delivered the product. We will continue working to bring this to a successful resolution. Working with architects and Management team on Architectural design for new city hall. Will be delivering an IT design strategy document to architects on 12/3/10. o Significant Issues Issues with Message Switch at PD. Temporarily lost access to File share and home folders at PD. (Issue resolved in 2.5 hours) Windows 7 working quirky with some applications Inspection Station Electrical Gate keeps on malfunctioning AT&T connections via aircard and ISP home connections. (ISP connections have been cleared up. Working with them to clean up aircard issue in one area) Pending installation of EDEN 5.4. We tried to install it over a weekend but kept having issues. We contacted EDEN and found out that there are many patches and errors with that version. We are now waiting for them to clear those issues up. Once we are assured it should work, we will try again. Still having issues with mobile users. I have been doing a lot of reading and so have my managers. There is a tremendous load being put upon routers that are protecting users from the outside from getting into the network while at the same time, allowing users to access their email, calendar, appointments and notes remotely. Once we only used a Blackberry Exchange server, now many different phones are made with various operating systems and most demand a “push” of information for retrieving the information from Outlook. As part of the Virtualization project we are looking into improving out network to allow users to use many different types of devices and to allow the almost 700 different assets to connect to our network. (We now have over 350 smart phones and 300 laptops that connect back to the system on a regular basis. Two years ago we had less than 65). o Schedule Status Sending item to council for inter-local agreement with the Town of Miami Lakes on 12/8/10. The Town of Miami Lakes is sending the same item to their council on Page 259 of 276 38 12/14/10. It both councils agree will start providing IT support for the town at the first of 2011. o Travel Activity Mario attended VMware and HP training in preparation for SAN/Virtualization project. Ricardo attended Module 2 training for the CCIO program. Chas will be attending Unified Communication Training in January. Ron attending FLGISA Winter Conference in Feb. Ricardo attending Module 3 Training for CCIO in Feb PUBLIC WORKS DEPARTMENT (TOM RUIZ, DIRECTOR) 1. Staff continues to clean and maintain bus bench areas throughout the City. This last month we have performed maintenance on bus benches and cans throughout the City. Giving unstable benches stability and wandering cans security. We will continue with this effort, protecting the City from liability. 2. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. 3. Two streets crews continue to repair sidewalks throughout the City. We are not only repairing sidewalks but also roadways, edge of roads, potholes and sinkholes to insure the safety of our residents, and those who visit. 4. Staff continues to trim and prune trees citywide even though we are in the last month of our hurricane season we still make attempts to give our citizens the security they expect. 5. We continue cleaning drains around the City. We have both combination vacuum trucks on the road battling debris and sedimentation within our storm systems. Flooding has decreased due to the means of our maintenance program. 6. General Asphalt continues to work on the construction of the second LAP Roadway Improvements (ARRA Project A) which started on October 4, 2010. The project consists of replacing damaged sidewalk, ADA ramps, milling, resurfacing and stripping on NW 12 Avenue from NW 183 NW 199 Street, NW 12 Avenue from 167 Street to 179 Street, NW 13 Avenue from 155 Drive to 167 Street. Also the damaged sidewalk and ADA ramps will be replaced on NW 175 Street from NW 12 Avenue to NW 47 Avenue. The total budged approved for the project is $575,684. The contractor have replaced all ADA areas that were damaged or on non-compliance on NW 12 Ave from NW 170 Terrace to NW 199 Street. The asphalt work is scheduled to start at the end of November 2010. Page 260 of 276 39 7. The City of Miami Gardens received $2,516,740 in American Recovery and Reinvestment (ARRA) stimulus funds through the Florida Department of Transportation for roadway improvement projects. $835,150.00 will be utilized to replace the NW 42nd Ave/NW 178th Drive and NW 179th bridge. On November 10, 2010 the Council approved the amount of $100,000 to be utilized to hire a consultant to prepare a design-built criteria package. The Director and City Engineer are working with Purchasing Department to finalize negotiating the scope of work with Chen Associates. 