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Home My WebLink AboutFebruary 24, 2010 Complete Agenda CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: February 24, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: March 10, 2010 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Oliver G. Gilbert III Councilman Aaron Campbell Jr. Councilwoman Barbara Watson Councilman André Williams Councilman Melvin L. Bratton Councilwoman Sharon Pritchett City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – February 10, 2010 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) February 24, 2010 Page 1 Page 1 of 202 Regular City Council Agenda February 24, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Dr. Danny Crew, City Manager – Employee Presentations ( 5 Year Service Pin) F-2) Councilman Melvin L. Bratton – AARP Volunteer Stars Shine F-3) Mayor Shirley Gibson – ?? F-4) Federal Stimulus Funding Update -Daniel Rosemond, Assistant City Manager F-5) NSP Program Update –Daniel Rosemond, Assistant City Manager (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, AMENDING THE BUDGET FOR FISCAL YEAR 2009-2010 TO REFLECT THE TRANSFER OF SIXTEEN THOUSAND, FIVE HUNDRED DOLLARS ($16,500.00) FROM THE GENERAL FUND INTO THE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUND, TO BE USED FOR FISCAL YEAR 2009-2010 ELIGIBLE ACTIVITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REGULATING THE SUPERVISION, CONFINEMENT AND TETHERING OF CANINES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) (J-1) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DESIGNATING THE ROADWAYS IN KINGS GARDENS I AND II AS CITY “RIGHTS-OF-WAY”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE Page 2 of 202 Regular City Council Agenda February 24, 2010 Page 3 CITY MANAGER) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2009-158-1103, TO INCLUDE FEES FOR THE ISSUANCE OF CONDITIONAL RE-OCCUPANCY CERTIFICATES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PERMITTING LOCAL BUSINESSES TO ADVERTISE IN THE PARKS AND RECREATION DEPARTMENT’S PUBLICATIONS; PROVIDING FOR A PRICING STRUCTURE THAT WILL ALLOW FOR ADVERTISING IN ITS MEDIA OUTLETS TO INCREASE REVENUE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PRODUCE THE FIFTH ANNUAL YOUTH INVITATIONAL BASKETBALL TOURNAMENT TO BE HELD IN APRIL 2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH AARP WHICH IS ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO ESTABLISH THE CITY OF MIAMI GARDENS AS A HOST AGENCY FOR AARP VOLUNTEERS PARTICIPATING IN THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO MUSCO SPORTS LIGHTING, LLC, IN THE AMOUNT OF $198,286.00 BY Page 3 of 202 Regular City Council Agenda February 24, 2010 Page 4 RELYING UPON THAT CERTAIN CLAY COUNTY FLORIDA BID 08/09-3 FOR SPORTS LIGHTING EQUIPMENT AT MIAMI CAROL CITY PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH GENERAL ASPHALT COMPANY, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FIVE HUNDRED SEVENTY-FIVE THOUSAND, SIX HUNDRED AND EIGHTY-THREE DOLLARS AND 36/100 CENTS ($575,683.36) FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH GENERAL ASPHALT COMPANY, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FOUR HUNDRED FOUR THOUSAND, ONE HUNDRED NINETY-SEVEN DOLLARS AND 75/100 CENTS ($404,197.75), FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF ONE THOUSAND SIX HUNDRED DOLLARS ($1,600.00) FROM FM GLOBAL, TO BE USED TO PURCHASE EQUIPMENT FOR THE MIAMI GARDENS POLICE DEPARTMENT ARSON UNIT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 4 of 202 Regular City Council Agenda February 24, 2010 Page 5 (K-1) RESOLUTIONS K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING THE 2010-2011 FEDERAL LEGISLATION PROGRAM FOR THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT CERTAIN ISSUES DURING THE 2010 LEGISLATIVE SESSION; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE MIAMI GARDENS “EXCELLENCE IN EDUCATION COUNCIL CONCEPT;” AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY TO CREATE A 501(C)(3) ORGANIZATION WHOSE PURPOSE IS THE IMPLEMENTATION OF THE CITY OF MIAMI GARDENS EDUCATION COMPACT; PROVIDING PROVIDING FOR FUNDING OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) IN FISCAL YEAR 2009-2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City 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./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S Page 5 of 202 Regular City Council Agenda February 24, 2010 Page 6 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 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: General Fund Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE BUDGET FOR FISCAL YEAR 2009‐2010 TO REFLECT THE TRANSFER OF SIXTEEN THOUSAND, FIVE HUNDRED DOLLARS ($16,500.00) FROM THE GENERAL FUND INTO THE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUND, TO BE USED FOR FISCAL YEAR 2009‐2010 ELIGIBLE ACTIVITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE Staff Summary: Summary: Background Annually, the Department of Community Development makes available Community Development Block Grant (CDBG) funds for the provision of public services to Miami Gardens’ residents. These funds are made available to interested non‐profit or community based organizations applying through a formal Request for Proposal (RFP) process. Concerned African Women (CAW) was one of the agencies that submitted a proposal and received an award in FY 2008‐09 in the amount of $50,000 for their Youth Works! Program, a summer job training and employment program for 25 youth ages 14‐15. In October 2009, a comprehensive review of CAW’s management of the CDBG funds was completed. The review consisted of an examination of program files to determine if CAW complied with the City’s sub‐recipient agreement as well as all applicable federal, state and local regulations and laws. This review resulted in two findings; a conflict of interest and a potential mismanagement of federal funds. ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Amending the Budget Fiscal Year 2009-2010 Page 7 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The Youth Works! Program budget included a line item for consultant services. 33% ($16,500) of the CDBG funds were used toward this line item. CAW retained the services of the consultant firm, Community Capacity Builders, to provide employment and life skills training to the program participants. The program review by City Staff revealed that the principal of Community Capacity Builders is also the board chair for CAW. While administering the program, CAW did not disclose this conflicting relationship with the consultant firm. Additionally, $31,725 of the Youth Works! Program budget was allocated for salaries and fringe benefits of the program participants. While conducting the review, City Staff was unable to obtain cancelled checks for any payments in this line item. A letter from the City dated November 2, 2009 was delivered to CAW informing them of the findings of the review. In this letter, we requested that CAW refund the City an amount of $16,500 that was paid to Community Capacity Builders. The letter also requested CAW submit the canceled checks of program participants for reconciliation purposes. CAW was given a deadline of November 9, 2009 to provide the cancel checks and a deadline of December 31, 2009 to refund monies paid to Community Capacity Builders. After an excessive delay, CAW provided the canceled checks to the City on December 15, 2009, thereby satisfying this finding. On December 22, 2009, a follow up letter was sent to CAW reiterating the necessity of the refund of monies paid to Community Capacity Builders. Current Situation A deadline of December 31, 2009 was given for CAW to return the funds, however to date the funds have not yet been received. Although the program was successfully completed and the accomplishments were met, CAW is in violation of Section 10.7 of its Sub‐recipient Agreement with the City, which outlines federal, state, and local laws regarding conflicts of interest. In order to comply with CDBG regulatory requirements, the City must return the $16,500 in question to the CDBG Fund. Therefore, staff recommends that the $16,500 be transferred from the General Fund to the CDBG Fund to be available for FY 2009‐10 activities, until such time as the funds are re‐captured from CAW. Once CAW returns the funds to the City, they will be applied to the General Fund. An approval of an ordinance authorizing this fund transfer is required. City Council approved this item on first reading. Proposed Action: Staff recommends approval of the proposed ordinance for second reading, transferring $16,500 from the General Fund into the CDBG Fund to be used for FY 2009‐10 activities. Attachment: Page 8 of 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 2010____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE BUDGET FOR FISCAL YEAR 2009-2010 TO REFLECT THE TRANSFER OF SIXTEEN THOUSAND, FIVE HUNDRED DOLLARS ($16,500.00) FROM THE GENERAL FUND INTO THE COMMUNITY DEVELOPMENT BLOCK GRANT (“CDBG”) FUND, TO BE USED FOR FISCAL YEAR 2009-2010 ELIGIBLE ACTIVITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens, Department of Community Development allocates Community Development Block Grant (“CDBG”) funds to non-profit and community-based organizations, and WHEREAS, interested parties must apply for said funds through a formal Request for Proposal (“RFP”) process, and WHEREAS, Concerned African Women (“CAW”) is one of the organizations, which submitted a proposal and received an award in fiscal year 2008 2008 – 2009, and WHEREAS, a comprehensive review of CAW’s management revealed that Sixteen Thousand, Five Hundred Dollars ($16,500.00) or thirty-three percent (33%) of the awarded CDBG funds were used towards consultant services with Community Capacity Builders, and WHEREAS, CAW retained Community Capacity Builders to provide employment and life-skills training to program participants, and WHEREAS, it was revealed that the principal of Community Capacity Builders is also the board chair for CAW, and 1 Page 9 of 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, although all programs were successfully completed, the City demanded a refund from CAW to comply with federal regulations, and WHEREAS, in accordance with Section 4.7 of the Charter of the City of Miami Gardens, the adopted budget for fiscal year 2009-2010 must be amended in order to transfer Sixteen Thousand, Five Hundred Dollars ($16,500.00) from the General Fund to the CDBG Fund, and WHEREAS, said funds will be replaced when the same is recaptured from CAW, 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 paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT TO BUDGET: The City Council of the City of Miami Gardens hereby amends the adopted budget for fiscal year 2009-2010 to reflect the transfer of Sixteen Thousand, Five Hundred Dollars ($16,500.00) from the General Fund into the Community Development Block Grant (“CDBG”) Fund, to be used for fiscal year 2009-2010 eligible Activities. Section 3. CONFLICT: All ordinances or code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be 2 Page 10 of 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 10TH DAY OF FEBRUARY, 2010. PASSED ON SECOND READING ON THE 24TH DAY OF FEBRUARY, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 24TH DAY OF FEBRUARY, 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER Moved by: __________________ Second by: _________________ 3 Page 11 of 202 4 1 2 3 4 5 VOTE: _________ 6 Mayor Shirley Gibson ____ (Yes) ____(No) 7 Vice Mayor Oliver Gilbert III ____ (Yes) ____(No) 8 Councilman Melvin L. Bratton ____(Yes) ____(No) 9 Councilman Aaron Campbell ____ (Yes) ____(No) 10 Councilman Andre’ Williams ____(Yes) ____(No) 11 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 12 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 12 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: N/A Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Mayor Shirley Gibson Department: Office of the Mayor and Council Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REGULATING THE SUPERVISION, CONFINEMENT AND TETHERING OF CANINES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. Summary: The Humane Society began a campaign entitled “Break the Chain” to educate the general public public as to the dangers of continuous tethering. The City of Miami Gardens desires to join other municipalities in supporting the Humane Society’s campaign. Tethering is the act of restraining a canine by tying the animal to any object or structure. According to the American Veterinary Medical Association (“AVMA”), tethering contributes to aggressive behavior in canines. Tethers ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Confinement and Tethering of Canines Page 13 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 also restrict a canine’s movement and may lead to severe collar injuries. Animals that are continuously tethered for extensive periods of time face greater exposure to environmental elements which may lead to illness and disease. Proposed Action: Mayor Gibson recommends that the City Council adopt the attached Ordinance regulating the supervision, confinement and tethering of canines. Attachment: Page 14 of 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE 2010-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REGULATING THE SUPERVISION, CONFINEMENT AND TETHERING OF CANINES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR DEFINITIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Miami Gardens is committed to protecting animals and preventing animal cruelty, and WHEREAS, according to the Humane Society, the continuous confinement of canines by a tether is a form of animal cruelty, and WHEREAS, the Humane Society began a campaign entitled “Break the Chain” to educate the general public as to the dangers of continuous tethering, and WHEREAS, the tethering of canines, has a direct impact on the health, safety and welfare of the residents of Miami Gardens, and WHEREAS, tethered canines tend to exhibit aggressive behavior, are more susceptible to severe collar injuries, and are subjected to exposure to illnesses such as rabies, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA: 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. REPEAL: Section 5-21 of the Miami-Dade County Code, as made applicable to the City of Miami Gardens, is hereby repealed in its entirety. 1 Page 15 of 202 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 SECTION 3. PURPOSE: This ordinance is enacted to promote the health, safety, and welfare of canines and the citizens of Miami Gardens by regulating the tethering of canines. SECTION 4. SCOPE: This ordinance applies to the continuous tethering of canines within the jurisdictional limits of Miami Gardens. SECTION 5. DEFINITIONS: The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: 9 1. Canine includes both male and female dogs. 2. Puppy means a dog that is less than six (6) months old. SECTION 6. SUPERVISION, CONFINEMENT AND TETHERING OF CANINES: 1. As used in this section, tether means to restrain a canine by tying the canine to any object or structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash or running line. 2. It shall be unlawful for a responsible party to tether a canine while outdoors, except when all of the following conditions are met: a. The canine is in visual range of the responsible party, and the responsible party is located outside with the canine. b. The tether is connected to the canine by a buckle-type collar or a body harness made of nylon or leather, not less than one inch in width. c. The tether has the following properties: it is at least five times the length of the canine’s body, as measured from the tip of the nose to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 1/8 of the canine's weight; and it is free of tangles. d. The canine is tethered in such a manner as to prevent injury, strangulation, or entanglement. 2 Page 16 of 202 e. The canine is not outside during a period of extreme weather, including without limitation extreme heat or near-freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 f. The canine has access to water, shelter, and dry ground. g. The canine is at least six months of age. Puppies shall not be tethered. h. The canine is not sick or injured. i. The pulley, running line, or trolley systems are 15 feet in length and are less than 7 feet above the ground. j. If there are multiple canines, each canine must be tethered separately. SECTION 7. EXEMPTIONS: This section does not apply to the transportation of canines. SECTION 8. ENFORCEMENT: City of Miami Gardens Police Officers and Code Enforcement Officers shall have primary responsibility for the regulations contained herein. Nothing in this Ordinance shall prevent a police officer or code enforcement officer from obtaining voluntary compliance by way of warning, notice or education. SECTION 9. PENALTIES: Each violation of this section shall be subject to enforcement through Ordinance No. 2004-11-27, of the City’s Code Enforcement Ordinance as may be amended from time to time. Section 10. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 11. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 3 Page 17 of 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 12. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered ore relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. Section 13. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 10TH DAY OF FEBRUARY 2010. PASSED ON SECOND READING ON THE 24TH DAY OF FEBRUARY 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 24TH DAY OF FEBRUARY 2010. ________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ 4 Page 18 of 202 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: MAYOR SHIRLEY GIBSON Moved by: __________________ Second by: _________________ VOTE: _________ 15 Mayor Shirley Gibson ____ (Yes) ____(No) 16 Vice Mayor Oliver Gilbert III ____ (Yes) ____(No) 17 Councilman Melvin L. Bratton ____(Yes) ____(No) 18 Councilman Aaron Campbell ____ (Yes) ____(No) 19 Councilman Andre’ Williams ____(Yes) ____(No) 20 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 21 Councilwoman Barbara Watson ____ (Yes) ____(No) 22 Page 19 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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 #: N/A X Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DESIGNATING THE ROADWAYS IN KINGS GARDENS I AND II AS CITY “RIGHTS-OF-WAY”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background In 2008, the Department of Community Development began the Livable Neighborhoods Initiative project. This project consists of comprehensive infrastructure improvements in three (3) residential neighborhoods deemed by our Public Works Department to be among the the worst in the city. The 3 neighborhoods consist of: 1. Garden Circle 2. Kings Gardens I & II 3. Vista Verde/Miramar Gardens In the Kings Gardens I & II neighborhoods, it was discovered that Miami‐Dade County’s GSA office was in ownership of the roadways. In order for the City to complete the needed infrastructure improvements in the Kings Gardens neighborhood, it was necessary to have the roadways transferred from County GSA ownership to the City. The Miami‐Dade Board of County Commissioners approved a resolution on December 18, 2007 declaring the roadways surplus so that they could be transferred to the City. ITEM J-1) CONSENT AGENDA RESOLUTION Designation of the Roadways in Kings Gardens I & II Page 20 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 On March 12, 2008 Council passed a resolution authorizing the City Manager and City Attorney to take all steps necessary to accept the conveyance of the roadways within the Kings Gardens Community from County GSA. Current Situation The City currently has ownership of these roadways and is performing the needed infrastructure improvements in the Kings Gardens neighborhood. In addition, a special taxing district, established by the County, exists in order to install and maintain lighting for the safety of the neighborhood and its residents. Although the City owns the roadways in the Kings Gardens neighborhood, they were not conveyed to the City as “rights‐of‐way”. In order for the taxing district to continue to maintain the lighting, the roadways must be deemed “rights‐of‐way”. The County is requiring that the City adopt a resolution with language accepting the roadways as “rightof‐ways” so that the taxing district established for this neighborhood can continue to install and maintain the lighting there. Proposed Action: Staff recommends that the Council pass the proposed resolution with language designating the roadways in Kings Gardens I & II as rights‐of‐way so that the established taxing district can continue to install and maintain the lighting in the neighborhood. Attachment: None. Page 21 of 202 1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, DESIGNATING THE ROADWAYS 5 IN KINGS GARDENS I AND II AS CITY “RIGHTS-OF-WAY”; 6 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7 PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the City Council previously approved the “Livable Neighborhoods 10 Initiative Project”, which consists of comprehensive infrastructure improvements in the 11 Garden Circle, Kings Gardens I & II, and Vista Verde/Miramar Gardens neighborhoods, 12 and 13 WHEREAS, on December 18, 2007, the Miami-Dade County Board of County 14 Commissioners declared the roadways within the Kings Gardens community as surplus, 15 and the roadways were transferred to the City of Miami Gardens, and 16 WHEREAS, on March 12, 2008, the City Council passed a Resolution authorizing 17 the City Manager and the City Attorney to take any and all steps necessary to accept the 18 conveyance of the roadways within the Kings Gardens community, and 19 WHEREAS, although the City now owns the roadways within Kings Gardens, they 20 were not accepted as City “rights-of-way”, as required by Miami-Dade County, and 21 WHEREAS, it is necessary to adopt a resolution with language accepting the 22 roadways as City of Miami Gardens “rights-of-way” in order for the established taxing 23 district to continue making infrastructure improvements with the Kings Garden community, 24 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 22 of 202 1 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this Resolution. 