8. On January 27, 2010 the City of Miami Gardens Council approved a budget of $350,000 for drainage improvements in the residential area which covers the area from NW 19 Avenue to NW 21 Avenue and NW 191 Terrace to NW 195 Street. For this project the amount $131,096 was received from SFWDM and the City will match it with $218,904. The design plans were finalized by the Consulting Engineer on November 9, 2010. Staff will be working on the bid package documentation and forward them to Purchasing Department for bid advertising. 9. On January 27, 2010 the City of Miami Gardens Council approved a budget of $150,977 for drainage improvements in the residential area which covers the area from NW 38 Avenue and NW 38 Place and NW 208 Street and NW 209 Street. For this project the amount $30,977 was received from SFWDM and the City will match it with $120,000. The design plans were finalized by the Consulting Engineer on November 9, 2010. Staff will be working on the bid package documentation and forward them to Purchasing Department for bid advertising. 10. Vila and Son continues to work on the construction of the Miami Gardens Drive Landscaping Project -2nd phase (Project is between NW 27 Avenue and NW 47 Avenue on NW 183 Street) which started on September 20. 2010. The contractor has installed 60% of the irrigation system and completed 25% of the landscaping. 11. Public Works issued 19 permits of which 10 for driveways and sidewalk, 5 for utilities and 4 for paving and drainage. 12. On November 5, 2010 the City Engineer was invited to host a lecture on civil engineering construction permits to the graduate class at Florida International University. 13. Staff identified and completed necessary work to make all the bus benches in the State roads within the City Americans with Disabilities Act (ADA) compliant. 14. On October 25, 2010 RFQ#10-11-006 – Engineering Services to Retrofit Existing or Construct New Pedestrian Bridge in NW 175 Street and NW 42 Avenue was publicly advertised. This is a Local Agency Project (LAP) that is funded through the Transportation Enhancement Program (TEP) as part of the Safe Route to Schools grant. The total grant amount awarded to the City for this project is $1 million. Page 261 of 276 40 15. On October 22, November 9, and the 16th, field supervisors have attended training class called “From Supervisor to Leader: A Road Map to Success”. It was offered by the Florida Institute of Government which provided professional growth opportunities for the middle management in our department. 16. On November 3, 2010, the Director and Assistant Director participated in the Kiwanis reading at Miami Gardens Elementary School. 17. The Turnpike Sound Wall Landscaping Enhancement – Phase II design has been completed and soon to go out for bid. The goal of the project is to complete landscaping and irrigation enhancements from NW 179 Terrace through Miami Gardens Drive (east and west side of the sound walls). The first phase of the project stopped just south of NW 179 Terrace from NW 172 Terrace. The project is grant funded by FDOT –Turnpike Authority. 18. On October 20, 2010, The Director attended a webinar for “The FDOT 2060 Florida Transportation Plan”. 19. On October 21, 2010, the Director attended the the Venetian Gardens Crime Watch Meeting Check at 16155 NW 41 Avenue to talk about the street light issues in the area. 20. On October 27, 2010, the Director attended the County’s Solid Waste Quarterly Meeting w/Municipalities to discuss any issues in the community and their future master plan that has not been completed. 21. On November 5, 2010, the Director along with the Floodplain Manager and Operations Manager attended a Seminar – that covered: Erosion, Mitigation and Weeds and Aquatic Pests at the University of Florida Research Campus in Davie, Fl. 22. All Personnel are attending the Ethic Training Classes. 23. On November 9, 2010, The Director and Assistant Director attended the Southeast Florida NIGP Reverse Trade Show with the Purchasing Department at the Broward Convention Center. KEEP MIAMI GARDENS BEAUTIFUL Urban Community Forestry Grant • Completing grant repots In Class Environmental Education Program • Preparing for 2010-2011 school year • Doing out reach Landscape Maintenance Page 262 of 276 41 • This month 23 trees were installed along residential neighborhoods. Pitch apple and Vera Wood trees. • City crews are currently maintaining all landscape areas throughout the city. • Crews are doing major pruning throughout the city. Community Beautification projects • Ongoing • 2 major community projects completed this month Calder Race Course Staff Clean Up • Organizing City’s Community Beautification Grant • The new application for the Fall is now available Winter Beautification Awards • Winners are being notified • Currently seeking sponsorship to provide home improvement gift cards to future winners. South Florida Women’s Council • Partnering with SFWC to apply for grant funds for beautification efforts throughout the city. Black Male Explorer Program • City is partner with FMU’s BME program in a year long environmental careers exposure project. Tee Inventory System Update • 96 % completed Florida Urban Forestry Council • Submitting award application ASSISTANT CITY MANAGER (Daniel Rosemond) Zoning Zoning workshops with business stakeholders– As a follow-up to discussion on the dais about the newly adopted Land Development Regulations, Council directed staff to host a workshop with business stakeholders to specifically discuss the knee wall and landscape requirements in the LDR’s. The workshop was well attended and Planning and Zoning staff provided appropriate justification for requiring both elements. Staff is conducting follow-up meetings with stakeholders in the industrial parks to discuss on-going compliance issues. Healthways Agreement (Silver Sneakers Program) – As approved by Council, this program seeks to provide a monitory benefit to the City on behalf of eligible elderly residents when using the Community Center for fitness programming. I have been working with the company on the elements of the agreement-Page 263 of 276 42 specifically in terms of facility operational requirements, marketing of services, and the logistics of reimbursement on behalf of seniors that enrolled in the City’s senior program. In addition to the Silver Sneaker Program, Healthways has other programs that service other populations that are under the age of 55. As soon as the provider agreement is executed, I will be working with them to launch said programming. Job Fair (Florida Memorial University Dormitory Project)-This project has received Zoning approval and Council requested that the GC host a job fair with the objective of employing as many City residents as possible. I have been working with the GC’s representative on the logistics of the job fair. The GC is waiting for DERM and WASA approval, as well as ensuring that all sub-contractor agreements have been fully executed. The sub-contractors are the ones that will actually be doing the hiring. Once all of the specifics are worked out, the City will work with them to ensure a smooth job fair event. Miami Gardens Honors Program (SFWF)-Councilman Gilbert sponsored a resolution creating this program, which will provide job training opportunities for 5 high school, and 5 college students that are residents of the City. This program was made possible as a result of funding acquired thru the South Florida Workforce thru their ARRA Grant. This agency will provide the City up to $100,000 to fund the program. I have been working with the agency to execute the required agreement, and establish eligibility criteria for participants. CD staff will be responsible for screening participants. Neighborhood Stabilization Program (NSP) – As previously reported, the City was notified that it will be receiving $1.8M in NSP round 3 funding. Staff is continuing its work rehabilitation work on acquired properties while awaiting HUD’s assessment of round 1 obligations. There is an opportunity for the City to receive recaptured round 1 funding. In addition, staff is working on identifying an organization that will partner with the City to manage acquired properties that will be used to provide rental housing to households earning less than 50% of area median income. Livable Neighborhoods Initiative (infrastructure improvement) -I have previously reported that the work in Kings Gardens I & II has been completed. I am pleased to report that the remaining active homeowner’s association (Vista Verde) has met and agreed to convey their roads over to the City. Staff is working with the engineering firm to proceed