4 Section 2. DESIGNATION: The City Council of the City of Miami Gardens 5 hereby designate the roadways in Kings Gardens I and II as City “rights-of-way.” 6 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 7 upon its final passage. 8 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 9 AT ITS REGULAR MEETING HELD ON FEBRUARY 24, 2010. 10 11 _________________________________ 12 SHIRLEY GIBSON, MAYOR 13 ATTEST: 14 15 16 17 _________________________________ 18 RONETTA TAYLOR, MMC, CITY CLERK 19 20 21 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 22 23 24 SPONSORED BY: DANNY CREW, CITY MANAGER 25 26 27 28 MOVED BY:_____________________ 29 30 VOTE: _____ 31 32 Mayor Shirley Gibson (Yes) ___(No) 33 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 34 Councilman Melvin L. Bratton (Yes) ___(No) 35 Councilman Aaron Campbell (Yes) ___(No) 36 Councilwoman Barbara Watson (Yes) ___(No) 37 Councilwoman Sharon Pritchett (Yes) ___(No) 38 Councilman André Williams (Yes) ___(No) Page 23 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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 X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew, City Manager Department: Building & Code Compliance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2009-158-1103, TO INCLUDE FEES FOR THE ISSUANCE OF CONDITIONAL REOCCUPANCY CERTIFICATES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: At September 8, 2009, City Council meeting, a resolution setting the fees for Re‐occupancy Re‐inspection program was approved. During the initial implementation of the program, staff encountered complications with various banks and title companies with respect to the issuance of a “stipulated agreement” as opposed to the issuance of a “conditional re‐occupancy certificate”. In certain instances, banks refused to accept the stipulation agreement, thereby placing the closing of the real estate transaction in jeopardy. In an effort to ensure that the Re‐occupancy Re‐inspection program does not hinder the closing of real estate transactions, a process for the issuance of a “conditional re‐occupancy certificate” was established. Since this process was created after the adoption of the initial fee resolution, it is now necessary to amend the fee resolution to establish a cost for the “conditional re‐occupancy certificate”. Based on ITEM J-2) CONSENT AGENDA RESOLUTION Re-Occupancy Fees Page 24 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 comparison of surrounding municipal rates staff proposes the fee of $200.00 for the issuance of a Conditional Re‐occupancy Certificate. Proposed Action That the City Council approve the attached amendment to the resolution establishing a fee for the issuance of a conditional re‐occupancy certificate. Attachment None Page 25 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING RESOLUTION NO. 2009-158-1103, TO INCLUDE FEES FOR THE ISSUANCE OF CONDITIONAL RE-OCCUPANCY CERTIFICATES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 8, 2009, the City Council adopted Resolution No. 2009-158-1103 establishing fees for the issuance of Re-occupancy and Re-inspection Permits, and WHEREAS, during the initial implementation of the Program, City Staff encountered complications with various banks and title companies with respect to the issuance of Stipulation Agreements, and WHEREAS, certain banks refused to accept stipulated agreement thereby placing the closing of the real estate transaction in jeopardy, and WHEREAS, in an effort to ensure that the re-occupancy and re-inspection permitting process does not hinder the closing of real estate transactions, a process for the issuance of Conditional Re-occupancy Certificates was established, and WHEREAS, it is necessary to establish a fee for the issuance of a Conditional Reoccupancy Certificate, and WHEREAS, based upon comparisons of the surrounding municipal rates, staff proposes a fee in the amount of Two Hundred Dollars ($200.00) for the issuance of such Certificates, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 26 of 202 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 2. ESTABLISHMENT OF FEES: The City Council of the City of Miami Gardens hereby establishes a fee in the amount of Two Hundred Dollars ($200.00) for the issuance of Conditional Re-occupancy Certificates. 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 FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ Page 27 of 202 1 Mayor Shirley Gibson (Yes) ___(No) 2 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 3 Councilman Melvin L. Bratton (Yes) ___(No) 4 Councilman Aaron Campbell (Yes) ___(No) 5 Councilwoman Barbara Watson (Yes) ___(No) 6 Councilwoman Sharon Pritchett (Yes) ___(No) 7 Councilman André Williams (Yes) ___(No) Page 28 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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 Dr. Danny Cre City Manager w, Department: Parks & Recreation Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PERMITTING LOCAL BUSINESSES TO ADVERTISE IN THE PARKS AND RECREATION DEPARTMENT’S PUBLICATIONS; PROVIDING FOR A PRICING STRUCTURE THAT WILL ALLOW FOR ADVERTISING IN ITS MEDIA OUTLETS TO INCREASE REVENUE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The Parks and Recreation Department produces its departmental brochure, The Gardens Experience, and mails it to all city residents. This award-winning brochure is released on a quarterly basis and is a tool to inform residents of the recreational opportunities in the City, as well as other public information regarding the City of Miami Gardens. The Department also produces a Kids’ News flyer three times per year that is sent to area schools to go home with the students. This flyer distributes information regarding recreation programs that are offered by the Department. Lastly, during the summer camp program, a weekly schedule is sent home with all 600 participants to inform parents of the following week’s activities. ITEM J-3) CONSENT AGENDA RESOLUTION Advertisement in the Parks & Rec. Publication Page 29 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation Due to the popularity of the brochure and our programs, many businesses have expressed interest in advertising in our publications. The Department has developed a proposed fee structure that will allow for advertising in its media outlets which will increase the revenue brought in by the Parks and Recreation Department. The basic criteria for businesses to advertise in these publications is that they must have a City of Miami Gardens business license and offer family friendly services that are in line with the City’s mission. Staff proposes restricting businesses engaged in alcoholic beverages, adult entertainment, gaming, and other such business types from advertising in these publications. Advertisers will be limited to one full-page ad per year, or two half-page ads per year in The Gardens Experience. In addition, advertisements will not occupy more than 10% of the brochure (based on current size, expected to be no more than 4 pages). Advertisers will be limited to one Kids’ News per school year, and one summer camp weekly schedule flyer sole source every two years. All advertisements will be accepted on a first come, first served basis. The advtisement fee structure is proposed as follows: The Gardens Experience: Inside Back Cover (Full Page): $325 black and white, $425 color Full Page: $250 black and white, $325 color Half Page (horizontal): $125 black and white, $175 color Kids’ News: Flyer ad: $100 black and white Summer Camp weekly schedule flyer: Flyer ad: $50 per week black and white Entire Summer (sole sponsor): $400 black and white It should be noted that the fee structure proposed are introductory and Staff will evaluate demand for ad space, along with analyzing any production costs increases as a result of this measure. From a market comparison, the proposed fee structure has been intentionally kept lower to make it accessible to smaller, local businesses. In the event that demand for advertising in these publications exceeds expectations, staff will come back to Council for authorization to modify the fees. Proposed Action: Page 30 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City staff recommends that City Council approve the attached resolution to establish an advertising component and a fee structure for external business advertising in the Parks and Recreation Department’s publications. Attachment: I. Advertisement Insertion Order Form Page 31 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PERMITTING LOCAL BUSINESSES TO ADVERTISE IN THE PARKS AND RECREATION DEPARTMENT’S PUBLICATIONS; PROVIDING FOR A PRICING STRUCTURE THAT WILL ALLOW FOR ADVERTISING IN ITS MEDIA OUTLETS TO INCREASE REVENUE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Parks and Recreation Department produces a departmental brochure, “The Gardens Experience,” and WHEREAS, the Brochure is mailed to all City residents, and WHEREAS, the Parks and Recreation Department also produces “Kids’ News” flyer three (3) times per year and sends it to local area schools, and WHEREAS, due to the popularity of the publications produced by the Parks and Recreation Department, businesses have expressed an interest in advertising in the publications, and WHEREAS, the Parks and Recreation Department has developed a proposed fee structure that would allow for advertising in its publications to increase the revenue brought in by the Parks and Recreation Department and to offset the cost of the publications, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Page 32 of 202 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes local businesses to advertise in the Parks and Recreation Department’s publications increasing the revenue brought in by the Parks and Recreation Department. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 FEBRUARY 24, 2010. ___________________________ ______ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 32 Mayor Shirley Gibson (Yes) ___(No) 33 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 34 Councilman Melvin L. Bratton (Yes) ___(No) 35 Councilman Aaron Campbell (Yes) ___(No) 36 Councilwoman Barbara Watson ((Yes) ___(No) 37 Councilwoman Sharon Pritchett (Yes) ___(No) 38 Councilman André Williams (Yes) ___(No) Page 33 of 202 C R E A T I N G C O M M U N I T Y T H R O U G H P E O P L E , P A R K S , A N D P R O G R A M S M I A M I G A R D E N S P A R K S A N D R E C R E A T I O N A D I N S E R T I O N O R D E R Advertiser: _______________________________________________________________________________ Requestor Name/Title: _____________________________________________________________________ Billing Address: ____________________________________________________________________________ City/State/Zip: _____________________________________________________________________________ Phone: ________________________ Fax: ______________________ Email: ___________________________ Ad Specifications A FP non-bleed ad is 5.25” x 8.5” A HP non-bleed ad is 2.5” x 4.25” horizontal Flyer ad is 8” x 2.5” horizontal Kids News is 8” x 2.5” horizontal Digital File Specifications • Digital files must be submitted on a CD along with a color proof or match print. • Acceptable formats are: Hi Res PDF or JPG. • All fonts must be included or we will substitute at our discretion. Publication Size Rate Additional Info. Brochure-Spring Brochure-Summer Brochure-Fall Brochure-Winter Kids’ News Camp Flyer Display Space The Gardens Experience: Inside Back Cover (Full Page): $325 b/w $425 color Full Page: $250 b/w $325 color Half Page (horizontal): $125 b/w $175 color Kids’ News: Flyer ad: $100 Summer Camp: Flyer ad: $50 wk Entire Summer (sole sponsor): $450 Advertising Opportunities -The Gardens Experience: Brochure produced quarterly and sent out to 30,000 homes, parks, and local venues. -Kids’ News: Two-sided flyer distributed to local schools 3-4 times per school year. -Summer Camp: One-sided flyer distributed to 700 children weekly during the summer. City of Miami Gardens Parks & Recreation Department Telephone: 305-622-8080 Fax: 305-622-6450 *Ads must be paid in full during order form submittal* Page 34 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: General Fund‐Parks & Recreation Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Dr. Danny Crew, City Manager Department: Parks and Recreation Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PRODUCE THE FIFTH ANNUAL YOUTH INVITATIONAL BASKETBALL TOURNAMENT TO BE HELD IN APRIL 2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens Parks and Recreation Department acknowledges that are several talented youth basketball teams in and and around the City of Miami Gardens. The Department believes it has an obligation to cultivate, encourage, and support these athletes and their coaches. To showcase these talents, the Department offers an annual youth basketball tournament for children ages 10‐16. Current Situation Miami Gardens Parks and Recreation wishes to host its fifth annual two‐day tournament complete with food, trophies, t‐shirts and giveaways for the participants and coaches. The event will be held on April 2nd & 3rd at Miami Carol City High School and will be free of charge to the public. The budget for the this 5th Annual Youth Invitational Basketball Tournament will be $8,000, which is currently earmarked in the ITEM J-4) CONSENT AGENDA RESOLUTION Fifth Annual Youth Basketball Tournament Page 35 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 “Park Sponsored Events” line item in the Department’s operational budget for the current fiscal year. In addition, State Representative Oscar Braynon has pledged a title sponsorship of $2,000. Sponsorship opportunities will also be available for community partners and business. The title of the event is proposed to be “The City of Miami Gardens and State Representative Oscar Braynon II present the 5th annual youth invitational basketball tournament.” Proposed Action: It is recommended that the City Council adopt the attached resolution, authorizing the City Manager to take any and all steps necessary to produce and implement the 5th Annual Youth Invitational Basketball Tournament in April 2010. Attachment: Page 36 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO PRODUCE THE FIFTH ANNUAL YOUTH INVITATIONAL BASKETBALL TOURNAMENT TO BE HELD IN APRIL 2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens Parks and Recreation Department would like to host its Fifth Annual Youth Invitational Basketball Tournament in April 2010, and WHEREAS, it will be a two (2) day event, complete with food, trophies, t-shirts and giveaways for the participants and coaches, and WHEREAS, the event will be held on April 2nd and 3rd at Miami Carol City High School and will be free of charge to the public, and WHEREAS, the total budgeted amount of the event is Eight Thousand Dollars ($8,000.00) which is currently earmarked in the “Park Sponsored Events” line item in the Department’s operational budget for the current fiscal year, and WHEREAS, State Representative, Oscar Braynon, has pledged a title sponsorship of Two Thousand Dollars ($2,000.00) for hosting the event, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to take any and all steps necessary to produce the Page 37 of 202 Fifth Annual Youth Invitational Basketball Tournament to be held on April 2rd and 3rd at Miami Carol City High School. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 33 Mayor Shirley Gibson (Yes) ___(No) 34 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 35 Councilman Melvin L. Bratton (Yes) ___(No) 36 Councilman Aaron Campbell (Yes) ___(No) 37 Councilwoman Barbara Watson (Yes) ___(No) 38 Councilwoman Sharon Pritchett (Yes) ___(No) 39 Councilman André Williams (Yes) ___(No) Page 38 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: General FundDepartmental 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 City Manager Department: Building and Code Compliance Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH AARP WHICH IS ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO ESTABLISH THE CITY OF MIAMI GARDENS AS A HOST AGENCY FOR AARP VOLUNTEERS PARTICIPATING IN THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR FOR AN EFFECTIVE DATE. Staff Summary: Background The AARP Foundation offers a short‐term, work‐training program to prepare participants for unsubsidized employment. The name of the program is the Senior Community Service Employment Program (SCSEP). The purpose of SCSEP is to provide the participants with an opportunity to provide community service while preparing themselves for employment outside of the program. Host agencies sanctioned by the foundation essentially provide a place for these job‐seekers to prepare for unsubsidized work. Current Situation ITEM J-5) CONSENT AGENDA RESOLUTION AARP Volunteers Page 39 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Organziational leaders strive to create a culture that is caring, responsible and efficient. Creating a volunteer program is one of the ways organizations achieve this mission, particularly in the public sector. By supporting volunteerism, the City of Miami Gardens can supplement public service with free labor to promote community involvement, cultivate interagency partnerships and meet organizational goals. Ultimately, we can build a more productive community through volunteer efforts. The AARP Foundation instituted a program that would enable retirees to re‐enter the workforce by volunteering part‐time on a short‐term basis at locations deemed suitable as training grounds known as a Host Agency. The name of the program is the Senior Community Service Employment Program (SCSEP). Program participants contribute community services hours while further enhancing job skills that will enable them to seek unsubsidized employment. These participants are allowed to contribute their time Monday through Friday, and no more than 20 hours per week. Their wages are subsidized by AARP. However, due to federal regulations, the Host Agency may not use these volunteers to replace permanent employees. Currently, the Building and Code Compliance Department has plans utlize the talents of volunteers in the Building Services Division. The volunteers will be tasked with performing clerical functions that will facilitate organization of the permit files for digiting, retention, and destruction. In return, the volunteers will improve their verbal and written communication, people skills, time management, and other valuable abilities. Essentially, this skill set will make them more promotable in the competitive job market and the City becomes a training site for future seasoned volunteers. This agreement will allow for expansion of the program where the need exisits thourghtout the city. The Program has no significant fiscal impact on the budget other than covering the cost of the background checks. AARP Foundation subsidizes their wages. Proposed Action: The City Manager recommends that the City Council adopt the attached resolution to establish Miami Gardens as a Host Agency for AARP volunteers. Attachment: Attachment A: Host Agency Agreement. Page 40 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH AARP WHICH IS ATTACHED HERETO AS EXHIBIT “A;” AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO ESTABLISH THE CITY OF MIAMI GARDENS AS A HOST AGENCY FOR AARP VOLUNTEERS PARTICIPATING IN THE SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the AARP Foundation instituted a Program known as the Senior Community Service Employment Program (“SCSEP”), which enables retirees to re-enter the work force by volunteering part-time, on a short term basis, at Host Agencies, and WHEREAS, SCSEP participants contribute community service hours while enhancing job skills that will enable them to seek unsubsidized employment, and WHEREAS, the volunteers will be tasked with performing clerical functions, and in return, will improve their communication and time management skills, and WHEREAS, these skills will enhance their ability to compete in a competitive job market, and WHEREAS, the Program has no significant fiscal impact on the budget, other than the costs associated with conducting a background investigation, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 41 of 202 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Clerk to execute and attest, respectively, that certain Agreement with AARP attached hereto as Exhibit “A” and to take any and all steps necessary to establish the City of Miami Gardens as a Host Agency for AARP volunteers participating in the Senior Community Service Employment Program. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with the AARP Foundation, with one (1) to be maintained by the City, and one (1) to be delivered to the AARP Foundation. 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 FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY Page 42 of 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 15 Mayor Shirley Gibson (Yes) ___(No) 16 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 17 Councilman Melvin L. Bratton (Yes) ___(No) 18 Councilman Aaron Campbell (Yes) ___(No) 19 Councilwoman Barbara Watson (Yes) ___(No) 20 Councilwoman Sharon Pritchett (Yes) ___(No) 21 Councilman André Williams (Yes) ___(No) Page 43 of 202 Page 44 of 202 Page 45 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: Energy Efficiency and Conservation k Grant BG) Bloc (EEC 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: Capital Improvement Division 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 MUSCO SPORTS LIGHTING, LLC, IN THE AMOUNT OF $198,286.00 BY RELYING UPON THAT CERTAIN CLAY COUNTY FLORIDA BID 08/09‐3 FOR SPORTS LIGHTING EQUIPMENT AT MIAMI CAROL CITY PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Summary The attached resolution is requesting the authorization by City Council to issue a Purchase Order to Musco Sports Lighting, LLC in the amount of $198,286 for athletic sports lighting for the baseball and football fields at Miami Carol City Park. As a part of the overall park infrastructure improvements, an up‐grade to the existing inefficient sports lighting fixtures is important. The baseball field has existing out‐dated light fixtures that will be replaced by the more efficient Musco fixtures. Plans are to reuse existing light poles for the new installation. Currently the football field does not have permanent fixtures, so portable light fixtures have to be provided for night games and events. Staff has identified a qualified municipal contract that can be utilized for these services; the attached quote reflects the pricing utilizing the Clay County Bid 08/09‐3. Clay County competitively bid for “Various Equipment and Amenities for Parks and Playgrounds”, in which Musco Sports Lighting, LLC was awarded sports lighting. ITEM J-6) CONSENT AGENDA RESOLUTION P.O. to Musco Sports Lighting LLC Page 46 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The new proposed field lighting is reflective of the standardized design for all future park designs as per the Parks Master Plan, exhibiting L.E.E.D. (Leadership in Energy Design) elements, green principals and focused projection allowing minimal reflection into neighboring residences. Musco Sports Lighting has recently been installed at the football field for the Miami Gardens Community Center, at the tennis courts and pool at Norwood, and the basketball courts and the new tennis courts at Rolling Oaks Park. The City will utilize funds from the Energy Efficiency and Conservation Block Grant (EECBG), through the Recovery Act to fund this sports lighting project at Miami Carol City Park. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing the issuance of a purchase order for athletic sports lighting for Miami Carol City Park in accordance with the Clay County bid in the amount of $198,286 to Musco Sports Lighting, LLC. Attachment: Attachment A – Musco Lighting Price Quote dated February 5, 2010 Attachment B – Clay County Bid 08/09‐3 Attachment C – Miami Gardens Contract Page 47 of 202 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 MUSCO SPORTS LIGHTING, LLC, IN THE AMOUNT OF $198,286.00 BY RELYING UPON THAT CERTAIN CLAY COUNTY FLORIDA BID 08/09-3 FOR SPORTS LIGHTING EQUIPMENT AT MIAMI CAROL CITY PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary for the City to install lighting at the baseball and football fields at the Miami Carol City Park, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the Clay County Florida has awarded Bid Number 08/09-3 for sports lighting, to Musco Sports Lighting, LLC (“Musco”), and WHEREAS, the City of Miami Gardens would like to rely upon that certain Clay County Florida Bid Number 08/09-3 and award a bid in the amount of $198,286 to Musco, 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 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 for $198,286.00 to Musco Sports Lighting, LLC, for the purchase of sports lighting for the football and baseball fields at the Miami Carol City Park. Page 48 of 202 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: ________________________ _________ RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 43 Mayor Shirley Gibson (Yes) ___(No) 44 Vice-Mayor Oliver Gilbert, III (Yes) ___(No) 45 Councilman Melvin L. Bratton (Yes) ___(No) 46 Councilman Aaron Campbell (Yes) ___(No) 47 Councilwoman Barbara Watson (Yes) ___(No) 48 Councilwoman Sharon Pritchett (Yes) ___(No) 49 Councilman André Williams (Yes) ___(No) 50 51 Page 49 of 202 2009 Musco Sports Lighting, LLC 1 SD-2565-1 Miami Carol City Park Miami Gardens, Florida Clay County Sports Lighting Contract RFO #08/09-3 Date: February 5, 2010 To: Brandan DeCaro Quotation Price – Materials Only with Electrical Engineering – Football & Baseball Field Musco’s Light Structure Green™ as described below and delivered to the job site…………………………………..…………………….$198,286. Equipment Description Light Structure Green™ System delivered to your site in Five Easy Pieces™ · Pre-cast concrete bases · Galvanized steel poles · UL Listed remote electrical component enclosures · Pole length wire harness · Factory-aimed and assembled luminaires Also Includes: · Energy savings of more than 50% over a standard lighting system · 50% less spill and glare light than Musco’s prior industry leading technology · Musco Constant 25™ warranty and maintenance program that eliminates 100% of your maintenance costs for 25 years, including labor and materials · Guaranteed constant light levels for 25 years, +/-10% per IESNA RP-06-01 as follows: o Baseball Field – 50 footcandles infield and 30 footcandles outfield o Soccer/Football Field – 30 footcandles · Group re-lamps at the end of the lamps’ rated life as follows: o Baseball Field – 2 group relamps at the end of the lamps rated life of 5000 hours o Soccer/Football Field – 3 group relamps at the end of the lamps rated life of 5000 hours o Area/Walkway Lighting – 3 group relamps at the end of the lamps rated life of 12,000 hours · Reduced energy consumption with an average of 126 kW per hour · Control Link® Control & Monitoring System for flexible control and solid management of your lighting system · Lighting Contactors sized for voltage/phasing at site · Electrical engineering services · The existing poles on the baseball field on this project were designed to withstand 110 mph winds under the ASCE 7-95 Building code with a class B exposure. The poles would need to be individually looked at to determine exact wind speed it could withstand. Please note, the EPA per pole has reduced. · Musco’s Constant 25 Warranty is contingent upon Musco’s inspection and approval of existing structure and electrical wiring. Page 50 of 202 2009 Musco Sports Lighting, LLC 2 SD-2565-1 Field Description Quantity Pricing Per Clay County Extended Price LSG FBC 110 exposure C 400 Hours of Operation Soccer Field -Light Structure 1 $97,078.00 $97,078.00 Baseball -Fixtures only 1 $65,228.00 $65,228.00 Controls/Monitoring 2 $7,475.00 $14,950.00 Walkway lighting 2 $2,990.00 $5,980.00 Electrical Engineering 1 $5,750.00 $5,750.00 Certified Foundation Designs 1 $1,150.00 $1,150.00 Freight Adder 1 $2,400.00 $2,400.00 Project Management 1 $5,750.00 $5,750.00 Total $198,286.00 Sales tax, labor, and unloading of the equipment is not included as part of this quote. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. Divulging technical or pricing information to competitive vendors will result in removal from the bid list. Payment Terms – to be decided between Musco Credit dept and City of Miami Gardens Late payment will be subject to service charges of 1 ½% per month (18% APR). Delivery to the job site from the time time of order, submittal approval, and confirmation of order details including voltage and phase, pole locations is approximately 30-45 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. Notes Quote is based on: · Shipment of entire project together to one location · Field sizes as follows: · Baseball – 60’/300’/300’/300 · Football/Soccer – 330’ x 195’ · Electrical system requirement sized for voltage/phasing at site · Structural code and wind speed = 2007 Florida Building Code, 146 MPH High Velocity Hurricane Zone · Confirmation of pole locations prior to production · The City of Miami Gardens assumes all responsibility for structural integrity of existing poles. Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions. Jason Frucht Sales Representative Musco Sports Lighting, LLC 1250 South Pine Island Road Suite 355 Plantation, Florida 33324-3903 Phone: 956.732.5674 E-mail: Jason.frucht@musco.com Fax: 800.374.6402 Page 51 of 202 Page 52 of 202 Page 53 of 202 Presented to: Clay County Sports Lighting Contract RFP # 08/09-3 Green Cove Springs, Florida Submitted by: Musco Sports Lighting, LLC 2107 Stewart Road Muscatine, Iowa 52761 Phone: 563/263-2281 Toll Free: 800/756-1205 Fax: 800/374-6402 LSG Spec -Revision Level: 1 © 2005 Musco Lighting, LLC This information is provided by Musco exclusively for this project. Reproduction or distribution of the enclosed documents or information without the written permission of Musco Lighting, LLC is prohibited. Page 54 of 202 Table of Contents Clay County RFP # 08/09-3 Sports Lighting Contract Green Cove Springs, FL A. BID FORMS Bid Documents Subcontractor List Warranties B. BID PRICING C. FORMS W-9 Certificate of Insurance Page 55 of 202 16 Bid Form Price Agreement Contract For Park and Playground Equipment Bid No. 08/09-3 Bidder: Address: City, State and Z ip: Phone: Email: Contact Name(s): Signature of Bidder MANUFACTURER CATALOGS: Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Manufacturer: Fixed Percentage Discount off MSRP: Installation (Fixed Percentage of cost after discounts of equipment): Page 56 of 202 17 SUB-CONTRACTOR EQUIPMENT INSTALLERS: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Business Name: Address: Phone Number: Contact Name: Note: Attach vendor/manufacturer WRITTEN CERTIFICATION (s) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Failure to comply with this provision may result in rejection of bid. Page 57 of 202 18 WARRANTY INFORMATION FORM MAKE AND MODEL OF EQUIPMENT PROPOSED: Is there a warranty on the equipment proposed? Yes No Does the warranty apply to ALL components or only part? (State Explicitly) Parts Warranty Period: Service Warranty Period: Nearest source for parts and/or service center (s): Name, address and phone number of the authorized service center (s): 1) 2) 3) Name, address and phone number of the authority issuing this warranty: (Manufacturer, Distributor, etc.) COPY OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: Yes No Name of Bidder: Signature Title Phone Number *Warranty period must meet or exceed the warranty conditions as stated in the specifications on the bid* Various Equipment and Amenities for Parks and Playgrounds Clay County Division of Parks, Recreation and Special Events Contract # Page 58 of 202 Subcontractors Musco Sports Lighting, LLC 100 1st Avenue West Oskaloosa, IA 52577 M Gay Constructors Mike Gay 11802 Industry Drive Jacksonville, FL 32226 904-714-4001 Davco Russ White/Pete Veins 4885 Park Ridge Boulevard Boynton Beach, FL 33426 561-732-3434 Southeast Electrical Contractors Timmy Carter 15888 County Road 108 Hilliard, FL 32046 904-879-4226 Electrical Contracting Service Charlie Floyd/Chuck Floyd 2375 West 77th Street Hialeah, FL 33016 305-556-0041 Florida Electric Contracting Services Inc. Rich Headley/Steve Siems 1491 SW 21st Avenue Ft. Lauderdale, FL 33355 954-587-6760 Cobblestone Electric Inc. Joe Stone 16171 Reiland Drive Istachatta, FL 34636 352-796-9000 Musco reserves the right to use other approved contractors, with the municipality’s approval. Page 59 of 202 © 2005, 2007 Musco Lighting 25-Year Product Assurance & Warranty Program Musco Constant 25 ™ W-200-6-S For 25 years, Musco Lighting will provide all materials and labor to maintain operation of your lighting system to original design criteria. Our products and services are guaranteed to perform on your project as follows: Light Average Constant Light™ levels of ____ footcandles are guaranteed through Musco’s Smart Lamp™ and service technology, within the Illumination Engineering Society of North America RP-6-01 standards of +/-10% of the design criteria. Musco will electronically monitor lamp operation and operating hours, and will group relamp at the end of the 5000 hour useful life. Initial lamps provided: 5000 hours Group lamp replacements #_____ x 5000 hours: _______ hours ______________ Maximum hours of lamp warranty and maintenance: _______ hours Individual lamp outages that occur during the lamp warranty and maintenance period stated above are repaired when the usage of any field is materially impacted. If actual usage exceeds _______hours, the customer will be required to purchase lamp replacements in order to maintain the warranty to the end of twenty-five years. Energy Consumption Energy consumption for your lighting system will average ____kW per hour, and will not exceed ____kW per hour at the maximum. Exhibit A provides a 25-year energy cost model based upon the customer provided utility rate and anticipated hours of usage. Changes in rates or usage will proportionately change the costs. Monitoring, Maintenance and Control Services Musco shall monitor the performance of your lighting system, including on/off status, hours of usage and lamp outages. If fixture outages that affect playability are detected, Musco will contact you and proactively dispatch technicians. On-off control of your lighting system is provided via an easy-to-use web site scheduling system, phone, fax or email. Our trained Control-Link Central™ staff is available toll-free 24/7. Regular usage reports will be sent to you and are are always available on Control-Link Central’s web site. Spill Light Control Spill light readings at identified locations are guaranteed to be controlled to the values provided in Musco’s design documents for your project, shown in Exhibit B. Readings shall be within the Illumination Engineering Society of North America RP-6-01 standards of +/-10% of the design criteria. Structural Integrity Your project has been designed to ___________________(code reference). Structural integrity of equipment manufactured by Musco is guaranteed. Musco has a team of people to ensure fulfillment of our product and services warranty shown in Exhibit C and maintains specifically-funded financial reserves dedicated to support our fulfillment of this warranty. To further assure compliance, Musco will provide the Owner with this signed contract guaranteeing the comprehensive service for the 25-year period. See additional information on back page of warranty Page 60 of 202 M u s c o L i g h t i n g · 1 0 0 1 s t A v e n u e W e s t · O s k a l o o s a , I A 5 2 5 7 7 · 8 0 0 /8 2 5 -6 0 2 0 © 2005, 2007 Musco Lighting W-200-6-S 25-Year Product Assurance & Warranty Program Musco Constant 25 ™ Service under this Contract is provided by Musco Sports Lighting, LLC (“Musco”) or an authorized servicer approved by Musco. Services performed under this Contract shall consist of furnishing labor and parts necessary to restore the operation of the Covered Product(s) to original design criteria provided such service is necessitated by failure of the Covered Product(s) during normal usage. This Contract covers Product(s) consisting of Musco’s Green Generation Lighting™ with Control·Link® and any additional Musco manufactured product as listed above. “We”, “us” and “our” mean Musco. “You” and “your” mean the purchaser of the Covered Product(s). No one has the authority to change this Contract without the prior written approval of Musco. Musco shall not assume responsibility for their agents or assignees other than as described below. If there is a conflict between the terms of this Contract and information communicated either orally or in writing by one or more of our employees or agents, this Contract shall control. Additional Provisions 1. Availability of Service: Control-Link Central™ operators shall be available 24/7 via web site, phone, fax or email. Maintenance service specialists shall be available 8 AM to 5PM Central Time, and services shall be rendered during these same hours in your local time zone, Monday through Friday (with the exception of national holidays). Hours of operation are subject to change without notice to you. Musco will exercise all reasonable efforts to perform service under this Contract, but will not be responsible for delays or failure in performing such services caused by adverse weather conditions, acts of any government, failure of transportation, accidents, riots, war, labor actions or strikes or other causes beyond its control. 2. Determination of Repairs: Musco will utilize the field monitoring system and any information provided by the customer to determine when the usage of the field is materially impacted. From this information, Musco will determine needed repair and/or replacement of Covered Product(s) and parts. Repair will be with product(s) of like kind and quality. 3. Your Requirements Under this Contract: You must meet all electrical requirements as specified by the manufacturer. In addition, you promise and assure: full cooperation with Musco, Musco’s technicians and authorized servicers during telephone diagnosis and repair of the Covered Product(s); reasonable accessibility of the Covered Product(s); a non-threatening and safe environment for service. You agree to check fuses and to replace fuses as needed. Musco provides spare fuses and a fuse puller in the lowest alpha-numeric numbered enclosure. Musco will replenish spare fuses used. 4. Service Limitations -This Contract does not cover: Maintenance, repair or replacement necessitated by loss or or damage resulting from any external causes such as, but not limited to, theft, environmental conditions, negligence, misuse, abuse, improper electrical/power supply, unauthorized repairs by third parties, attachments, damage to cabinetry, equipment modifications, vandalism, animal or insect infestation, physical damage to Covered Products parts or components, failure of existing structures, supporting electrical systems or any non-Musco equipment, or acts of God/nature (including, but not limited to: earthquake, flood, tornadoes, typhoons, hurricanes or lightning). 5. Contract Limitations: a. EXCLUSIONS FROM COVERAGE: IN NO EVENT WILL MUSCO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH INCLUDE, BUT ARE NOT LIMITED TO, ANY DELAY IN RENDERING SERVICE OR LOSS OF USE DURING THE REPAIR PERIOD OF THE COVERED PRODUCT(S) OR WHILE OTHERWISE AWAITING PARTS. b. Limitation of Liability: To the extent permitted by applicable law, the liability of Musco, if any, for any allegedly defective Covered Product(s) or components shall be limited to repair or replacement of the Covered Product(s) or components at Musco’s option. THIS CONTRACT IS YOUR SOLE EXPRESS WARRANTY WITH RESPECT TO THE COVERED PRODUCT(S). ALL IMPLIED WARRANTIES WITH RESPECT TO THE COVERED PRODUCT(S) INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY EXCLUDED. c. Musco requires reasonable access for a crane or man lift equipment to service the lighting system. Musco will not be responsible for damage from operating the vehicle on the property when the equipment is operated in the prescribed manner over the designated access route. 6. Transfer and Assignment: You shall not have the right to assign or otherwise transfer your rights and obligations under this Contract except with the prior written consent of Musco provided, however, that a successor in interest by merger, operation of law, assignment or purchase or otherwise of your entire business shall acquire all of your interests under this Contract. 7. Governing Law: Unless otherwise governed by applicable state law, the Contract shall be interpreted and enforced according to the laws of the State of Iowa. 8. Subrogation: In the event Musco repairs or replaces any Covered Product(s), parts or components due to any defect for which the manufacturer or its agents or suppliers may be legally responsible, you agree to assign your rights of recovery to Musco. You will be reimbursed for any reasonable costs and expenses you may incur in connection with the assignment of your rights. You will be made whole before Musco retains any amounts it may recover. Signature: ___________________________________________ Vice President of Sales SAMPLE DOCUMENT Project Name: __________________________________________________________________ __________ Project Number: ____________________________ Product Covered: _____________________________________________________________________________________________________________________ Fixture Quantity: __________________ Lamp type:____________________________________ Number of Group Lamp Replacements: ___________________ Date Issued:______[Date of Shipment]_________Expiration:____ _____[Date]____________ or _______________________________ hours, whichever occurs first Page 61 of 202 ©2005 Musco Lighting · W10Y2 10 Year Warranty Equipment Musco warrants your lighting system (excluding fuses and lamps) to be free from defects in materials and workmanship for a period of ten years starting from the date of shipment. Two Years Labor — Musco agrees to provide labor and materials for a period of two years to replace defective parts or repair defects in workmanship or, at its election, to pay the reasonable cost of labor for such repairs. For the remainder of the warranty period, replacement materials will be provided at no charge. Labor costs will be the owner’s expense. Lamps Lamps are warranted not to fail for two years from the date of shipment. Lamps which fail during the first year of the warranty period will be replaced and installed at no cost to the owner. Lamps which fail during the second year of the warranty period will be replaced by the manufacturer, but installation will be the owner’s responsibility. Lamps damaged by physical trauma or electrical surges are not covered by this this warranty. Alignment Musco warrants accurate alignment of the luminaires on the luminaire assembly for a period of ten years starting from the date of shipment. Limitations The following are not covered by this warranty: • Fuses • Weather condition events such as lightning or hail damage • Improper installation, vandalism or abuse • Unauthorized repairs or alterations Repair and/or replacement are the complete warranty and constitute the exclusive remedy. Page 62 oWf a2r0ra2nty Clay County Spec r3.doc Created on 11/1 25/2008 10:15:00 AM Clay County Sports Lighting Bid Sheet Manufacturer: Musco Sports Lighting, LLC. Address: 2107 Stewart Road City, State, Zip Code: Muscatine, IA 52761 Contacts: Danny Sheldon Email: danny.sheldon@musco,com Phone #: 352/665-0578 Fax #: 800/374-6402 Bob DeCouto Email: bob.decouto@musco.com Phone#: 352/243-9999 Fax #: 800/374-6402 Fed. ID #: 42-1511754 Delivery: 4-6 weeks F.O.B. Destination MUSCO LIGHTING PRICING -All prices are delivered to the job site – Terms: Net 30 days upon delivery For installed packages, 25% down payment is requested. BASE BID LIGHTING EQUIPMENT DESCRIPTION LIGHT-STRUCTURE GREEN™ SYSTEM (LSG) Equipment Pricing includes: Precast Concrete Bases, Galvanized Steel Poles, Fixtures, Pole Top Luminaire Assemblies, Electrical Component Enclosures, and Wire Harnesses. WARRANTY AND GUARANTEE (LSG)* 25-Year Warranty: Manufacturer shall supply a signed warranty covering the entire system for 25 years. Warranty shall guarantee light levels; levels; lamp replacements; system energy consumption; monitoring, maintenance and control services, spill light control, and structural integrity. Manufacturer shall maintain specifically-funded financial reserves to assure fulfillment of the warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. *All warranty and maintenance agreements on all facilities except tennis/roller hockey are based upon 400 hours or less on annual usage. The tennis, roller hockey, skate park and outdoor basketball courts warranty and maintenance agreement is based upon 1000 hours or less of annual usage. If annual usage exceeds the hours noted above, an extension of the warranty/maintenance agreement will be negotiated with the manufacturer on a project by project basis. SPORTSCLUSTER GREEN™ SYSTEM (SCG) Equipment Pricing includes: Fixtures, Luminaire Assemblies, Electrical Component Enclosures, and Wire Harnesses. WARRANTY AND GUARANTEE (SCG) 10-Year Warranty: Manufacturer shall supply a signed warranty covering the entire system, excluding fuses and lamps, for 10 years from the date of shipment. Labor shall be included for 2 years. Lamps shall be warranted for 2 years for parts, and 1 year for labor. Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. LIGHT-PAK SYSTEM™ Equipment Pricing includes: Luminaire Assemblies, Electrical Component Enclosures. WARRANTY AND GUARANTEE (LIGHT-PAK) 10-Year Warranty: Manufacturer shall supply a signed warranty covering the entire system, excluding fuses and lamps, for 10 years from the date of shipment. Labor shall be included for 2 years. Lamps shall be warranted for 2 years for parts, and 1 year for labor. Page 63 of 202 Clay County Spec r3.doc Created on 11/2 25/2008 10:15:00 AM Warranty may exclude fuses, storm damage, vandalism, abuse and unauthorized repairs or alterations. Section I -Musco Lighting Price List Note: For field sizes and pole locations not covered below, use fixture and pole adjustments found in Adders section of the bid page. Manufacturer shall provide design for actual field, plus the design of the field that most closely relates to actual field, for comparative purposes. Tennis – Standard pole locations are 6’ beyond the serving line and 3’ outside the fence. Pricing and pole sizing for tennis courts are also applicable to roller hockey and skate parks. Size Light Level LSG 110 FBC 2004 w/06 Supplement Price SCG Price 2 Ct 50 fc $48,547 $20,625 3 Ct 50 fc $62,733 $33,263 4 Ct 50 fc $83,258 $45,982 Outdoor Basketball – Standard pole locations are 15’ outside the fence on the center line . Size Light Level LSG 110 FBC 2004 w/06 Supplement Price SCG Price 1 Ct 40 fc $27,037 $11,847 2 Ct 40 fc $35,716 $17,278 Light-Pak Fixtures Light-Pak Price 8 $7,805 12 $10,107 Baseball (90’ Base path) – Standard A-pole locations are 50’ down line and 55’ off for a 90’ base path. Standard B-pole locations are 5’ beyond the outfield radius and 10’ off the foul line for a 4-pole design and are at a distance down the line of ((Foul Line + Basepath)/2x0.5) and 40’ off the foul line for a 6-pole and 8-pole design. Standard C-pole locations are 5’ beyond the outfield radius at an angle of 20 degrees from the foul line for a 6-pole design and 10 degrees from the foul line for an 8–pole design. Standard D-pole locations are 5’ beyond the outfield radius at an angle of 30 degrees from the foul line for an 8-pole design. Size Light Level LSG 110 FBC 2004 w/06 Supplement Price SCG Price 300’ 50/30 fc $130,695 $72,151 300’ 70/50 fc $189,987 $112,307 350’ 50/30 fc $157,213 $88,779 350‘ 70/50 fc $245,355 $140,690 330’/400’/330’ 50/30 fc $166,622 $91,241 330’/400’/330’ 70/50 fc $269,642 $152,902 320’/360’/320’ 50/30 fc $157,041 $84,593 320’/360’/320’ 70/50 fc $248,851 $141,682 Softball/T-Ball (60’ Base path) -Standard A-pole locations are 35’ down line and 40’ off for a 60’ base path. Standard B-pole locations are 5’ beyond the outfield radius and 10’ off the foul line for a 4-pole design Page 64 of 202 Clay County Spec r3.doc Created on 11/3 25/2008 10:15:00 AM and are at a distance down the line of ((Foul Line + Basepath)/2x0.5) and 40’ off the foul line for a 6-pole and 8-pole design. Standard C-pole locations are 5’ beyond the outfield radius at an angle of 20 degrees from the foul line for a 6-pole design and 10 degrees from the foul line for an 8–pole design. Standard Dpole locations are 5’ beyond the outfield radius at an angle of 30 degrees from the foul line for an 8-pole design. Size Light Level LSG 110 FBC 2004 w/06 Supplement Price SCG Price 150’ 30 fc $42,832 $22,160 175’ 50/30 fc $59,765 $30,897 185’ 50/30 fc $65,123 $34,251 200’ 50/30 fc $79,740 $39,397 200’ 70/50 fc $93,465 $51,138 225’ 50/30 fc $86,187 $44,252 225’ 70/50 fc $104,235 $58,023 250’ 50/30 fc $91,249 $49,108 250’ 70/50 fc $137,593 $81,802 275’ 50/30 fc $102,191 $56,040 275’ 70/50 fc $154,773 $95,588 300’ 50/30 fc $117,435 $65,228 300’ 70/50 fc $179,099 $105,548 320’ 50/30 fc $129,519 $72,230 320 70/50 fc $192,278 $119,595 Soccer – Standard pole locations for a 4-pole design would be located at a distance of (Field Length/2 – ((Field Width/2 + Setback) x 0.40)) from the center line, with setbacks from the field as given above. Standard outside pole locations for a 6-pole design would be located at a distance of (Field Length/2 – ((Field Width/2 + Setback) x 0.28) from the center line, with setbacks from the field as given below. Size Light Level Setback LSG 110 FBC 2004 w/06 Supplement Price SCG Price 330’x160’ 30 fc 30’ $69,700 $38,638 330’x160’ 50 fc $113,807 $71,598 330’x180’ 30 fc 30’ $90,067 $50,713 330’x180’ 50 fc $124,839 $81,308 330’x210’ 30 fc 30’ $97,078 $55,897 330’x210’ 50 fc $136,895 $86,316 330’x225’ 30 fc 30’ $103,745 $60,530 330’x225’ 50 fc $143,936 $90,391 360’x160’ 30 fc 30’ $90,412 $50,804 360’x160’ 50 fc $136,895 $86,316 360’x180’ 30 fc 30’ $90,412 $50,804 360’x180’ 50 fc $136,895 $86,316 360’x210’ 30 fc 30’ $103,745 $60,530 360’x210’ 50 fc $143,936 $90,391 360’x225’ 30 fc 30’ $109,862 $64,826 360’x225’ 50 fc $152,995 $100,117 360’x240’’ 30 fc 30’ $109,862 $64,826 360’x240’ 50 fc $160,326 $104,981 Page 65 of 202 Clay County Spec r3.doc Created on 11/4 25/2008 10:15:00 AM Football – Standard pole locations are located at the 15 yard line, with setbacks from the field as given below. Size Light Level Set-back LSG 110 FBC 2004 w/06 Supplement Price SCG Price No track 30 fc 60’ $90,412 $50,804 No track 50 fc $140,416 $88,353 No track 100 fc $251,144 $175,219 No track 30 fc 80’ $103,681 $60,498 No track 50 fc $161,322 $90,327 No track 100 fc $276,730 $185,372 No track 30 fc 100’ $130,275 $62,615 No track 50 fc $173,778 $98,020 No track 100 fc $312,314 $202,604 No track 30 fc 120’ $152,974 $72,496 No track 50 fc $219,322 $112,854 No track 100 fc $364,159 $226,050 Section II – Adders/Deducts A. Florida Building Code, 2004 edition with 2006 supplement for public schools will add up to 15% to the price of the job. B. Purchase of additional lighting for security, special areas, or replacing lights on existing poles and non-standard field sizes or pole locations. $ 2,990 per fixture C. Control and Monitoring Adder for SCG $7,475 per unit D. Additional Control & Monitoring units necessary due to additional electrical services. (Base price includes one unit per project) $5,000 per unit E. Osprey Nest Platforms $2,875 each F. Adder for additional spill and glare control $3,335 per pole G. Freight adder/deduct based off base bid of 1,195 miles $0.15 per fixture/per mile Section III – Labor Costs A. Pole Installation (price per pole) Pole Height LSG 110 FBC 2004 w/06 Supplement 40’ $2,785 50’ $3,035 60’ $3,290 70’ $3,795 80’ $4,430 Page 66 of 202 Clay County Spec r3.doc Created on 11/5 25/2008 10:15:00 AM 90’ $5,450 100’ $7,085 110’ $12,150 B. Removal of Existing Poles or Structures $4,600 per pole C. Installation of Fixtures on Existing Poles $5,175 per pole Section IV – Electrical Costs A. Service Options Option A – 200 Amp Service (Section IV, A, 1) $11,040 each Option B – 400 Amp Service (Section IV, A, 1) $15,985 each Option C – 600 Amp Service(Section IV, A, 1) $22,425 each B. Conduit, Pull Boxes and Conductors 1. Wiring from Panel to Contactors a. Connect wiring from one 3 pole, 30 amp breaker to one 3 pole, 30 amp contactor using 3-#6 conductors, max distance of 10 feet $ 90 each b. Connect wiring from one 3 pole, 60 amp breaker to one 3 pole, 60 amp contactor using 3-#4 conductors, max distance of 10 feet $100 each 2. Wiring from Contactors to Poles a. 2 ½” PVC with (4) 3/0 $ 34 per foot b. 4” PVC with (4) 500mcm $ 65 per foot c. (2) 4” PVC with (4) 300mcm $ 85 per foot d. 2” PVC with (4) #1 THWN conductors $ 26 per foot 3. Pull Boxes a. Brooks 38T pull box with 8” x 8” x 6” PVC box $ 460 each Inside b. Connect 4-#1 conductors from pull box to sports lighting pole, maximum distance of 10 feet $ 110 each C. Lightning Protection 1. Surge Arrestor – protection at remote electrical enclosure $ 1,035 each 2. Surge Arrestor – protection on line side of panel $ 8,625 each Section V – Engineered Plans A. Electrical Engineering Drawings, sealed by P.E. 3. Adder for 200 amp service $ 5,750 each 4. Adder for 400 amp service $ 8,625 each Page 67 of 202 Clay County Spec r3.doc Created on 11/6 25/2008 10:15:00 AM 5. Adder for 600 amp service $13,800 each B. Structural Engineering Drawings, sealed by P.E. 1. Foundation and pole plans based on assumed soils $1,150 per project 2. Foundation and pole plans based on geotech report $2,875 per project C. Geotech report $8,625 per project D. Bonding (over $200,000) $1,785 per $100,000 E. Site survey $2,875 per project F. Project management $5,750 per project Section VI -Yearly Adjustments A. During the term of this contract, technical upgrades to these products may periodically become available and will be offered to the owner. Musco reserves the right to supply upgraded technology provided it maintains the on-field lighting performance, enhances benefits and does not exceed the prices bid when applied to a project application under the current contract provisions. B. During the term of this contract if the state of Florida Building Codes/Wind speeds change, Musco reserves the right to adjust pricing accordingly. I. SPORTS LIGHTING – LIGHT-STRUCTURE GREEN™ SYSTEM A. BASE BID LIGHTING EQUIPMENT The primary goals of this sports lighting specification are: 1. Life Cycle Costs: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. All maintenance costs shall be eliminated, and the fields should be proactively monitored to detect fixture outages over a 25 year life cycle. To allow for optimized use of labor resources and avoid unneeded operation of the facility, customer requires a remote on/off control system for the lighting system. 2. Environmental Light Control: It is the primary goal of this project to minimize spill light and glare. 3. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players and the enjoyment of spectators. Therefore the lighting system shall be designed such that the light levels are guaranteed for a period of 25 years. B. LIGHTING PERFORMANCE /PLAYABILITY The manufacturer shall supply lighting equipment to meet the following performance and life cycle cost criteria: 1. Playing surfaces shall be lit to an average constant light level and uniformity as specified per the bid sheet. Light levels shall be held constant for 5000 hours. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified on the bid sheet. Measured average illumination level shall be +/-10% of predicted mean in accordance with IESNA RP-6-01, and measured at the first 100 hours of operation. Page 68 of 202 Clay County Spec r3.doc Created on 11/7 25/2008 10:15:00 AM 2. Manufacturer shall provide computer models guaranteeing light levels on the field for 25 years with a recoverable light loss factor of .7 in all applications. C. LIFE CYCLE COST 1. Energy Consumption: The kWh consumption for the field lighting system shall be calculated by the following criteria: # luminaries x kw demand x kw rate of .22/hr x annual usage of 400 hours x 25 years. Tennis courts, skate parks, roller hockey and outdoor basketball courts will be based on an annual usage of 1,000 hours. 2. Complete Lamp Replacement: Manufacturer shall include the appropriate number of group lamp replacements to be completed at end of each 5000 hours of operation. For the purpose of the bid, it is assumed that the field(s) will be operated 400 hours per year or 10,000 hours during a 25 year period. Manufacturer shall warrant the system to meet designed light levels upon completion of these relamps. 3. Preventative and Spot Maintenance: Manufacturer shall provide all preventative and spot maintenance, including parts and labor for 25 years on the system from the date of equipment delivery. Lamp outages shall be repaired when they materially impact the usage of any field. Owner agrees to check fuses and maintain as necessary in the event of a fixture outage prior to calling the manufacturer. 4. Remote Monitoring System: System shall monitor lighting performance and notify manufacturer if individual luminaire outage is detected so that appropriate maintenance can be scheduled. The manufacturer shall notify the owner of outages within 24 hours, or the next business day. The controller shall determine switch position (Manual or Auto) and contactor status (open or closed). 5. Remote Lighting Control System: System shall include lighting contactors. System shall allow owner and users with a security code to schedule on/off system operation via a web site, phone, fax or email up to ten years in advance. Manufacturer shall provide and maintain a twoway TCP/IP communication link. Trained staff shall be available 24/7 to provide scheduling support and assist with reporting needs. The owner may assign various security levels using a user code and password to schedulers by function and/or fields. This function must be flexible to allow a range of privileges such as full scheduling capabilities for all fields, to only having permission to execute “early off” commands by phone or extend the field usage. On site equipment shall include Manual Off-On-Auto Switches to allow for maintenance, and shall accept and store 7-day schedules. The controller shall be protected against power outages /memory loss and shall reboot once power is regained and execute any commands that would have occurred during outage. 6. Management Tools: Manufacturer shall make available a web-based database of actual field usage and provide reports by facility and user group. 7. Communication Costs: Manufacturer shall include communication costs for operating the controls and monitoring system for a period of 25 years. II. SPORTS LIGHTING -SPORTSCLUSTER GREEN™ SYSTEM A. BASE BID LIGHTING EQUIPMENT The primary goals of this sports lighting specification are: 1. Life Cycle Costs: In order to reduce the operating budget, the preferred lighting system shall be energy efficient and cost effective to operate. Page 69 of 202 Clay County Spec r3.doc Created on 11/8 25/2008 10:15:00 AM 2. Environmental Light Control: It is the primary goal of this project to minimize spill light and glare. 3. Guaranteed Light Levels: Selection of appropriate light levels impact the safety of the players and the enjoyment of spectators. Therefore the lighting system shall be designed such that the light levels are guaranteed for a period of 10 years. B. LIGHTING PERFORMANCE /PLAYABILITY The manufacturer shall supply lighting equipment to meet the following performance and life cycle cost criteria: 1. Playing surfaces shall be lit to an average constant light level and uniformity as specified per the bid sheet. Light levels shall be held constant for 5000 hours. Lighting calculations shall be developed and field measurements taken on the grid spacing with the minimum number of grid points specified on the bid sheet. Measured average illumination level shall be +/-10% of predicted mean in accordance with IESNA RP-6-01, and measured at the first 100 hours of operation. 2. Manufacturer shall provide computer models guaranteeing light levels on the field for 10 years with a recoverable light loss factor of .7 in all applications. C. LIFE CYCLE COST 1. Energy Consumption: The average kWh consumption shall be calculated by the following criteria: # luminaries x kw demand x kw rate of .22/hr x annual usage of 400 hours x 25 years. Tennis courts, skate parks, roller hockey and outdoor basketball courts will be based on an annual usage of 1,000 hours. III. LIGHTING SYSTEM CONSTRUCTION A. SYSTEM DESCRIPTION Lighting system shall consist of the following: 1. Galvanized steel poles and crossarm assembly (LSG Only) 2. Pre-stressed concrete base embedded in concrete backfill (LSG Only) 3. All luminaires shall be constructed with a die-cast aluminum housing to protect the luminaire reflector system. 4. Luminaire, visor, and crossarm shall withstand 150 mph winds and maintain luminaire aiming alignment. 5. Manufacturer will remote all ballasts and supporting electrical equipment in aluminum enclosures mounted approximately 10’ above grade. The enclosures shall include ballast, capacitor and fusing for each luminaire. Safety disconnect per circuit for each pole structure will be located in the enclosure. 6. Wire harness complete with an abrasion protection sleeve, strain relief and plug-in connections for fast, trouble free installation. 7. Controls and Monitoring Cabinet to provide on-off control and monitoring of the lighting system, constructed of NEMA Type 4 aluminum. Communication method shall be provided by manufacturer. Cabinet shall contain custom configured contactor modules for 30, 60, and 100 amps, labeled to match field diagrams and electrical design. Manual Off-On-Auto selector switches shall be provided. (Standard LSG/Optional SCG) B. MANUFACTURING REQUIREMENTS All components shall be designed and manufactured as a system. All luminaires, wire harnesses, ballast and other enclosures shall be factory assembled, aimed, wired and tested. Page 70 of 202 Clay County Spec r3.doc Created on 11/9 25/2008 10:15:00 AM C. DURABILITY All exposed components shall be constructed of corrosion resistant material and/or coated to help prevent corrosion. All exposed steel shall be hot dip galvanized per ASTM A123. All exposed hardware and fasteners shall be stainless steel of at least 18-8 grade, passivated and polymer coated to prevent possible galvanic corrosion to adjoining metals. All exposed aluminum shall be powder coated with high performance polyester. All exterior reflective inserts shall be anodized, coated with a clear, high gloss, durable fluorocarbon, and protected from direct environmental exposure to prevent reflective degradation or corrosion. All wiring shall be enclosed within the crossarms, pole, or electrical components enclosure. D. LIGHTNING PROTECTION All structures shall be equipped with lightning protection meeting NFPA 780 standards. Contractor shall supply and install a ground rod of not less than 5/8” in diameter and 8’ in length, with a minimum of 10’ embedment. Ground rod should be connected to the structure by a copper main down conductor with a minimum size of #2 for poles with less than 75’ mounting height and 2/0 for poles with more than 75’ mounting height. E. SAFETY All system components shall be UL Listed for the appropriate application. F. ELECTRIC POWER REQUIREMENTS FOR SPORTS LIGHTING EQUIPMENT Maximum total voltage drop to the disconnect switch located on the poles shall not exceed 3 percent of rated voltage. 1. Voltage/Phase to be determined for each specific site. IV. DELIVERY TIMING The equipment must be on site 4-6 weeks from the receipt of approved submittals and receipt of complete order information. V. STRUCTURAL PARAMETERS A. BUILDING CODE The base bid of the lighting system must comply with Florida Building Code Edition 2004, w/2006 supplement, 110 mph. Second option is Florida Building Code Edition 2004 w/2006 supplement, 140 mph. B. STRUCTURAL DESIGN The stress analysis and safety factor of the poles shall conform to AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals. C. SOIL CONDITIONS The design criteria for these specifications are based on soil design parameters as outlined in the geotechnical report. If a geotechnical report is not provided by the owner, the foundation design shall be based on soils that meet or exceed those of a Class 5 material as defined by 2004 FBC, Table 1804.2. D. FOUNDATION DRAWINGS Project specific foundation drawings stamped by a registered engineer in the state where the project is located are required. The foundation drawings must list the moment, shear (horizontal) force, and axial (vertical) force at ground level for each pole. These drawings must be submitted within 14 days of purchase. VI. FIELD QUALITY CONTROL A. ILLUMINATION MEASUREMENTS Upon substantial completion of the project and in the presence of the Contractor, Project Engineer, Owner's Representative, and Manufacturer's Representative, illumination measurements shall be taken taken and verified. The illumination measurements shall be conducted in accordance with IESNA Page 71 of 202 Clay County Spec r3.doc Created on 11/10 25/2008 10:15:00 AM RP-6-01, Appendix B. VII. POLE CONSTRUCTION, POLE REMOVAL, AND RELIGHT A. POLE INSTALLATION Provide pricing for labor to install owner furnished poles & fixtures. Price will include unloading of the equipment upon arrival to job site, excavation of holes, assembly of the poles and luminaires, all wiring from the remote electrical enclosure to the luminaires, proper grounding, installation of the pre-stressed foundations with concrete backfill, pole erection and aiming. Installation assumes standard soils of 2000 psf with no rock or abnormal collapsing holes. B. REMOVAL OF EXISTING POLES OR STRUCTURES Provide pricing for labor to take down existing poles, structures and fixtures and remove them to a staging area on the job site designated by the owner. Concrete and steel poles will be completely removed. Poles will be cut at base – foundations will not be removed but cut and jack-hammered to a foot below grade. Wood poles may be cut off 2 feet below grade, as long as the stumps are covered back with soil. C. INSTALLATION OF FIXTURES ON EXISTING POLES Provide pricing for labor to take down existing fixtures and remove them to a staging area on the job site designated by the owner. The cost will also include labor to install the new fixtures on the existing structure. Installation assumes that the pole structure and wiring will be sufficient to handle the new fixtures. Owner assumes all responsibility of structural integrity of existing poles. D. OWNER AND BIDDER RESPONSIBILITIES 1. Owner’s Responsibilities: a. Total access to the site and pole locations for construction. Must be able to move from location to location on standard rubber tires – no towing required. b. Survey in pole locations, mark home plate, foul lines and field boundary lines. c. Removal of any trees, limbs, etc. for total access to pole locations. d. Removal and replacing of all fencing. e. Repair and replacement of any field turf, asphalt, and/or concrete damage. f. Locate existing underground utilities including irrigation systems. g. Pay for all permitting costs. h. Extra costs associated with foundation excavation and construction in non-standard soils (rock, caliche, high water table, collapsing holes, alluvial soils, etc.). Standard soils are defined as Class 5 soils in Table 1804.2 in the 2004 edition of the Florida Building Code and can be excavated using standard earth auguring equipment. i. Provide primary transformer to within 150’ of site. j. Provide a source for water (I.E. Fire Hydrant or 2” water line). k. Provide adequate trash container for cardboard waste. 2. Bidder’s Responsibilities: a. Provide required poles, fixtures, and foundations and associated designs. b. Provide structural design for poles and foundations, certified by a professional engineer licensed in the State. c. Provide layout of pole locations and aiming diagram. d. Provide light test upon owner supplied electrical system. e. Provide equipment and materials to off load equipment at jobsite per scheduled delivery. f. Secure required permits, owner to pay cost of permits. g. Provide equipment and materials to install poles and foundations as specified on layout. h. Provide and install ground rods (one per pole location) for lightning protection per NFPA 780 Code. Poles 70’ and below require a #2 ground wire. Poles 80’ and above require 2/0 ground wire. Ground rods to be 3/4”x10’ or 5/8”x8’ with a 10’ embedment. i. Provide materials and equipment to assemble fixtures. Page 72 of 202 Clay County Spec r3.doc Created on 11/11 25/2008 10:15:00 AM j. Provide equipment and materials to assemble and erect poles. k. Provide equipment and materials to remove spoils from jobsite. l. Provide bonding per State of Florida requirements VIII. ELECTRICAL SUPPLY LABOR/EQUIPMENT A. ELECTRICAL SERVICES All services are to be quoted at 277/480 volt three phase. Base all service feeders on a length of 150 feet at a burial depth of 36” with no obstructions in the path. Provide lump sum costs for equipment and labor to install each of the following three options: 1. Option A a. 200 amp three phase meter can b. 200 amp main circuit breaker N3R 42 circuit panel with 8 three pole 30 amp breakers. c. Service feeders. (4) 3/0 conductors in a 2 ½” raceway. 150’ d. Build Service Rack out of 2” galvanized pipe with galvanized uni-strut to accommodate meter can, electrical panel and one lighting contactor cabinet sized at 72” high, 36” wide and 12” deep. The lighting contactor will be provided by the sports lighting manufacturer and installed. e. Pull necessary permits 2. Option B a. 400 amp three phase meter can b. 400 amp main circuit breaker N3R 42 circuit panel with 8 three pole 60 amp breakers. c. Service feeders. (4) 500 mcm conductors in a 4” raceway. 150’ d. Build Service Rack out of 2” galvanized pipe with galvanized uni-strut to accommodate meter can, electrical panel and one lighting contactor cabinet sized at 72” high, 36” wide and 12” deep. The lighting contactor will be provided by the sports lighting manufacturer and installed. e. Pull necessary permits 3. Option C a. 600 amp three phase meter can b. 600 amp main circuit breaker N3R 42 circuit panel with 12 three pole 60 amp breakers. c. Service feeders. (2) 4” raceways with (4) 300 mcm conductors in a 4” raceway. 150’ d. Build Service Rack out of 3” galvanized pipe with galvanized uni-strut to accommodate meter can, electrical panel and one lighting contactor cabinet sized at 72” high, 36” wide and 12” deep. The lighting contactor will be provided by the the sports lighting manufacturer and installed. e. Pull necessary permits B. CONDUIT, PULL BOXES AND CONDUCTORS Provide equipment and labor to install conduit, pull boxes and conductors. All installations are to be in pvc schedule 40 pipe at a burial depth of 36” with twin conductors. C. LIGHTNING PROTECTION Surge Arrestors: UL labeled and rated for 277/480V, 3 phase, 4 wire, as manufactured by Erico (TDX-50) or equal and shall be attached to the bottom of the remote ballast enclosure and/or on line side of main electrical panel. Page 73 of 202 Page 74 of 202 CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE COVERAGES CERTIFICATE HOLDER CANCELLATION ACORD 25-S (7/97) Oc ACORD CORPORATION 1988 DATE (MM/DD/YY) PRODUCER INSURED INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY AUTOMOBILE LIABILITY GARAGE LIABILITY EXCESS LIABILITY WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ADDITIONAL INSURED; INSURER LETTER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN’L AGGREGATE LIMIT APPLIES PER: POLICY PROJECT LOC ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS ANY AUTO OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY: EA ACC AGG EACH OCCURRENCE AGGREGATE WC STATUTORY LIMITS OTHER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE -POLICY LIMIT $$$$$$$$$$$$$$$$$$$$$ ACORDTM 15,000 1-800-247-7756 PO Box 9207 10389107 2M5362509 2P5362509 2Z5362509 07/01/09 07/01/09 2S5362509 07/01/09 500,000 07/01/09 AA 07/01/09 07/01/09 X 1,000,000 1,000,000 P O Box 808 Purchasing Department Clay County Board of County Commissioners 1,000,000 Deductible Limit X USA 07/01/08 2C5362509 07/01/08 2D5362509 QK05501368 policy as their interests may appear. 07/01/08 County, Florida; and all public agencies of Clay County are included as Additional Insureds on the GL 1,000,000 07/01/08 Clay County, a political subdivision of the State of Florida; The Board of County Commissioners, Clay 07/01/08 RE: Clay County Piggyback 08-10, No. 138581 07/01/08 2E5362509 Oskaloosa, IA 52577 500,000 2,000,000 477 Houston Street 11/24/08 X X X 1,000,000 2,000,000 30 XXX Des Moines, IA 50306-9207 Attn: Karyl Thomas Musco Sports Lighting, LLC 07/01/09 ssteinbachwdsm 10,000 07/01/09 300,000 X BA X ACAA Employers Mutual Casualty Co. A-XII St. Paul Fire & Marine Insurance Company A XV Employers Mutual Casualty Co. A-XII Green Cove Springs, FL 32043 300,000 Leased/Rented Equipment Contractual Liab X Holmes Murphy & Assoc -WDM 07/01/08 07/01/08 500,000 Page 75 of 202 ACORD 25-S (7/97) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Page 76 of 202 AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC This Agreement is made this _____________ day of ____________ 2010, by and between City of Miami Gardens, (“CITY”) 1515 NW 167th Street, Suite 200, Miami Gardens, Florida 33169, and Musco Lighting, LLC, Inc. (“PROVIDER”) 1250 South Pine Island Road, Suite 355, Plantation, Florida 33324-3903, executed on _______________(“Contract”). WITNESSETH WHEREAS, the Board of County Commissioners Clay County, Florida competitively bid and awarded a Various Equipment and Amenities for Parks and Playgrounds Contract to PROVIDER for the furnishing of Musco Fixtures dated January 13,2009,for an original period of three years; and WHEREAS, PROVIDER agrees to allow the CITY to “piggy-back” on the Clay County Contract, NOW THEREFORE, in consideration of the monies herein described and for other good and valuable considerations, the legal sufficiency of which is hereby acknowledged, and the parties agree as follows: 1. The foregoing recitals are correct and incorporated into this Agreement. 2. The terms of that certain Clay County Contract, and all Contract Documents referenced , are hereby incorporated herein by reference. 3. All references in the Clay County Contract to “Clay County” shall be changed to “City of Miami Gardens”, with all notices given to the CITY at the following address: City of Miami Gardens Purchasing Department 1515 NW 167th Street Suite 200 1 Page 77 of 202 Miami Gardens, Florida 33169 4. This Agreement shall be effective until delivery and acceptance of sports light fixtures commencing upon the date of execution by both parties. 5. All terms and conditions of the Clay County Contract not amended by this Agreement shall remain in full force and effect. 6. In the event of any conflict or inconsistency between the provisions of the Clay County Contract, or the provisions of this Agreement, this Agreement shall prevail. 7. This Agreement shall be governed by the laws of the State of Florida, with venue lying in Miami-Dade County, Florida. 8. Should any dispute arise hereunder, the prevailing party shall be entitled to recover all costs, expenses and attorneys’ fees incurred in such dispute, whether or not suit be brought, and such right shall include all of such costs, expenses and attorneys’ fees through all appeals or other actions. 9. The Department of Energy – Buy American Clauses are attached and incorporated into this Contract. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year set forth below their respective signatures. CITY OF MIAMI GARDENS ________________________ ________________ Danny Crew, City Manager Date ATTEST: ____________________ City Clerk Ronetta Taylor, CMC Approved as to form and legal 2 Page 78 of 202 Sufficiency: ___________________________ Sonja K. Dickens, City Attorney MUSCO SPORTS LIGHTING, LLC. By: ___________________________ _________________________ Signature Date _________________________ __ Print name 3 Page 79 of 202 4 DEPARTMENT OF ENERGY – BUY AMERICAN CLAUSES 26. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS ‐‐SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) This award term is applicable to any Recovery Act funds for construction, alteration, maintenance, or repair of a public building or public work and the total project value is estimated less than $7,443,000. This award term also applies to all subgrants and contracts. a. Definitions. As used in this award term and condition‐‐(1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (i) Processed into a specific form and shape; or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi‐State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act) (Pub. L. 111‐‐5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in paragraph (b)(3) and (b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate "none"] (3) The award official may add other iron, steel, and/or manufactured goods to the list in paragraph (b)(2) of this section and condition if the Federal Government determines that‐‐Page 80 of 202 (i) The cost of the domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of Section 1605 of the Recovery Act . (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this section shall include adequate information for Federal Government valuation of the request, including— (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(3) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official 1 Page 81 of 202 shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Measure Quantity Cost (dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron , or manufactured good Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 27. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS (COVERED UNDER INTERNATIONAL AGREEMENTS)‐‐SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (MAY 2009) This award term is applicable to any Recovery Act funds for construction, alteration, maintenance, or repair of a public building or public work with a total project value over $7,443,000 that involves iron, steel, and/or manufactured goods materials covered under international agreements. This award term also applies to all subgrants and contracts. a. Definitions. As used in this award term and condition‐‐Designated country – (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, 2 Page 82 of 202 France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States‐European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. Designated country iron, steel, and/or manufactured goods – (1) Is wholly the growth, product, or manufacture of a designated country; or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. Domestic iron, steel, and/or manufactured good – (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. Foreign iron, steel, and/or manufactured good means iron, steel and/or manufactured good that is not domestic or designated country iron, steel, and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, 3 Page 83 of 202 territories, and minor outlying islands of the United States; State and local governments; and multi‐State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. Steel means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. b. Iron, steel, and manufactured goods. (1) The award term and condition described in this section implements‐‐(i) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Pub. L. 111‐‐5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (ii) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designated country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,000 or more. (2) The recipient shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs (b)(3) and (b)(4) of this section. (3) The requirement in paragraph (b)(2) of this section does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate "none"] (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this section if the Federal Government determines that‐‐(i) The cost of domestic iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (ii) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or 4 Page 84 of 202 (iii) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1) (i) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(4) of this section shall include adequate information for Federal Government evaluation of the request, including‐‐(A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this section. (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. If the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than 5 Page 85 of 202 6 designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. d. Data. To permit evaluation of requests under paragraph (b) of this section based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Measure Quantity Cost (dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron , or manufactured good Domestic steel, iron, or manufactured good List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. Page 86 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: Transportation Fund /America Recovery vestme Act RA) Rein (AR nt Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910016 LAP Roadway Improvement Projects 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, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH GENERAL ASPHALT COMPANY, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FIVE HUNDRED SEVENTY-FIVE THOUSAND, SIX HUNDRED AND EIGHTYTHREE DOLLARS AND 36/100 CENTS ($575,683.36) FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens received $2,516,740 in American Recovery and Reinvestment (ARRA) stimulus funds through the Florida Department of Transportation to improve city roads that are designated by Federal Highway Administration (FHWA) and designated as emergency roads (ER) by the ITEM J-7) CONSENT AGENDA RESOLUTION Agreement w/General Asphalt Company Inc. Page 87 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 US Department of Transportation. ARRA funds can only be used for road resurfacing, sidewalk repairs/installation, and guardrail repairs. Current Situation Of our three proposed projects, Florida Department of Transportation (FDOT) has given the City Notice to Proceed on two of the projects; Project A ($575,683.36) and Project C ($404,197.75), which is under a separate item on this evenings council agenda. Project A: ITB#09-10-016-LAP Roadway Improvements ARRA 431; ARRA434; ARRA337 (FDOT Project A: #426478-2, #426485-2, #426487-1) Areas to be completed: • NE 13/12th Avenue from NW 155 Dr. to NW 167 St.-Roadway/Sidewalk Improvements -#426478-2 • NW 175th St. from NW 27 Ave. to NW 12 Ave. – Roadway/Sidewalk Improvements -#426485-2 • NW 12 Ave. from NW 183 St. to NW 199 St/HONEY HILL – Roadway/Sidewalk Improvements -#426487-1 Specifications were prepared by City staff and our engineering consultant Craven and Thompson, for three LAP Roadway Improvement Projects which include resurfacing of roads, repairs and replacements of sidewalks; however, only two of the three projects were advertised. Bid #09-10-016 was advertised on December 10, 2009. A broadcast notice was sent to 565 vendors. Fifteen bid packages were requested. Bids were opened on January 12, 2010. There were eight bids received and publicly read. The apparent low bidder was General Asphalt Company Inc., located in Miami, Florida. Bids were evaluated for compliance with the specifications and their ability to perform the work. Staff checked references for past performances, finances, and insurances. All of the references were very favorable, the finances are fine, and insurance is sufficient. Once the staff completed their review, the tabulation was sent to Florida Department of Transportation (FDOT) for their review. FDOT concurred with staff’s findings. A copy of the proposal document and submittals are available at the assistant to the mayor and council’s office for review. Proposed Proposed Action: That City Council approve the attached resolution authorizing the City Manager to the contract for LAP Roadway Improvement Project A in the amount of $575,683.36 for ITB#09-10-016 to General Asphalt Company, Inc., located in Miami, Florida. Attachments: Attachment A – Contract Attachment B – Tabulation Sheets Page 88 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH GENERAL ASPHALT COMPANY, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FIVE HUNDRED SEVENTYFIVE THOUSAND, SIX HUNDRED AND EIGHTY-THREE DOLLARS AND 36/100 CENTS ($575,683.36) FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens was awarded American Recovery and Reinvestment (“ARRA”) stimulus funds through the Florida Department of Transportation to improve City roads designated by Federal Highway Administration (“FHWA”) and designated as emergency roads (“ER”) by the U. S. Department of Transportation, and WHEREAS, ARRA funds can only be used for road resurfacing, sidewalk repairs and installation, and guardrail repairs, and WHEREAS, City Staff prepared specifications for three (3) LAP Roadway Improvement Projects which include roadway and sidewalk improvements along NE 13th Avenue from NW 155th Drive to NW 167th Street, NW 175th Street from NW 27th Avenue to NW 12th Ave, and NW 12th Avenue from NW 183rd to NW 199th Street, and WHEREAS, Bid #09-10-016 was advertised on December 10, 2009, and WHEREAS, eight (8) bids were received for each project and publicly read, and WHEREAS, the apparent low bidder was General Asphalt Company, Inc., located in Miami, Florida, and Page 89 of 202 WHEREAS, bids were evaluated for compliance with the specifications and their ability to perform the work, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, City Staff checked references for past performances, finances and insurance, and WHEREAS, the result of the reference check was favorable, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Clerk to execute and attest, respectively, that certain Agreement with General Asphalt Company, Inc., attached hereto as Exhibit “A”, in the amount of Five Hundred Seventy-Five Thousand, Six Hundred and Eighty-Three Dollars and 36/100 Cents ($575,683.36) for LAP Roadway Improvement Projects. The City Manager is hereby authorized to take any and all steps necessary in order to fulfill the obligations under said Agreement. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with General Asphalt Company, Inc., with one (1) to the maintained by the City; and one (1) to be delivered to General Asphalt Company, Inc. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 90 of 202 1 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AT ITS REGULAR MEETING HELD ON FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 31 Mayor Shirley Gibson (Yes) ___(No) 32 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 33 Councilman Melvin L. Bratton (Yes) ___(No) 34 Councilman Aaron Campbell (Yes) ___(No) 35 Councilwoman Barbara Watson (Yes) ___(No) 36 Councilwoman Sharon Pritchett (Yes) ___(No) 37 Councilman André Williams (Yes) ___(No) Page 91 of 202 CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of this _______ day of ______________,20___, by and between General Asphalt Company, Inc., hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY. WITNESSETH, that whereas, the CITY has awarded to the CONTRACTOR the Work of performing certain construction: NOW, THEREFORE, the CITY and the CONTRACTOR, for consideration hereinafter named, agree as follows: ARTICLE 1 -CONTRACT DOCUMENTS 1.1 Enumeration of Contract Documents: The Contract Documents comprise the entire agreement between CITY and CONTRACTOR and consist of the following: (1) This Agreement and General Conditions (2) Construction performance bond. (3) Construction payment bond. (4) Insurance certificate(s). (5) Notice of Award and Notice to Proceed. (6) Invitation to Bid and the Specifications prepared by the CITY. (7) CONTRACTOR's Response to the CITY's Invitation to Bid No 09-10-016 dated January 12, 2010. The aforementioned documents are hereby incorporated herein by reference, and made a part hereof . Any amendments executed by the CITY and the CONTRACTOR shall become part of this Agreement. Documents not included in this Article do not, and shall not, form any part of this Agreement. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is established: a. Specific direction from the City Manager (or designee). b. This Agreement dated __________________ and any attachments. c. General Conditions d. ITB, Specifications including any drawings & plans e. Contractor’s Response 1.2 Conflict, Error or Discrepancy: If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before proceeding with the Work affected shall obtain a written interpretation or clarification from CITY. Page 92 of 202 1.3 Representation of CONTRACTOR: Execution of the Contract by the CONTRACTOR is a representation that CONTRACTOR has visited the Work site and is familiar with the local conditions under which the Work is to be performed. ARTICLE 2. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials, tools, equipment, labor, services, incidentals and everything necessary to perform; and shall perform, all of the Work, herein referred to as Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT ASSURANCE The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. ARTICLE 4. CONTRACT TIME 4.