with the work specifications necessary to solicit bids for required work. Participated in the following meetings: • Ethics Training • Councilwoman Davis-discussion of 5-year strategic plan REREATION DEPARTMENT (Kara Petty, Director) Page 264 of 276 43 Recreation Division Shining Stars After-School: 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. • Betty T. Ferguson Recreational Complex: sixty (60) participants • Rolling Oaks Park: forty-two (42) participants • A.J. King Park: twenty-eight (28) participants • Buccaneer Park: seventeen (17) participants • Bunche Park: eighteen (18) participants • Miami Carol City Park: forty-two (42) participants • Norwood Park: thirty-seven (37) participants • Scott Park: thirty-six (36) participants Teens Summer Program • Teen After-School Program: thirty-six (36) participants • The teen after school program has added another school to our transportation pick-up schedule. • Expanding Horizons program has been running smoothly. We have reached our enrollment and staffing goals. In addition, all participants have completed their pre-tests and their their information has been inputted into the data tracker system. On Tuesday guest speakers are scheduled at the BTF recreational complex and our teens use the computer lab. On Thursday we use the gym and the field for recreational games and activities. • Community service: Expanding Horizons offers teens a chance to do community service each Thursday we take the teen to one of our local City gardens or another service site to do clean ups and learn the importance of giving back to your community. We started doing roadside clean up during our last Teens’ Day Off. Then they moved to Andover Park and did another clean up after which had a picnic. A.J. King Park • There is line dancing taking place on Wednesday, Thursday and Friday nights from 6:00pm-7:30pm. • Sports development Tee Ball takes place on Saturdays from 10am – 12pm. • The playground ribbon cutting was been held October 15. Page 265 of 276 44 Brentwood Park • CMGYS football and cheerleading practice takes place from 6pm – 8pm Buccaneer Park • Youth tennis lessons take place on Saturday’s from 9:00am-10:30am. • Adult tennis takes place on Monday and Thursday evenings from 6:30pm-7:30pm • There is line dancing offered on Tuesdays, Wednesdays and Saturdays from 8:30a.m.-12:00noon for adults of various ages. Bunche Park • CMGYS Football and Cheerleading practice takes place M-F 6:00-8:30 pm. Cloverleaf Park • There are over eighteen (18) patrons that play basketball at the courts throughout during the evenings Monday through Friday. • Monday, Thursday, and Friday line dancing takes place from 9:30am-11:30am. Miami Carol City Park • Walkers exercise around the park, the building and restrooms open at 7:30a.m. • Recurring church rentals occur on Sundays. • CMGYS Football and Cheerleading practice takes place M-F 6:00-8:00 pm. Norwood Park • CMGYS Football and Cheerleading practice takes place M-F 6:00-8:30 pm. Rolling Oaks Park • Line dancing is held every Thursday night from 6-7:30 pm. Scott Park Scott Park has daily walkers in the morning and evenings Monday thru Friday. CMGYS Football and Cheerleading practice takes place M-F 6:00-8:30 pm. Recreation Highlights Page 266 of 276 45 • The Senior Program has been on recess since June 1, 2010. Senior representatives and club members have met with City staff on several occasions to discuss the senior program and pending changes. On October 12, 2010 at 10am Staff hosted a meeting with seniors to provide questions to many answers. This was held at the Betty T. Ferguson Recreational Complex. Brunch was catered by Carnival Meals. Mr. Rosemond, Kara Petty and Carl Williams facilitated the question and answer portion of the meeting. The seniors have also been informed that we are in the works of finalizing our partnership with the Silver Sneaker Program. The Senior Program has been finalized and was launched on November 1st. o Lights on Afterschool program took place October 21, 2010 at Betty T. Ferguson Recreational Complex. o The Afterschool Shining Stars Basketball games started on October 22, 2010. o Kids Day Off (KDO) took place November 1st and 2nd at various parks. There were over a hundred and forty-five (145) participants in attendance. The children had a fantastic experience as they engaged in fitness, outdoor games, crafts, and skating at Galaxy Skateway. • On October 23rd, the parking lot sale occurred; residents were able to sell