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRACTOR shall commence scheduling activities and permit applications within five (5) calendar days after receipt of the Notice of Award. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR’S submission to CITY of all required documents including, but not limited to: Performance and Payment Bonds, Insurance Certificates fully executed Contract. 4.1.1 The receipt of all necessary permits by CONTRACTOR and acceptance of the full construction schedule in accordance with general terms and conditions section, submittal schedule and schedule of values is a condition precedent to the issuance of the Notice to Proceed to mobilize on the Project site and commence with the Work. The CONTRACTOR shall submit all necessary documents required by this provision within fifteen (15) calendar days of the issuance of Notice of Award. 4.2 The Work must begin within ten (10) calendar days from Notice to Proceed or the date fixed in the Notice to Proceed, whichever is later, and shall be carried on at a rate to insure its substantially completed within sixty (60) calendar days from the issuance of the Notice to Proceed, completed and ready for final payment in accordance with Article 6 within ninety (90) days from the date certified by CITY as the date of Final Completion. 4.3 Upon failure of CONTRACTOR to substantially complete the WORK, herein referred to as Substantial Completion, within the specified period of time, plus approved time extensions, if any, CONTRACTOR shall pay to CITY the sum of Seven Hundred Fifteen Dollars ($715.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Page 93 of 202 Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 2.2 above, plus approved time extensions, if any, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Five Hundred Dollars ($500.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, if any, for completion and readiness for final payment. These amounts are not penalties, but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages which the CITY will suffer as a result of the CONTRACTOR’S failure to perform and that will be obviate a formal resolution concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract as required hereunder. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 4.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 4.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the Architect/Engineer in administering the construction of the WORK beyond the completion date specified above, plus approved time extensions, if any. Architect/Engineer construction costs shall be pursuant to the contract between CITY and Architect/Engineer, a copy of which is available upon request of the CONTRACTOR. All such costs shall be deducted from the monies due CONTRACTOR for performance of WORK by means of unilateral credit change orders issued by CITY, as costs are incurred by Architect/Engineer and agreed to by CITY. ARTICLE 5. COMPENSATION CITY shall pay CONTRACTOR for the performance of all work, in accordance with Article 13, subject to additions and deductions by Change Order as provided in this Agreement, an amount not to exceed Five Hundred Seventy-Five Thousand Six Hundred Eighty-Three Dollars and thirty-six cents ($575,683.36) as full compensation, in accordance with LAP regulations and the Davis-Bacon Act (40 USC 267a) as amended and incorporated by reference in this Agreement. ARTICLE 6. PROGRESS PAYMENTS CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than once a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract Price as progress payments. The CONTRACTOR’S application shall show a complete breakdown of the Project components as dictated by the CITY, including an updated Schedule of Values showing the quantities completed and the amount requested, together with such supporting evidence as may be required by the CITY. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY as required by the General Conditions and a release of liens Page 94 of 202 relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to the CITY. The CITY shall make payment to the CONTRACTOR within thirty (30) business days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by the CITY in accordance with the terms and conditions stipulated in the Contract Documents. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a) Defective Work not remedied. b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c) Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. d) Damage to another CONTRACTOR not remedied. e) Liquidated damages, as well as costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or a consent of Surety, satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. ARTICLE 7. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The CONTRACTOR shall only receive payments if CITY finds the Work acceptable, the requisite documents have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, the Architect/Engineer and CITY’S Representative will submit a statement stating such to the CITY Manager. Before the Final Payment, CONTRACTOR shall deliver to CITY a complete waiver of lien(s) or release of all lien(s), as applicable, arising out of of this Contract, or receipts in full for all Work; and an Affidavit certifying that all suppliers and Sub-Contractors have been paid in full, and that all other indebtedness connected with the Work has been paid. Page 95 of 202 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective Work not remedied. B. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. C. Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. D. Damage to another CONTRACTOR not remedied. E. Liquidated damages and costs incurred by CITY for extended construction administration. When the above grounds are removed or resolved satisfactorily to the CITY, payment may be made. Final payment constituting the entire unpaid balance of the Contract sum shall be paid by CITY to the CONTRACTOR within thirty (30) days after completion of all Work, Contract fully performed and a final certificate for payment has been issued by the CITY’S representative. ARTICLE 8. MISCELLANEOUS 8.1 Conflict: Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall control. 8.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, agents, or subcontractors of the CITY, and CONTRACTOR shall be responsible for any actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the parties a partnership or joint venture. 8.3 Qualifications: CONTRACTOR, and the individual executing this Contract on behalf of the CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole proprietorship, etc.) in good standing, and that the CONTRACTOR has all the required licenses and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. CONTRACTOR shall insure that all Sub-Contractors have all required licenses and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. Page 96 of 202 8.4 Entire Contract – Modification: No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Contract, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Contract contains the entire understanding 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 Contract is executed. If any term in the CONTRACTOR’S proposal appears to be in direct or apparent conflict with the Contract, then the terms of the Contract shall control. 8.5 Third Party Beneficiaries: Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract Therefore, the parties agree that there are no third-party beneficiaries to this Contract and that no third-party shall be entitled to assert a claim against either of them based upon this Contract. 8.6 Notices: All notices required in this Contract shall be sent by certified mail, return receipt requested and, if sent to the CITY shall be mailed to: City of Miami Gardens Attn: City Manager 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 With a Copy to: City Attorney C/O City of Miami Gardens 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 And if sent to the CONTRACTOR shall be mailed to: Name: General Asphalt Company, Inc. Fed. ID# 59-1115297 Address: 4850 NW 72nd Avenue Telephone # 305-592-3480 Address: Fax # 305-477-4675 City, State & Zip: Miami, FL 33166 Contact Person: Robert Lopez Title President 8.7 Assignment and Performance: Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the Work required by this Contract except as authorized in the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR'S performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. Page 97 of 202 8.8 Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 8.9 Severance: In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective, unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 8.10 Applicable Law and Venue: This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract. 8.11 Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees, expenses and court costs, including appellate fees incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 8.12 Amendments: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the CITY and CONTRACTOR. 8.13 Prior Contracts: This document incorporates and includes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, Contracts or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or Contracts, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 7.11 above. Page 98 of 202 8.14 Future Litigation: Contractor certifies that it shall notify the City within five (5) days of the receipt of any claims, lawsuits, or actions filed against Contractor relating to any construction projects, work or tasks either performed by Contractor or to be performed by Contractor. 8.15 Risk of Loss; Ownership: The risk of loss, injury or destruction of any personal property, including but not limited to the $575,683.00, any additional contract price shall be on CONTRACTOR until acceptance of the Work by CITY. Title to the Work shall pass to CITY upon final acceptance of the Work by CITY. 8.16 Indemnification: Contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners, principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. One percent ( 1%) of the contract amount shall represent the consideration to be provided for this indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity. [The remainder of this page is intentionally left blank.] Page 99 of 202 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: WITNESSES: CONTRACTOR: ________________________________ By:_________________________________ Print Name:_______________________ Print Name: __________________________ Title:_______________________________ Seal: ATTEST: CITY OF MIAMI GARDENS ________________________________ ________________________ ___ City Clerk City Mayor APPROVED AS TO FORM: ________________________________ CITY Attorney Dated: Page 100 of 202 0110-4 SY 350 $15 00 $5 250 00 $25 00 $8 750 00 $27 00 $9 450 00 $19 05 $6 667 50 ITB#09‐10‐016 ‐LAP Roadway Improvements ARRA 431;ARRA434;ARRA337 ‐(project A) January 12, 2010 ‐2:00 p.m. Bid Tabulation Sheet General Ashpalt Co. Inc. H&R Paving, Inc. Ranger Construction Weekley Asphalt Pav Miami, FL Miami, FL Miami, FL Pembroke Pines, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond yes yes yes yes 2009-1001 LS 1 $10,000.00 $11,690.22 $24,800.00 $40,390.00 2009-1002 LS 1 $6,000.00 $10,000.00 $20,900.00 $23,077.00 2009-1003 LS 1 $500.00 $500.00 $530.00 $400.00 Roadway 0334-1-13 SY 68,168 $4.50 $306,756.00 $3.88 $264,491.84 $4.20 $286,305.60 $4.00 $272,672.00 0327-701 SY 27,420 $1.25 $34,275.00 $1.75 $47,985.00 $1.40 $38,388.00 $1.40 $38,388.00 2009-1004 SY 50 $50.00 $2,500.00 $50.00 $2,500.00 $15.00 $750.00 $10.00 $500.00 Sidewalk 2009-1005 EA 147 $850.00 $124,950.00 $1,200.00 $176,400.00 $920.00 $135,240.00 $1,086.63 $159,734.61 0527-1 EA 10 $400.00 $4,000.00 $264.00 $2,640.00 $430.00 $4,300.00 $445.00 $4,450.00 0522-2 SY 200 $32.00 $6,400.00 $15.40 $3,080.00 $39.00 $7,800.00 $45.00 $9,000.00 2009-1006 SY 250 $22.00 $5,500.00 $15.00 $3,750.00 $28.00 $7,000.00 $31.40 $7,850.00 15.00 5,250.00 25.00 8,750.00 27.00 9,450.00 19.05 6,667.50 survey LF 500 $3.00 $1,500.00 $5.00 $2,500.00 $1.00 $500.00 $0.53 $265.00 Pavement 0711-11211 MI 10.79 $3,190.00 $34,420.10 $2,900.00 $31,291.00 $3,130.00 $33,772.70 $2,900.00 $31,291.00 0711-11231 MI 0.04 $797.00 $31.88 $725.00 $29.00 $785.00 $31.40 $725.00 $29.00 0711-11223 LF 4,610 $1.20 $5,532.00 $1.10 $5,071.00 $1.20 $5,532.00 $1.10 $5,071.00 0711-11224 LF 2,385 $1.80 $4,293.00 $1.65 $3,935.25 $1.80 $4,293.00 $1.65 $3,935.25 0711-11125 LF 278 $2.50 $695.00 $2.25 $625.50 $2.40 $667.20 $2.25 $625.50 0706-3 EA 3,052 $3.25 $9,919.00 $2.95 $9,003.40 $3.20 $9,766.40 $2.95 $9,003.40 0711-11170 EA 2 $44.00 $88.00 $40.00 $80.00 $43.00 $86.00 $40.00 $80.00 0711-11160 EA 9 $148.00 $1,332.00 $135.00 $1,215.00 $146.00 $1,314.00 $135.00 $1,215.00 2009-1007 EA 0 $0.00 $0.00 $0.00 $0.00 $300.00 $0.00 $250.00 $0.00 Temp Mark 2009-1008 MI 10.79 $770.00 $8,308.30 $700.00 $7,553.00 $755.00 $8,146.45 $700.00 $7,553.00 2009-1009 MI 0.04 $220.00 $8.80 $200.00 $8.00 $216.00 $8.64 $200.00 $8.00 Page 101 of 202 ITB#09‐10‐016 ‐LAP Roadway Improvements ARRA 431;ARRA434;ARRA337 ‐(project A) January 12, 2010 ‐2:00 p.m. Bid Tabulation Sheet cont. 2 General Asphalt H&R Paving Ranger Construction Weekley Asphalt Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL 2009‐1010 LF 4,610 $0.33 $1,521.30 $0.30 $1,383.00 $0.30 $1,383.00 $0.30 $1,383.00 2009‐1011 LF 2,385 $0.50 $1,192.50 $0.45 $1,073.25 $0.50 $1,192.50 $0.45 $1,073.25 2009‐1012 LF 278 $0.66 $183.48 $0.60 $166.80 $0.70 $194.60 $0.60 $166.80 2009‐1013 EA 2 $16.00 $32.00 $15.00 $30.00 $16.00 $32.00 $15.00 $30.00 2009‐1014 EA 9 $55.00 $495.00 $50.00 $450.00 $54.00 $486.00 $50.00 $450.00 Misc. 0535‐73 LF 0 $0.00 $0.00 $0.00 $0.00 $10.00 $0.00 $5.00 $0.00 2009‐1015 LF 0 $0.00 $0.00 $0.00 $0.00 $35.00 $0.00 $40.00 $0.00 2009‐1016 EA 0 $0.00 $0.00 $0.00 $0.00 $900.00 $0.00 $750.00 $0.00 2009‐1017 LF 0 $0.00 $0.00 $0.00 $0.00 $25.00 $0.00 $4.00 $0.00 TOTAL $575,683.36 $596,201.26 $602,869.49 $625,308.31 This is only a tabulation of prices submitted and is not an indication of award or responsivenessPage 102 of 202 SY 350 $14 00 $4 00 $30 $10 500 $10 $3 $3 $1 ITB#09‐10‐016 ‐LAP Roadway Improvements ARRA 431;ARRA434;ARRA337 ‐(project A) January 12, 2010 ‐2:00 p.m. Bid Tabulation Sheet Community Asphalt H&J Asphalt, Inc. Horizon Contractors Tran Construction Hialeah, FL Miami, FL Hialeah, FL Miami, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond yes yes yes yes 2009-1001 LS 1 $33,500.00 $30,000.00 $21,000.00 $10,920.00 2009-1002 LS 1 $36,984.00 $40,000.00 $6,000.00 $16,380.00 2009-1003 LS 1 $7,000.00 $1,000.00 $300.00 $218.00 Roadway 0334-1-13 SY 68,168 $4.24 $289,032.32 $4.56 $310,846.08 $5.60 $381,740.80 $8.50 $579,428.00 0327-701 SY 27,420 $2.35 $64,437.00 $2.00 $54,840.00 $1.00 $27,420.00 $2.70 $74,034.00 2009-1004 SY 50 $100.00 $5,000.00 $30.00 $1,500.00 $16.00 $800.00 $54.60 $2,730.00 Sidewalk 2009-1005 EA 147 $914.00 $134,358.00 $900.00 $132,300.00 $900.00 $132,300.00 $437.00 $64,239.00 0527-1 EA 10 $341.00 $3,410.00 $450.00 $4,500.00 $350.00 $3,500.00 $437.00 $4,370.00 0522-2 SY 200 $65.57 $13,114.00 $40.00 $8,000.00 $39.00 $7,800.00 $26.20 $5,240.00 2009-1006 SY 250 $56.12 $14,030.00 $25.00 $6,250.00 $27.00 $6,750.00 $24.00 $6,000.00 0110-4 14.00 4,900.00 30.00 10,500.00 10.00 3,500.00 3.30 1,155.00 survey LF 500 $1.65 $825.00 $5.00 $2,500.00 $2.00 $1,000.00 $4.40 $2,200.00 Pavement 0711-11211 MI 10.79 $3,045.00 $32,855.55 $3,000.00 $32,370.00 $4,000.00 $43,160.00 $3,058.00 $32,995.82 0711-11231 MI 0.04 $761.25 $30.45 $800.00 $32.00 $4,000.00 $160.00 $5,460.00 $218.40 0711-11223 LF 4,610 $1.16 $5,347.60 $1.50 $6,915.00 $1.60 $7,376.00 $1.20 $5,532.00 0711-11224 LF 2,385 $1.73 $4,126.05 $2.00 $4,770.00 $2.25 $5,366.25 $1.80 $4,293.00 0711-11125 LF 278 $2.36 $656.08 $3.00 $834.00 $4.50 $1,251.00 $2.50 $695.00 0706-3 EA 3,052 $3.10 $9,461.20 $3.50 $10,682.00 $4.50 $13,734.00 $3.20 $9,766.40 0711-11170 EA 2 $42.00 $84.00 $50.00 $100.00 $80.00 $160.00 $43.70 $87.40 0711-11160 EA 9 $141.75 $1,275.75 $150.00 $1,350.00 $93.00 $837.00 $147.40 $1,326.60 2009-1007 EA 0 $0.00 $0.00 $1,000.00 $0.00 $0.00 $0.00 $436.00 $0.00 Temp Mark 2009-1008 MI 10.79 $735.00 $7,930.65 $900.00 $9,711.00 $1,300.00 $14,027.00 $764.00 $8,243.56 2009-1009 MI 0.04 $210.00 $8.40 $400.00 $16.00 $1,300.00 $52.00 $218.00 $8.72 Page 103 of 202 ITB#09‐10‐016 ‐LAP Roadway Improvements ARRA 431;ARRA434;ARRA337 ‐(project A) January 12, 2010 ‐2:00 p.m. Bid Tabulation Sheet cont. 2 Community Asphalt H&J Asphalt Horizon Contractors Tran Construction Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL 2009‐1010 LF 4,610 $0.32 $1,475.20 $0.50 $2,305.00 $1.25 $5,762.50 $0.30 $1,383.00 2009‐1011 LF 2,385 $0.47 $1,120.95 $0.70 $1,669.50 $2.00 $4,770.00 $0.50 $1,192.50 2009‐1012 LF 278 $0.63 $175.14 $0.80 $222.40 $2.50 $695.00 $0.70 $194.60 2009‐1013 EA 2 $15.75 $31.50 $30.00 $60.00 $30.00 $60.00 $16.40 $32.80 2009‐1014 EA 9 $52.50 $472.50 $60.00 $540.00 $45.00 $405.00 $54.60 $491.40 Misc. 0535‐73 LF 0 $0.00 $0.00 $25.00 $0.00 $0.00 $0.00 $33.00 $0.00 2009‐1015 LF 0 $0.00 $0.00 $30.00 $0.00 $0.00 $0.00 $71.00 $0.00 2009‐1016 EA 0 $0.00 $0.00 $550.00 $0.00 $0.00 $0.00 $327.00 $0.00 2009‐1017 LF 0 $0.00 $0.00 $300.00 $0.00 $0.00 $0.00 $38.00 $0.00 TOTAL $671,641.34 $673,812.98 $689,926.55 $833,375.20 This is only a tabulation of prices submitted and is not not an indication of award or responsivenessPage 104 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: Tranportation Fund /America Recovery vestme Act RA) Rein (AR nt Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910017 LAP Roadway Improvement Projects 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, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH GENERAL ASPHALT COMPANY, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FOUR HUNDRED FOUR THOUSAND, ONE HUNDRED NINETY-SEVEN DOLLARS AND 75/100 CENTS ($404,197.75), FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens received $2,516,740 in American Recovery and Reinvestment (ARRA) stimulus funds through the Florida Department of Transportation to improve city roads that are designated by Federal Highway Administration (FHWA) and designated as emergency roads (ER) by the US Department of Transportation. ARRA funds can only be used for road resurfacing, sidewalk repairs/installation , and guardrail repairs. ITEM J-8) CONSENT AGENDA RESOLUTION Agreement w/General Asphalt Company Inc. Page 105 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation Of our three proposed projects, Florida Department of Transportation (FDOT) has given the City Notice to Proceed on two (2) of the projects; Project A ($575,683.36), which is under a separate item on the council agenda, and Project C ($404,197.75). Project C: ITB#09-10-017 -LAP Roadway Improvements ARRA 432; ARRA433; ARRA338 (FDOT Project C: #426479-2, #426483-1, #426488-1) Areas to be completed: • NW 191 St. from NW 37 Ave./Douglas Rd. to NW 27 Ave. – Roadway/Sidewalk Improvements -#426479-2 • NW 151 St. from Douglas Rd//NW 37 Ave. to NW 22 Ave. – Roadway/Sidewalk/Guardrail Improvements -#426483-1 • NW 199 St. from NW 47 Ave to SR 817/NW 27 Ave. – Roadway/Sidewalk Improvements -#426488-1 Specifications were prepared by City staff and our engineering consultant Craven and Thompson, for three LAP Roadway Improvement Projects which include resurfacing of roads, repairs and replacements of sidewalks; however, only two of the three projects were advertised. Bid #09-10-017 were advertised on December 10, 2009. A broadcast notice was sent to 565 vendors. Fifteen bid packages were requested. Bids were opened on January 12, 2010. There were eight bids received and publicly read. The apparent low bidder was General Asphalt Company Inc., located in Miami, Florida. Bids were evaluated for compliance with the specifications and their ability to perform the work. Staff checked references for past performances, finances, and insurances. All of the references were very favorable, the finances are fine, and insurance is sufficient. Once the staff completed their review, the tabulation was sent to Florida Department of Transportation (FDOT) for their review. FDOT concurred with staff’s findings. 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 City Council approve the attached resolution authorizing the City Manager to execute the contract for LAP Roadway Improvement Project C in the amount of $404,197.75 for ITB#09-10-017 to General Asphalt Company, Inc., located in Miami, Florida. Attachments: Attachment A – Contract Attachment B – Tabulation Sheet Page 106 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH GENERAL ASPHALT COMPANY, INC., ATTACHED HERETO AS EXHIBIT “A”, IN THE AMOUNT OF FOUR HUNDRED FOUR THOUSAND, ONE HUNDRED NINETY-SEVEN DOLLARS AND 75/100 CENTS ($404,197.75), FOR LAP ROADWAY IMPROVEMENT PROJECTS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens was awarded American Recovery and Reinvestment (“ARRA”) stimulus funds through the Florida Department of Transportation to improve City roads designated by Federal Highway Administration (“FHWA”) and designated as emergency roads (“ER”) by the U. S. Department of Transportation, and WHEREAS, ARRA funds can only be used for road resurfacing, sidewalk repairs and installation, and guardrail repairs, and WHEREAS, City Staff prepared specifications for roadway and sidewalk improvements along NW 191st from NW 37th Avenue to NW 27th Avenue, NW 151st Street from NW 37th Avenue to NW 22nd Avenue, and NW 199th Street from NW 47th to NW 27th Avenue, and WHEREAS, Bid #09-10-017 was advertised on December 10, 2009, and WHEREAS, eight (8) bids were received for each project and publicly read, and WHEREAS, the apparent low bidder was General Asphalt Company, Inc., located in Miami, Florida, and Page 107 of 202 WHEREAS, bids were evaluated for compliance with the specifications and their ability to perform the work, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, City Staff checked references for past performances, finances and insurance, and WHEREAS, the result of the reference check was favorable, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager and City Clerk to execute and attest, respectively, that certain Agreement with General Asphalt Company, Inc., attached hereto as Exhibit “A”, in the amount of Four Hundred Four Thousand, One Hundred Ninety-Seven Dollars and 75/100 Cents ($404, 197.75) for LAP Roadway Improvement Projects. The City Manager is hereby authorized to take any and all steps necessary in order to fulfill the obligations under said Agreement. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject Agreement with General Asphalt Company, Inc., with one (1) to the maintained by the City; and one (1) to be delivered to General Asphalt Company, Inc. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 108 of 202 1 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AT ITS REGULAR MEETING HELD ON FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 31 Mayor Shirley Gibson (Yes) ___(No) 32 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 33 Councilman Melvin L. Bratton (Yes) ___(No) 34 Councilman Aaron Campbell (Yes) ___(No) 35 Councilwoman Barbara Watson (Yes) ___(No) 36 Councilwoman Sharon Pritchett (Yes) ___(No) 37 Councilman André Williams (Yes) ___(No) 38 Page 109 of 202 CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of this _______ day of ______________,20___, by and between General Asphalt Company, Inc., hereinafter referred to as the CONTRACTOR, and the CITY OF MIAMI GARDENS, FLORIDA, a Florida municipal corporation, hereinafter referred to as the CITY. WITNESSETH, that whereas, the CITY has awarded to the CONTRACTOR the Work of performing certain construction: NOW, THEREFORE, the CITY and the CONTRACTOR, for consideration hereinafter named, agree as follows: ARTICLE 1 -CONTRACT DOCUMENTS 1.1 Enumeration of Contract Documents: The Contract Documents comprise the entire agreement between CITY and CONTRACTOR and consist of the following: (1) This Agreement and General Conditions (2) Construction performance bond. (3) Construction payment bond. (4) Insurance certificate(s). (5) Notice of Award and Notice to Proceed. (6) Invitation to Bid and the Specifications prepared by the CITY. (7) CONTRACTOR's Response to the CITY's Invitation to Bid No 09-10-017 dated January 12, 2010. The aforementioned documents are hereby incorporated herein by reference, and made a part hereof . Any amendments executed by the CITY and the CONTRACTOR shall become part of this Agreement. Documents not included in this Article do not, and shall not, form any part of this Agreement. In the event of any conflict between the documents or any ambiguity or missing specification or instruction, the following priority is established: a. Specific direction from the City Manager (or designee). b. This Agreement dated __________________ and any attachments. c. General Conditions d. ITB, Specifications including any drawings & plans e. Contractor’s Response 1.2 Conflict, Error or Discrepancy: If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to the CITY in writing at once and before proceeding with the Work affected shall obtain a written interpretation or clarification from CITY. Page 110 of 202 1.3 Representation of CONTRACTOR: Execution of the Contract by the CONTRACTOR is a representation that CONTRACTOR has visited the Work site and is familiar with the local conditions under which the Work is to be performed. ARTICLE 2. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials, tools, equipment, labor, services, incidentals and everything necessary to perform; and shall perform, all of the Work, herein referred to as Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT ASSURANCE The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. ARTICLE 4. CONTRACT TIME 4.1 CONTRACTOR shall be issued a Notice of Award by the CITY. CONTRACTOR shall commence scheduling activities and permit applications within five (5) calendar days after receipt of the Notice of Award. The Notice to Proceed and Purchase Order will not be issued until CONTRACTOR’S submission to CITY of all required documents including, but not limited to: Performance and Payment Bonds, Insurance Certificates fully executed Contract. 4.1.1 The receipt of all necessary permits by CONTRACTOR and acceptance of the full construction schedule in accordance with general terms and conditions section, submittal schedule and schedule of values is a condition precedent to the issuance of the Notice to Proceed to mobilize on the Project site and commence with the Work. The CONTRACTOR shall submit all necessary documents required by this provision within fifteen (15) calendar days of the issuance of Notice of Award. 4.2 The Work must begin within ten (10) calendar days from Notice to Proceed or the date fixed in the Notice to Proceed, whichever is later, and shall be carried on at a rate to insure its substantially completed within sixty (60) calendar days from the issuance of the Notice to Proceed, completed and ready for final payment in accordance with Article 6 within ninety (90) days from the date certified by CITY as the date of Final Completion. 4.3 Upon failure of CONTRACTOR to substantially complete the WORK, herein referred to as Substantial Completion, within the specified period of time, plus approved time extensions, if any, CONTRACTOR shall pay to CITY the sum of Seven Hundred Fifteen Dollars ($715.00) for each calendar day after the time specified in Section 2.2 above, plus any approved time extensions, for Substantial Page 111 of 202 Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 2.2 above, plus approved time extensions, if any, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Five Hundred Dollars ($500.00) for each calendar day after the time specified in Section 2.2 above, plus any approved extensions, if any, for completion and readiness for final payment. These amounts are not penalties, but are liquidated damages to CITY for its inability to obtain full beneficial occupancy and/or use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages which the CITY will suffer as a result of the CONTRACTOR’S failure to perform and that will be obviate a formal resolution concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract as required hereunder. The above-stated liquidated damages shall apply separately to each portion of the Project for which a time for completion is given. 4.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 4.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all costs incurred by the Architect/Engineer in administering the construction of the WORK beyond the completion date specified above, plus approved time extensions, if any. Architect/Engineer construction costs shall be pursuant to the contract between CITY and Architect/Engineer, a copy of which is available upon request of the CONTRACTOR. All such costs shall be deducted from the monies due CONTRACTOR for performance of WORK by means of unilateral credit change orders issued by CITY, as costs are incurred by Architect/Engineer and agreed to by CITY. ARTICLE 5. COMPENSATION CITY shall pay CONTRACTOR for the performance of all work, in accordance with Article 13, subject to additions and deductions by Change Order as provided in this Agreement, an amount not to exceed Four Hundred Four Thousand One Hundred Ninety-Seven Dollars and seventy-five cents ($404,197.75) as full compensation, in accordance with LAP regulations and the Davis-Bacon Act (40 USC 267a) as amended and incorporated by reference in this Agreement. ARTICLE 6. PROGRESS PAYMENTS CONTRACTOR may make Application for Payment for Work completed, at intervals of not more than once a month. However, the CITY shall not pay more than ninety percent (90%) of the total Contract Price as progress payments. The CONTRACTOR’S application shall show a complete breakdown of the Project components as dictated by the CITY, including an updated Schedule of Values showing the quantities completed and the amount requested, together with such supporting evidence as may be required by the CITY. CONTRACTOR shall submit with each Application for Payment, an updated progress schedule acceptable to the CITY as required by the General Conditions and a release of liens Page 112 of 202 relative to the Work which is the subject of the Application. Each Application for Payment shall be submitted in triplicate to the CITY. The CITY shall make payment to the CONTRACTOR within thirty (30) business days after approval by the CITY of CONTRACTOR’S Application for Payment and submission of an acceptable updated progress schedule. Ten percent (10%) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion and acceptance by the CITY in accordance with the terms and conditions stipulated in the Contract Documents. The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a) Defective Work not remedied. b) Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c) Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. d) Damage to another CONTRACTOR not remedied. e) Liquidated damages, as well as costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or a consent of Surety, satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. ARTICLE 7. ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice from CONTRACTOR that the Work is complete and ready for final inspection and acceptance, CITY shall, within ten (10) calendar days, make an inspection thereof. The CONTRACTOR shall only receive payments if CITY finds the Work acceptable, the requisite documents have been submitted, the requirements of the Contract Documents fully satisfied, and all conditions of the permits and regulatory agencies have been met, the Architect/Engineer and CITY’S Representative will submit a statement stating such to the CITY Manager. Before the Final Payment, CONTRACTOR shall deliver to CITY a complete waiver of lien(s) or release of all lien(s), as applicable, arising out of of this Contract, or receipts in full for all Work; and an Affidavit certifying that all suppliers and Sub-Contractors have been paid in full, and that all other indebtedness connected with the Work has been paid. Page 113 of 202 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: A. Defective Work not remedied. B. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. C. Failure of CONTRACTOR to make payments properly to Sub-Contractors or for material or labor. D. Damage to another CONTRACTOR not remedied. E. Liquidated damages and costs incurred by CITY for extended construction administration. When the above grounds are removed or resolved satisfactorily to the CITY, payment may be made. Final payment constituting the entire unpaid balance of the Contract sum shall be paid by CITY to the CONTRACTOR within thirty (30) days after completion of all Work, Contract fully performed and a final certificate for payment has been issued by the CITY’S representative. ARTICLE 8. MISCELLANEOUS 8.1 Conflict: Where there is a conflict between any provision set forth within the Contract Documents and a more stringent state or federal provision which is applicable to this Project, the more stringent state or federal provision shall control. 8.2 Independent Contractor: CONTRACTOR is an independent contractor under this Contract. Services provided by CONTRACTOR pursuant to this Contract shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its agents shall act as officers, employees, agents, or subcontractors of the CITY, and CONTRACTOR shall be responsible for any actions of its officer, employees, agent and subcontractors. This Contract shall not constitute or make the parties a partnership or joint venture. 8.3 Qualifications: CONTRACTOR, and the individual executing this Contract on behalf of the CONTRACTOR, warrants to the CITY that the CONTRACTOR is a Florida (corporation sole proprietorship, etc.) in good standing, and that the CONTRACTOR has all the required licenses and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. CONTRACTOR shall insure that all Sub-Contractors have all required licenses and certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. Page 114 of 202 8.4 Entire Contract – Modification: No statements, representations, warranties, either written or oral, from whatever source arising, except as expressly stated in this Contract, shall have any legal validity between the parties or be binding upon any of them. The parties acknowledge that this Contract contains the entire understanding 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 Contract is executed. If any term in the CONTRACTOR’S proposal appears to be in direct or apparent conflict with the Contract, then the terms of the Contract shall control. 8.5 Third Party Beneficiaries: Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third party by this Contract. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract Therefore, the parties agree that there are no third-party beneficiaries to this Contract and that no third-party shall be entitled to assert a claim against either of them based upon this Contract. 8.6 Notices: All notices required in this Contract shall be sent by certified mail, return receipt requested and, if sent to the CITY shall be mailed to: City of Miami Gardens Attn: City Manager 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 With a Copy to: City Attorney C/O City of Miami Gardens 1515 NW 167th Street, Suite 200 Miami Gardens, FL 33169 And if sent to the CONTRACTOR shall be mailed to: Name: General Asphalt Company, Inc. Fed. ID# 59-1115297 Address: 4850 NW 72nd Avenue Telephone # 305-592-3480 Address: Fax # 305-477-4675 City, State & Zip: Miami, FL 33166 Contact Person: Robert Lopez Title President 8.7 Assignment and Performance: Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party. In addition, CONTRACTOR shall not subcontract any portion of the Work required by this Contract except as authorized in the General Conditions. CONTRACTOR represents that all persons delivering the services required by this Contract have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in the Scope of Work and to provide and perform such services to CITY'S satisfaction for the agreed compensation. CONTRACTOR shall perform its duties, obligations, and services under this Contract in a skillful and respectable manner. The quality of CONTRACTOR'S performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. Page 115 of 202 8.8 Materiality and Waiver of Breach: CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth in these Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. CITY'S failure to enforce any provision of this Contract shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. 8.9 Severance: In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective, unless CITY or CONTRACTOR elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 8.10 Applicable Law and Venue: This Contract shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Contract, CONTRACTOR and CITY hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Project. CONTRACTOR shall specifically bind all Sub-Contractors to the provisions of this Contract. 8.11 Enforcement Costs: If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney’s fees, expenses and court costs, including appellate fees incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 8.12 Amendments: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the CITY and CONTRACTOR. 8.13 Prior Contracts: This document incorporates and includes all prior negotiations, correspondence, conversations, Contracts, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, Contracts or understandings concerning the subject matter of this Contract that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or Contracts, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless set forth in writing in accordance with Section 7.11 above. Page 116 of 202 8.14 Future Litigation: Contractor certifies that it shall notify the City within five (5) days of the receipt of any claims, lawsuits, or actions filed against Contractor relating to any construction projects, work or tasks either performed by Contractor or to be performed by Contractor. 8.15 Risk of Loss; Ownership: The risk of loss, injury or destruction of any personal property, including but not limited to the $404,197.00, any additional contract price shall be on CONTRACTOR until acceptance of the Work by CITY. Title to the Work shall pass to CITY upon final acceptance of the Work by CITY. 8.16 Indemnification: Contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, of, relating to or resulting from the performance of this Agreement by the Contractor or its employees, agents, servants, partners, principals or subcontractors. Contractor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. One percent ( 1%) of the contract amount shall represent the consideration to be provided for this indemnification. Nothing contained herein shall be deemed a waiver of sovereign immunity. [The remainder of this page is intentionally left blank.] Page 117 of 202 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as follows: WITNESSES: CONTRACTOR: ________________________________ By:_________________________________ Print Name:_______________________ Print Name: __________________________ Title:_______________________________ Seal: ATTEST: CITY OF MIAMI GARDENS ________________________________ ________________________ ___ City Clerk City Mayor APPROVED AS TO FORM: ________________________________ CITY Attorney Dated: Page 118 of 202 ITB#09‐10‐017 ‐LAP Roadway Improvements ARRA 432;ARRA433;ARRA338 ‐(project C) January 12, 2010 ‐2:00 p.m. Bid Tabulation Sheet General Asphalt H&R Paving, Inc. Tran Construction Horizon Contractor H&J Asphalt Inc. Miami, FL Miami, FL Miami, FL Hialeah, FL Miami, FL Item M Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond yes yes yes yes yes 2009-1001 LS 1 $1,000.00 $8,100.00 $10,920.00 $20,000.00 $20,000.00 2009-1002 LS 1 $10,000.00 $8,000.00 $16,380.00 $4,000.00 $20,000.00 2009-1003 LS 1 $500.00 $500.00 $218.00 $300.00 $1,000.00 Roadway 0334-1-13 SY 22,000 $5.00 $110,000.00 $3.88 $85,360.00 $8.70 $191,400.00 $5.60 $123,200.00 $4.60 $101,200.00 0327-701 SY 6,535 $2.00 $13,070.00 $2.00 $13,070.00 $2.70 $17,644.50 $1.00 $6,535.00 $2.50 $16,337.50 2009-1004 SY 200 $20.00 $4,000.00 $20.00 $4,000.00 $55.00 $11,000.00 $16.00 $3,200.00 $20.00 $4,000.00 Sidewalk 2009-1005 EA 175 $935.00 $163,625.00 $1,200.00 $210,000.00 $437.00 $76,475.00 $900.00 $157,500.00 $900.00 $157,500.00 0527-1 EA 20 $440.00 $8,800.00 $264.00 $5,280.00 $437.00 $8,740.00 $350.00 $7,000.00 $450.00 $9,000.00 0522-2 SY 200 $38.00 $7,600.00 $15.40 $3,080.00 $26.20 $5,240.00 $39.00 $7,800.00 $40.00 $8,000.00 2009-1006 SY 1,200 $24.00 $28,800.00 $13.20 $15,840.00 $24.00 $28,800.00 $26.00 $31,200.00 $25.00 $30,000.00 0110-4 SY 1,200 $12.00 $14,400.00 $19.80 $23,760.00 $3.30 $3,960.00 $10.00 $12,000.00 $30.00 $36,000.00 survey LF 1,200 $3.00 $3,600.00 $3.33 $3,996.00 $4.40 $5,280.00 $1.00 $1,200.00 $5.00 $6,000.00 Pavement 0711-11211 MI 1.9 $3,150.00 $5,985.00 $2,900.00 $5,510.00 $3,058.00 $5,810.20 $4,000.00 $7,600.00 $2,800.00 $5,320.00 0711-11231 MI 0.98 $1,000.00 $980.00 $725.00 $710.50 $874.00 $856.52 $4,000.00 $3,920.00 $1,000.00 $980.00 0711-11223 LF 546 $1.85 $1,010.10 $1.10 $600.60 $1.20 $655.20 $1.60 $873.60 $1.50 $819.00 0711-11224 LF 546 $2.35 $1,283.10 $1.65 $900.90 $1.80 $982.80 $2.25 $1,228.50 $2.00 $1,092.00 0711-11125 LF 1,133 $3.10 $3,512.30 $2.25 $2,549.25 $2.50 $2,832.50 $4.50 $5,098.50 $2.50 $2,832.50 0706-3 EA 168 168 $4.00 $672.00 $2.95 $495.60 $3.20 $537.60 $4.50 $756.00 $5.00 $840.00 0711-11170 EA 22 $50.00 $1,100.00 $40.00 $880.00 $44.00 $968.00 $70.00 $1,540.00 $50.00 $1,100.00 0711-11160 EA 7 $95.00 $665.00 $135.00 $945.00 $147.00 $1,029.00 $95.00 $665.00 $90.00 $630.00 2009-1007 EA 8 $185.00 $1,480.00 $250.00 $2,000.00 $273.00 $2,184.00 $470.00 $3,760.00 $200.00 $1,600.00 Temp Mark 2009-1008 MI 1.9 $650.00 $1,235.00 $700.00 $1,330.00 $764.00 $1,451.60 $1,500.00 $2,850.00 $1,700.00 $3,230.00 2009-1009 MI 0.98 $1,000.00 $980.00 $200.00 $196.00 $218.00 $213.64 $1,500.00 $1,470.00 $500.00 $490.00 Page 119 of 202 ITB#09‐10‐017‐ LAP Roadway Improvements ARRA 431;ARRA434;ARRA337 ‐(project C) January 12, 2010 ‐2:00 p.m. Bid Tabulation Sheet cont. 2 General Asphalt H&R Paving Tran Construction Horizon Contractor H&J Asphalt Item M Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL 2009‐1010 LF 546 $0.60 $327.60 $0.30 $163.80 $0.30 $163.80 $1.25 $682.50 $2.00 $1,092.00 2009‐1011 LF 546 $0.90 $491.40 $0.45 $245.70 $0.50 $273.00 $2.00 $1,092.00 $2.00 $1,092.00 2009‐1012 LF 1,133 $1.25 $1,416.25 $0.60 $679.80 $0.70 $793.10 $2.50 $2,832.50 $2.00 $2,266.00 2009‐1013 EA 22 $25.00 $550.00 $15.00 $330.00 $16.00 $352.00 $32.00 $704.00 $22.00 $484.00 2009‐1014 EA 7 $45.00 $315.00 $50.00 $350.00 $55.00 $385.00 $45.00 $315.00 $22.00 $154.00 Misc. 0535‐73 LF 70 $10.00 $700.00 $10.00 $700.00 $16.00 $1,120.00 $8.00 $560.00 $5.00 $350.00 2009‐1015 LF 120 $30.00 $3,600.00 $40.00 $4,800.00 $71.00 $8,520.00 $81.00 $9,720.00 $20.00 $2,400.00 2009‐1016 EA 5 $500.00 $2,500.00 $500.00 $2,500.00 $218.00 $1,090.00 $700.00 $3,500.00 $350.00 $1,750.00 2009‐1017 LF 200 $50.00 $10,000.00 $20.00 $4,000.00 $38.00 $7,600.00 $16.00 $3,200.00 $15.00 $3,000.00 TOTAL $404,197.75 $410,873.15 $413,875.46 $426,302.60 $440,559.00 This is only a tabulation of prices submitted and is not an indication of award or responsivenessPage 120 of 202 ITB#09‐10‐017 ‐LAP Roadway Improvements ARRA 432;ARRA433;ARRA338 ‐(project C) January 12, 2010 ‐2:00 p.m. Bid Tabulation Sheet Ranger Construction Weekley Asphalt Pav Community Asphalt Miami, FL Pembroke Pines, FL Hialeah, FL Item UOM Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL Bid Bond yes yes yes 2009-1001 LS 1 $21,500.00 $25,893.00 $24,500.00 2009-1002 LS 1 $23,000.00 $23,077.00 $28,960.00 2009-1003 LS 1 $634.00 $400.00 $7,500.00 Roadway 0334-1-13 SY 22,000 $5.00 $110,000.00 $4.00 $88,000.00 $5.20 $114,400.00 0327-701 SY 6,535 $1.10 $7,188.50 $1.40 $9,149.00 $3.70 $24,179.50 2009-1004 SY 200 $23.00 $4,600.00 $10.00 $2,000.00 $35.00 $7,000.00 Sidewalk 2009-1005 EA 175 $912.00 $159,600.00 $1,100.40 $192,570.00 $913.00 $159,775.00 0527-1 EA 20 $429.00 $8,580.00 $445.00 $8,900.00 $341.00 $6,820.00 0522-2 SY 200 $53.00 $10,600.00 $45.00 $9,000.00 $50.00 $10,000.00 2009-1006 SY 1,200 $37.00 $44,400.00 $31.40 $37,680.00 $43.00 $51,600.00 0110-4 SY 1,200 $14.00 $16,800.00 $19.05 $22,860.00 $14.00 $$16,800.00 survey LF 1,200 $1.50 $1,800.00 $0.53 $636.00 $1.65 $1,980.00 Pavement 0711-11211 MI 1.9 $3,130.00 $5,947.00 $2,900.00 $5,510.00 $3,045.00 $5,785.50 0711-11231 MI 0.98 $782.00 $766.36 $725.00 $710.50 $761.25 $746.03 0711-11223 LF 546 $1.20 $655.20 $1.10 $600.60 $1.16 $633.36 