personal items to the public. There were over twenty-five (25) parking spaces full of merchandise for sale. • Future Men of Miami Gardens (Mentor Program): The program will begin January 25, 2011. Athletics • City of Miami Gardens Youth Sports: We are approaching the 3rd round of the playoffs and we still have 12 teams competing for the SFYFL Super Bowl Championship. • Miami Gardens Ravens Pee Wee team won the 2010 Super Bowl. Congratulations to all participants! • Basketball Registration began Nov. 15th JANITORIAL AND LANDSCAPING A J King Park o 20 Janitorial visits to clean up park site o 20 Trash removal Andover Park o 22 Janitorial visits to clean up park site o 2x Grass cut & 1x detailed grounds o 1x Premises Blown o 22 Trash removal Page 267 of 276 46 Bennett M. Lifter Park o 22 Janitorial visits to clean up park site o 22 Trash removal Betty T. Ferguson Recreational Complex o 1x Replaced sprinkler heads with risers o 2x Grass cut & 1x detailed grounds o 1x Premises blown o Bus sign reinstalled into the ground Brentwood Park & Pool o 22 (park) & 22 (pool) Janitorial visits to clean up park site o 1x Premises Blown (park) o 1x Premises Blown (pool) o 1x Grass cut & 1x detailed grounds (pool) o 22 (park) & 22 (pool) Trash removal Buccaneer Park o 22 Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 1x Premises blown o 22 Trash removal Bunche House o 20 Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 1x Herbicide o 20 Trash removal Bunche Park & Pool o 20 (park) & 20 (pool) janitorial visits to clean up sites o 1x Grass cut & 2x detailed grounds (pool) & 3x Grass cut (park) o 2x Pruned (park) o 2x Herbicide (pool) o 20 (park) & 20 (pool) trash removal Cloverleaf Park o 22 Janitorial visits to clean up up park site o 3x Grass cut & 3x detailed grounds o 2x Premises Blown o 22 Trash removal Inspection Station o 19 Janitorial visits to clean up park site o 1x Herbicide o 19 Trash removal Page 268 of 276 47 Miami Carol City Complex o 1x Grass cut & detailed grounds Miami Carol City Park o 22 Janitorial visits to clean up park site o 1x Premises Blown o 1x Pruned o 1x Detailed New Building Area o 1x Herbicide o 4x Grass cut & 1x detailed grounds o 22 Trash removal Myrtle Grove Park & Pool o 20 Janitorial visits to clean up park site o 1x Grass cut o 1x Cleaned tot-lots o 1x Herbicide o 20 Trash removal North Dade Park o 22 Janitorial visits to clean up park site o 1x Grass cut & 1x Detailed grounds o 22 Trash removal Norwood Park and Pool o 22 (park) & 22 (pool) Janitorial visits to clean up sites o 1x Herbicide o 1x Grass cut (park) & 3x Detailed grounds (park) 2x Detailed (pool) o 1x Cleaned tot-lot o 2x Park Premises Blown o 2x Pool Premises Blown o 22 (park) & 22 (pool) Trash removal Parkway Middle School o 34 Janitorial visits to clean up park site o 34 Trash removal Rolling Oaks Park o 23 Janitorial visits to clean up park site o 3x Grass cut o 4x Detailed Grounds o 2x Herbicide o 2x Premises Blown o 23 Trash removal Scott Park o 20 Janitorial visits to clean up park site o 4x Grass cut & 1x detailed grounds Page 269 of 276 48 o 1x Pruned o 1x Herbicide o 20 Trash removal 183rd Street & 12th Avenue o 1x Grass cut & detailed grounds Vista Verde Park o 22 Janitorial visits to clean up park site o 1x Premises blown o 22 Trash removal All park irrigation systems checked and repaired Removed debris from all parks TRADES A.J. King Park o 10/6 Contractor called to repair the a/c o 10/8 A/C not working properly Bennett M. Lifter Park o 10/29 Reset the timer on the lights o 10/29 Repaired the water faucet Betty T. Ferguson Recreation Complex o 10/4 Install break away goals in the gym Brentwood Park and Pool o 10/4 Repaired the bottom lock in the boys restroom o 10/4 Repaired the leak around the television o 10/26 Repaired the wooden fence o 10/26 Repainted the building (graffiti) o 10/26 City sign placed in the pool area Buccaneer Park o 10/29 Painted the north wall Complex o 10/29 Patch drywall Miami Carol City Park o 10/8 Repaired the swing set o 10/26 Repaired the light under the pavilion o 10/26 Test the photo cell o 11/1 Repaired bleachers o 11/1 Repaired scoreboard Page 270 of 276 49 Norwood Park & Pool o 10/29 Installed handicapped benches (pool) o 10/29 Fastened the pool bench to the ground (pool) North Dade o 10/4 Remove the wood roofs over the dugouts o 10/20 Welded the broken iron gate Rolling Oaks o 10/4 Repaired the tennis court gate o 10/4 Tied the wind brake on the tennis court o 10/4 Fastened the basketball court pads o 10/4 Cutback trees around the basketball court o 10/4 Patched holes in the windows o 10/11 Repaired the wooden fence in the parking lot o 10/11 Repaired the wooden skirt around the building o 10/13 Changed two flat tire on the mule o 10/26 Repaired four tennis court latches o 10/26 Repaired the exit lights o 10/26 Repaired lights in the pavillion Scott Park o 10/15 Repaired wooden fence o 10/26 Repaired gates Meetings 10/15: Florida Recreation and Parks Association Training and Education Committee 10/21: Council Agenda Review 10/21: Capital Improvements 11/2: City of Miami Gardens Youth Sports 11/4: Capital Improvements Current Projects Norwood Pool renovation: Renovation of the pool house, deck, and drains is complete. Miami Carol City Park Sports Lighting: The sports lighting installation is complete. Brentwood Park Sports Lighting: The sports lighting project is underway with completion anticipated by April 2011. Betty T. Ferguson Recreational Complex Amphitheatre: The department is working closely with Capital Improvements to complete the amphitheatre project by April 2011. Page 271 of 276 50 Miami Carol City Park: The new recreation center is almost complete and will open in January 2011. PLANNING & ZONING (Jay Marder, Director) PLANNING – Jay Marder, Bhairvi Pandya • School Interlocal Agreement (ILA) Amendment –School ILA amendment item to be presented to City Council for consideration on December 1, 2010. Miami Dade Public Schools (MDPS) representative will be present to answer any questions. The City Council will make a motion to pass a decision on the optional amendments and Amendment 1 (non-optional amendment). City Council’s decision will be transmitted to MDPS by staff. The City Council will adopt that decision by Resolution in January 2011. • Annual Capital Improvements Schedule (CIS) Update-City Council adopted the annual update to CIS on November 10, 2010. Package was transmitted by staff to Department of Community Affairs (DCA) on Friday November 12, 2010. A letter from DCA was received stating that the package was found complete. Currently the City’s annual update to CIS package is undergoing review at the DCA. Per communications from DCA staff, it is anticipated that the City’s amendment to the Comprehensive Development Master Plan will be found consistent by DCA. • Transportation Enhancement Program (TEP) Funding Solicitation-Coordinating next round of TEP grant solicitation with Miami-Dade MPO and City Departments. LAND DEVELOPMENT REGULATIONS – Jay Marder, Cyril Saiphoo • October 20 and November 17 Zoning Workshop With Stakeholders – Continuing workshops with stakeholders primarily includes industrial property owners, shopping center owners and their legal representatives. Landscape and knee wall requirements, as well as grandfathering process have been the main issues. Progress and details include a list of proposed amendments to the LDR plus a draft administrative procedure to insure that the grandfathering process has clear administrative guidelines and direction. The below points are additional to previous meetings, including a workshop held on October 6, 2010 that was already summarized in the previous September-October monthly report. Another workshop is scheduled for December 15. Then, the LDR changes will be compiled, added to those considered by Council on July 7, 2010, and presented to Council in January or February for adoption. • Additional Proposed Text Amendments to Code: o Phase the 5 year compliance requirement for landscape requirements for existing development: Landscape Plan submittal within 3 years; Landscape Plan approval within 4 years. Compliance in 5 years. o Require the Administrative Official to develop and promulgate reasonable, written guidelines for retroactive implementation of the landscape requirements. o Change the LDR term Certificate of Nonconformity to Certificate of Landscape Conformity. This will be limited to landscape and will not affect nonconforming buildings or uses. Page 272 of 276 51 o Limit the knee-wall to 2 ½ feet in height for safety purposes. o Limit the proposed knee-wall height requirement of 2 ½ feet to new knee-walls; or permit new knee-walls to match existing and adjacent knee-walls. o Correct confusing wording from the knee-wall “Exception” provision that limits the knee-wall requirement for parking areas adjacent to major and minor arterials, not to parking areas abutting all rights-of-way. • Draft Administrative Guidelines for Retrofit Landscape Compliance: o All uses and structures are “grandfathered” except for landscape requirements (and signs). o Landscape Plans and Certificate of Landscape Conformity: The owner must submit a Landscape Plan to comply with landscape requirements. If the site cannot comply for any reason, including but not limited to financial feasibility, the owner should then apply for a Certificate of Landscape Conformity to administratively determine which minimum requirements can and must be fulfilled “to the best extent possible.” The Certificate Certificate of Landscape Conformity runs with the land. o Cost Cap/Financial Feasibility Guidelines: A cost cap guideline shall be based on the appraised value of the property in relationship to the cost of landscape improvements; the standard shall be one percent of total appraised value. Customary soft costs of up to 5% of the total cost for landscape compliance/improvements may include landscape architecture and similar services. o Landscape Priorities shall be: 1. Street Trees/Royal Palms; 2. Landscape buffers abutting rights of ways; 3. Knee-walls/shrubs o The Royal Palm tree requirement applicable to Arterial Roadways does not overlap or otherwise count towards meeting Shade Tree requirements. o Incentives and Grants: Insure applicants’ awareness of the availability of financial incentives. o Arterial Roadways, Knee-walls and Related Requirement Applicability: For clarity, list each Arterial roadway. o Minimal Knee-wall Requirement for Retrofitting Existing Development: 10% criteria on Arterial frontage. o Tree Funds shall generally be utilized within ¼ mile (1,312 feet) of the site. o Sidewalk Pavement Treatment and Expanded 10-Foot Wide Sidewalks: Not required for existing uses. o Existing Conflicts with Landscape Requirements: Where appropriate maintain existing, established landscape. o Existing Powerlines and Other Similar Utility Conflicts: Substitute other tree/shrub material. o Parking Versus Landscape: Discourage reducing the number of required parking spaces. o Disagreements: The City Manager or his designee shall arbitrate disagreements prior to appeal to the City Council. • Commercial Vehicle Parking SOP and PR Program o Hotline: Implemented Zoning Hotline for new zoning code provisions, highlighting the commercial vehicle parking program and also including brief information about tree removal, shed setbacks, fencing and carports. Page 273 of 276 52 o Post Card to Property Owners: In consultation with Events and Media, developed a Commercial Vehicle Parking postcard mailing for city-wide distribution. It includes the hotline number, per above, which will covers the same subjects. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Bhairvi Pandya (group homes) • DRC MEETING – Reviewed plans for o Sonic Restaurant next to Stadium Walmart o Social Security Administration Building at 12 Avenue and 167 Street • Public Hearings o At November Zoning Meeting: Processed Prince of Peace Moravian Church rezoning to allow a banquet hall/fellowship hall expansion Processed American Tower for special exception for 150’ high monopole replacement tower including obtaining 25’ on the west and south sides of site to coordinate with the adjacent Miami Tower site. Processed Miami Money Market, Inc. for special exception to allow a pawn shop which was deferred to the December zoning meeting. Processed Habitat for Humanity variances of lot area and lot frontage to legalize two existing single family homes being rehabbed. o At December Zoning Meeting, prepared staff recommendations for: 2nd reading of Prince of Peace Moravian Church rezoning Non-Use Variance for Parking for Prince of Peace Moravian Church Miami Money Market, Inc. pawn shop special exception Road Vacate for a day care center School Interlocal Agreement – City Council to vote on proposed amendments • Permits Processed: o Commercial Vehicle (13) o CRH/Group Homes Under 6 persons (2) o Landscape Plan Application (2) o Address Assignment (1) o Sign Plans (8) o Substantial Compliance (1) o Temporary Sign: (5) o Zoning Verification Letters (1) o Vested Rights (2) o ZIP permits (7) o Building Permit Review (64) o Certificate of Use (40) • Florida Memorial University Dormitories – Reviewed letter regarding Parks Impact Fees from FMU. Researched similar dormitory building at St. Thomas University cited in the letter. Page 274 of 276 53 • Southern Wine In Sunshine State Industrial Park -Reviewed plans for landscape compliance. • Group Homes -Bhairvi Pandya is now responsible for the group home review and approval process which includes coordination with State Agencies, mapping group home requests (1,000’ radius between each one), coordination with customers, maintaining master spreadsheet of all group homes and updating status on a continuous basis, performing real-time edits and updates in the mapping program’s live database. EDEN – Marilu Gunness, Bhairvi Pandya • Permit Setup – Marilu-Prepared Ads, Notices for all December 2010 public hearings, Work with Intern on small departmental, Create folios in EDEN as necessary for departments, Create Requisitions and Receive Invoices. • Parcel Refresh – Bhairvi -Starting August 2010-Planning and Zoning, Building and City Manager’s office staff following up on editing of folio addresses in EDEN. So far over 12,000 addresses have been edited by staff. P&Z is verifying all folio address edits for quality control. Approximately 6/48/each page being verified on a continuous basis. Providing monthly reports to ACM. GIS – Bhairvi Pandya • Public Hearing Maps – Created 2 Mailed Notice Radius, 2 Zoning and 2 Aerial maps for Habitat for Humanity for Greater Miami, Prince of Peace Moravian Church public hearings. • Group Home Maps -Completed 2 group home maps with a 1,000 ft. radius. • Parcel Refresh GIS Database for Parcel Import – Compiling required databases such as city council districts and enterprise zone from GIS program, FY 2009 ptxa data sheet and GIS parcels data. Conducting a merger of all data using excel, access and GIS program dbase files to create a master database for parcel import in EDEN. • Website updates – Completed placement of all zoning district flyers, City can help with Signs flyer and Special Criteria customer information flyers on website with IT assistance. Continuous communication and meetings with IT to address departmental updates on website. MONTHLY MIAMI-DADE TRANSPORTATION TRANSPORTATION PLANNING COUNCIL (STAFF TECHNICAL COMMITTEE) MEETING -Bhairvi MIAMI-DADE GIS USER GROUP MEETING – Bhairvi MIAMI-DADE PUBLIC SCHOOLS STAFF WORKING GROUP (SWG) -Charter Schools as mitigation option criteria sub-committee meetings. Bhairvi MONTHLY MIAMI-DADE TRANSPORTATION PLANNING COUNCIL (STAFF TECHNICAL COMMITTEE) MEETING -Bhairvi MIAMI-DADE GIS USER GROUP MEETING – Bhairvi Page 275 of 276 54 MIAMI-DADE PUBLIC SCHOOLS STAFF WORKING GROUP (SWG) -Charter Schools as mitigation option criteria sub-committee meetings. Bhairvi MIAMI-DADE COUNTY TRANSIT PROPERTY AT NW 215 STREET AND 27 AVENUE – Met at Commissioner Jordan’s Office with Deputy City Manager Renee Crichton and numerous county staff to discuss charette planning process for recently purchased property at the southwest corner of the intersection. Jay DOLPHIN CENTER SOUTH DEVELOPMENT OF REGIONAL IMPACT – Compiling application, letter of intent and other necessary documents to consider abandonment of the Development Order. This would involve a zoning public hearing with the Miami-Dade County Board of County Commissioners and an application to the South Florida Regional Planning Council. Jay HISTORIC PRESERVATION PROGRAM – Met with The Black Archives of Miami staff and visited the City’s 2 story historic farmhouse on 12 Avenue. Discussed partnership between the City and The Black Archives. Drafting letter of intent by the City; The Black Archives will respond with a proposed agreement which will subsequently presented to the City Council. Jay CITY HALL – Compiled legal descriptions of the City and partnership sites. Jay SUNSHINE STATE INTERNATIONAL PARK – Researched similar redevelop in city of Miami regarding industrial to entertainment uses, zoning overlays and film/entertainment uses. Jay VOLUNTEER INTERNS – Hired two interns from the Florida Atlantic University’s planning program; both are residents of Miami Gardens. Jay SWIMMERS INTERNATIONAL HALL OF FAME -Met with representative of the group currently located in Ft. Lauderdale. Discussed the possibility of a site in Miami Gardens due to the proposed water park at Dolphin Stadium. Toured the area and potential sites on NW 27th Avenue as well as the Community Center. Jay ETHICS TRAINING -All attended various sessions. EDUCATIONAL – Attended City of Miramar presentation of new urbanism. Jay and Nixon SE FLA REGIONAL PARTNERSHIP WORK GROUP – Attended telephone conference regarding this regional energy/green planning project. Jay A. J. KING PLAYGROUND RIBBON CUTTING – Attended. Jay Page 276 of 276