0711-11224 LF 546 $1.80 $982.80 $1.65 $900.90 $1.73 $944.58 0711-11125 LF 1,133 $2.40 $2,719.20 $2.25 $2,549.25 $2.36 $2,673.88 0706-3 EA 168 $3.20 $537.60 $2.95 $495.60 $3.10 $520.80 0711-11170 EA 22 $43.00 $946.00 $40.00 $880.00 $42.00 $924.00 0711-11160 EA 7 $146.00 $1,022.00 $135.00 $945.00 $141.75 $992.25 2009-1007 EA 8 $270.00 $2,160.00 $250.00 $2,000.00 $262.50 $2,100.00 Temp Mark 2009-1008 MI 1.9 $755.00 $1,434.50 $700.00 $1,330.00 $735.60 $1,397.64 2009-1009 MI 0.98 $216.00 $211.68 $200.00 $196.00 $210.00 $205.80Page 121 of 202 ITB#09‐10‐017 ‐LAP Roadway Improvements ARRA 431;ARRA434;ARRA337 ‐(project C) January 12, 2010 ‐2:00 p.m. Bid Tabulation Sheet cont. 2 Ranger Construction Weekley Asphalt Community Asphalt Item UOMEst. Qty $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL $UOM TOTAL 2009‐1010 LF 546 $0.30 $163.80 $0.30 $163.80 $0.32 $174.72 2009‐1011 LF 546 $0.50 $273.00 $0.45 $245.70 $0.47 $256.62 2009‐1012 LF 1,133 $0.70 $793.10 $0.60 $679.80 $0.63 $713.79 2009‐1013 EA 22 $16.00 $352.00 $15.00 $330.00 $15.75 $346.50 2009‐1014 EA 7 $54.00 $378.00 $50.00 $350.00 $52.50 $367.50 Misc. 0535‐73 LF 70 $5.40 $378.00 $5.00 $350.00 $15.00 $1,050.00 2009‐1015 LF 120 $32.00 $3,840.00 $40.00 $4,800.00 $45.00 $5,400.00 2009‐1016 EA 5 $708.00 $3,540.00 $750.00 $3,750.00 $2,000.00 $10,000.00 2009‐1017 LF 200 $16.00 $3,200.00 $4.00 $800.00 $18.00 $3,600.00 TOTAL $439,002.74 $447,752.15 $492,347.47 This is only a tabulation of prices submitted and is not an indication of award or responsivenessPage 122 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: General Fund – Police Department Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF ONE THOUSAND SIX HUNDRED DOLLARS ($1,600.00) FROM FM GLOBAL, TO BE USED TO PURCHASE EQUIPMENT FOR THE MIAMI GARDENS POLICE DEPARTMENT ARSON UNIT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: FM Global, one of the world’s largest commercial property insurers, awarded The Miami Gardens Police Department (MGPD) the FM Global Fire Prevention Grant. Grants such as this aid law enforcement in effective crime prevention and investigation by allowing investigators to purchase needed equipment utilizing grant funding. As a recipient, MGPD will receive an award of $1,600.00 to purchase a Nikon D300 digital camera and other camera accessories for the Arson Unit. It is imperative that an arson scene is immediately assessed and investigated. The use of a digital camera like the Nikon D300 will allow the investigator to obtain important evidence and lessen the risk of scene contamination, destruction or disruption. The equipment will be maintained by the criminal investigations unit and will become the property of MGPD. ITEM J-9) CONSENT AGENDA RESOLUTION Accepting a $1,600 Grant Page 123 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council authorize the City of Miami Gardens to accept $1,600.00 in grant funding from FM Global used to purchase equipment for the MGPD Arson Unit. Attachment: Attachment A: Grant Application Attachment B: Grant Award Page 124 of 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT IN THE AMOUNT OF ONE THOUSAND SIX HUNDRED DOLLARS ($1,600.00) FROM FM GLOBAL, TO BE USED TO PURCHASE EQUIPMENT FOR THE MIAMI GARDENS POLICE DEPARTMENT ARSON UNIT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, FM Global, one of the world’s largest commercial property insurers, awarded the Miami Gardens Police Department (“MGPD”) the FM Global Fire Prevention Grant, and WHEREAS, these grants aid law enforcement in effective crime prevention and investigation by allowing investigators to purchase needed equipment, and WHEREAS, as a recipient, MGPD, will receive an award of One Thousand Six Hundred Dollars ($1,600.00) to purchase a new Nikon D300 digital camera and other camera accessories for the Arson Unit, and WHEREAS, the digital cameras will allow investigators to obtain important evidence and lessen the risk of scene contamination, destruction and disruption, and WHEREAS, the equipment will be maintained by the Crime Investigation Unit and will become the property of MGPD, 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. 1 Page 125 of 202 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City Manager to accept One Thousand Six Hundred Dollars ($1,600.00) in grant funding from FM Global to be used to purchase equipment for the Miami Gardens Police Department Arson Unit. 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 FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 36 Mayor Shirley Gibson (Yes) ___(No) 37 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 38 Councilman Melvin L. Bratton (Yes) ___(No) 2 Page 126 of 202 3 1 Councilman Aaron Campbell (Yes) ___(No) 2 Councilwoman Barbara Watson (Yes) ___(No) 3 Councilwoman Sharon Pritchett (Yes) ___(No) 4 Councilman André Williams (Yes) ___(No) 5 6 7 8 Page 127 of 202 Page 128 of 202 Page 129 of 202 Page 130 of 202 Page 131 of 202 Page 132 of 202 Page 133 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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 O. Crew Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING THE 2010-2011 FEDERAL LEGISLATIVE PROGRAM FOR THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: In order to provide our federal lobbyist with clear direction during the 111th Congress, 2nd Session staff established a Federal Legislative program based on the input from various City Council members and staff. The proposed Federal Legislative Program documents the City of Miami Garden’s legislative legislative priorities during the 111th Congress, 2nd Session and will be used to assist our lobbyist in advocating for the City. Proposed Action: That the City Council approve the attached resolution adopting the 2010‐2011 City of Miami Gardens Federal Legislative Program. Attachment: Attachment A‐Proposed 2010‐2011 Federal Legislative Program ITEM K-1) RESOLUTION 2010-2011 Legislation Program Page 134 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING THE 2010-2011 FEDERAL LEGISLATIVE PROGRAM FOR THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens has retained the services of lobbyists to represent the City’s interests in Federal Legislative matters, and WHEREAS, City Staff has established a Federal Legislative Program based on input from various City Council members, and WHEREAS, City Council would like to approve a 2010-2011 Federal Legislative Program for submission to the City’s lobbyists, 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. APPROVAL: The City Council Council of the City of Miami Gardens hereby approves the 2010-2011 Federal Legislative Program attached hereto as Exhibit “A.” 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 Page 135 of 202 1 AT ITS REGULAR MEETING HELD ON FEBRUARY 24, 2010. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:____________________ _ VOTE: _____ 30 Mayor Shirley Gibson (Yes) ___(No) 31 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 32 Councilman Melvin L. Bratton (Yes) ___(No) 33 Councilman Aaron Campbell (Yes) ___(No) 34 Councilwoman Barbara Watson (Yes) ___(No) 35 Councilwoman Sharon Pritchett (Yes) ___(No) 36 Councilman André Williams (Yes) ___(No) Page 136 of 202 2010-2011 Proposed City of Miami Gardens Federal Legislative Program POLICY STATEMENTS Energy Conservation The City of Miami Gardens City Council supports the National League of Cities Core Principal, which states that sustainability is a defining issue of our time. The reason: increasing concern about climate change and other threats to public health and the environment related to human activities. Today, local governments find themselves at the epicenter of the sustainability movement. Cities and towns are actively pursuing initiatives to conserve energy, reduce greenhouse gas emissions and protect the environment in other ways. The federal government should be a full partner in these efforts, providing national leadership when appropriate, and supporting creative efforts that can only happen at the community level. The National League of Cities urges Congress to: • Provide $2 billion for the Energy Efficiency and Block Grant Program in the fiscal year 2010 budget to further these local efforts.(No longer longer applicable funding provided through FY 2010 ARRA) Home Rule The City of Miami Gardens is dedicated to the fundamental concept that the government closest to the people is the appropriate authority to serve the needs and requirements of the community. The City of Miami Gardens City Council supports maintaining the integrity of home rule power that allows cities to develop and implement solutions to local problems. Safe Cites The City of Miami Gardens City Council supports the National League of Cities Core Principal, which states that the security of the United States and its citizens is a defining issue of the decade. In the face of these new challenges, the leaders of our cities and towns are best positioned to address traditional public safety needs while at the same time advancing the nation’s homeland security priorities. National top‐down plans are not sufficient. We need collaborative strategies that emphasize partnerships, innovation and “all‐hazard” approaches to public safety. 1 Page 137 of 2 02The National League of Cities urges Congress to: • Direct resources where they are needed most; • Strengthen information sharing at all levels; and • Create a culture of public awareness and action to ensure all Americans understand their own responsibilities in preventing crime and preparing for disasters. Immigration Stabilize the Housing Market The City of Miami Gardens City Council supports the National League of Cities Core Principal, which states that encouraging home ownership for as many Americans as possible and giving people a stake in the future of their community remains a laudable goal. However, the challenge for the federal government, working in partnership with state and local governments, is to resolve the crucial questions raised by the collapse of the housing market — questions like: what kinds of housing we need; how to finance construction, rehabilitation and resale of homes; and how best to engage the private sector in the work of building houses and revitalizing America’s hometowns. hometowns. The National League of Cities urges Congress to: • Ensure the availability of capital for mortgage financing and refinancing and continue to encourage lenders and loan servicers to work out unsound loans as an alternative to foreclosure; • Invest in programs that stabilize and enhance neighborhoods while helping communities minimize the damage caused by the national foreclosure crisis; • Protect homebuyers from predatory lending by ensuring that mortgage brokers are effectively regulated and that mortgage loans are well‐suited to the financial means of the homebuyer. Unfunded Mandates The City of Miami Gardens City Council supports the National League of Cities Core principal that the federal government should avoid policies that impose disproportionate responsibilities or increased financial liability on local governments without recognizing the fiscal impact of those policies. In particular, federal policies should not mandate new costs for local governments without providing adequate funds to reimburse local governments for these new mandates. LEGISLATIVE PROPOSALS Iran and Darfur Divestment The United States has imposed trade sanctions on the Government of Sudan since November 1997 under Executive Order (E.O.) No. 13067. The United Nations Security Council (UNSC) issued Resolution 1591 and Resolution 1672 condemning the actions of the Government of Sudan and calling on member nations to take certain measures against persons responsible for continuing conflicts. In response to UNSC Resolution 1672, President Bush issued a new Executive Order expanding on the original sanctions of E.O. No. 13067, which authorizes the Department of Treasury and Department of State to designate 2 Page 138 of 202 additional persons as needed. Under this expanded authority, persons named as, or doing business with persons named as “Specially Designated Nationals” of Sudan would face the following sanctions: • U.S. persons are prohibited from transacting business with these individuals and entities and all of their property in the United States or in the possession or control of a U.S. person is blocked. • Any U.S. individual or organization engaging in transactions with foreign nationals must take reasonable care to make certain such foreign nationals are not owned, controlled by, or acting on behalf of Sudan. • U.S. individuals or organizations that violate the regulations may be subject to civil or criminal prosecution. Goods or services of Sudanese origin may not be imported into the United States. The City of Miami Gardens City Council urges Congress to adopt further legislation, which prohibits the investment of public funds managed by local governments nationwide in “scrutinized companies “ or “specialty designated nationals”. (Councilman Williams) Reinstatement of the Assault Weapons Ban The Federal Semi‐Automatic Assault Weapon ban expired in 2004, since that time there is credible evidence that it has been easier for criminals to buy powerful firearms. In the City of Miami Gardens alone, over 20 assault weapons have been seized in the commission of a crime since December 2007. The City of Miami Gardens City Council urges Congress to reinstate the Semi‐Automatic Assault Weapons Ban. (Councilman Williams) Temporary Protected Status for Haitians Living in the United States In 2008, Haiti was struck by four devastating storms, displacing thousands of citizens, wiping out roads, bridges, schools, and homes. In addition to these natural disasters, Haiti is currently in a state of political unrest. South Florida community and the City of Miami Gardens are home to many undocumented Haitian nationals who contribute to our society while sending money home to help their families. Due to the devastating circumstances that may prevent these undocumented Haitians from returning home, the City of Miami Gardens City Council urges the current Administration to grant temporary protected status to Haitian Nationals living in the United States. (Councilman Williams) (Temporary Protective Status Granted in January 2010) Repeal of Section 511 of the Tax Increase Prevention and Reconciliation Act (TIPRA) Section 511 of the Tax Increase Prevention and Reconciliation Action requires governments with annual expenditures in excess of $100 million dollars to withhold three (3) percent on payments made for most goods and services. The requirement of a three (3) percent withholding not only places an enormous burden on state and local governments; it is extremely detrimental to the small businesses that are the backbone of Florida’s economy. Furthermore, it is likely that this three (3) percent withholding will 3 Page 139 of 202 result in increased costs for local governments. The City of Miami Gardens supports the repeal of Section 511 of the TIPRA due to the possible negative fiscal implications on the City’s budget. (City Manager) Public Safety Employer‐Employee Cooperation Act of 2009 The Public Safety Employer‐Employee Cooperation Act of 2009 mandates that all state and local governments allow for unionization of their police force; requires collective bargaining with the unions; and requires bargaining over hours, wages, terms and conditions of employment. In addition, the legislation would empower the Federal Labor Relations Authority (FLRA) to review the existing collective bargaining laws in all 50 states to ensure that they meet the new Federal Standard. If the FLRA determines that the state fails to meet the standard, it will have the authority to mandate changes to the existing policies and procedures. This legislation forces public safety employees to unionize regardless of the desires of the group, and due to the fact fact that this legislation infringes of the home rule authority of states and local governments, the City of Miami Gardens City Council opposes the Public Safety Employer‐Employee Cooperation Act of 2009.(City Manager) APPROPRIATION AND AUTHORIZATION REQUESTS Livable Neighborhoods Initiative $2,500,000 The Livable Neighborhoods Initiative for Sewer System Improvements project will fulfill the federal Environmental Protection Agency (EPA) priority to modernize waterways and protect the vital public service of water infrastructure. The initial benefits of this project include the elimination of the danger of flash flooding and extended water ponding posed by a lack of adequate drainage in these neighborhoods, especially during Hurricane Season. During the 2005 Hurricane Season, many residents were stranded in their homes because of excessive flooding. Emergency vehicles were unable to get to any resident that lived in these areas. The supplemental benefits are that this project intends to serve as the impetus impetus for revitalization of neighborhood areas that are impoverished and whose residents feel neglected by local government. The City will provide matching funds in the amount of $925,000 for this project. Local Drainage Improvements $375,000.00 This project will reduce flood damage and improve water quality of stormwater runoff in two local areas within the City, as described below. This project will consist of the construction of on‐site French Drain systems that will capture polluted stormwater runoff, retain this runoff within the project area, and filter the captured water before it enters the aquifer system. The project will also reduce flooding, thereby reducing flood damage and potential repetitive loss properties as defined by the Federal Emergency Management Agency (FEMA). The results and benefits of this project include: 4 Page 140 of 202 5 • Filtering stormwater runoff before it enters the aquifer, thereby protecting our sole source of drinking water; • Preventing pollutants from entering surface waters of the City, thereby preserving the aesthetic, recreational and biological quality and value of those surface waters; • Reducing potential flood damage loss claims under the National Flood Insurance Program; and • Increasing the capacity in the primary canals in the City, this will reduce flooding when major rain events occur. • Project locations: NW 171 Terrace, from NW 44 Avenue to 45 Court NW 38 Court, from NW 210 Street to 210 Terrace State Road Seven Livable Community Corridor Project $1,930,000 The State Road 7 Livable Community Corridor Project as proposed will acquire right‐of‐way, design, and construct ten (10) feet of widened ADA accessible stamped concrete sidewalks and bus bays through the State Road 7 corridor in the City of Miami Gardens. This project is part of a Livable Community Corridor Study of State 7 (US 441 – six lanes) lanes) from NW 215 Street (Miami Dade County and Broward County line) to the Golden Glades Interchange (SR 826, I‐95, and U.S. 441). Total Appropriation and Authorization Requests: $4,805,000 Page 141 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny O. Crew Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT CERTAIN ISSUES DURING THE 2010 LEGISLATIVE SESSION; PROVIDING FOR DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The Regular Session of the Florida Legislature will convene on Tuesday, March 2, 2010. In preparation for the legislative session, staff established a legislative program based on the input from various City Council members and staff. The proposed State Legislative Program documents the City of Miami Garden’s legislative priorities in 2010 and will be used to assist our lobbyist in advocating for the City during the current session. Proposed Action: That the City Council approve the attached resolution adopting the 2010 City of Miami Gardens State Legislative Program. Attachment: Attachment A‐Proposed 2010 State Legislative Program ITEM K-2) RESOLUTION 2010 State Legislative Program Page 142 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT CERTAIN ISSUES DURING THE 2010 LEGISLATIVE SESSION; PROVIDING DIRECTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the regular session of the Florida Legislature will convene on Tuesday, March 2, 2010, and WHEREAS, in preparation for the upcoming session, City Staff has prepared a Legislative Program documenting the City of Miami Gardens’ legislative priorities in 2010, and is recommending that the City Council approve the proposed Program, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Resolution. Section 2. REQUEST FOR LEGISLATIVE ACTION: The City Council of the City of Miami Gardens hereby urges Governor Charlie Crist and members of the Florida Legislature to support the legislation as outlined in Exhibit “A” attached hereto. Section 3. DIRECTIONS TO THE CITY CLERK: The City Clerk is hereby directed to send a Certified Copy of this Resolution to Governor Charlie Crist and to all members of the Florida Legislature. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. Page 143 of 202 1 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AT ITS REGULAR MEETING HELD ON FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 31 Mayor Shirley Gibson (Yes) ___(No) 32 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 33 Councilman Melvin L. Bratton (Yes) ___(No) 34 Councilman Aaron Campbell (Yes) ___(No) 35 Councilwoman Barbara Watson (Yes) ___(No) 36 Councilwoman Sharon Pritchett (Yes) ___(No) 37 Councilman André Williams (Yes) ___(No) Page 144 of 202 2010 Proposed City of Miami Gardens State Legislative Program POLICY STATEMENTS Cultural Arts/Recreation and Open Space Program Funding The City of Miami Gardens City Council supports the preservation of state funding for cultural programs and recreation and opens space programs. Home Rule Miami Gardens City is dedicated the fundamental concept that government closed to the people is the appropriate authority to serve the needs and requirements of the community. The City of Miami Gardens City Council opposes legislative efforts to interfere with the governance or administration of local government. Municipal Memberships The City of Miami Gardens City Council opposes any legislation that seeks to remove a municipality’s ability to pay membership dues to organizations that assist in representing municipal interests before the Florida Legislature or any other unit of Federal, State, or local government. Municipal Revenues The City of Miami Gardens City Council opposes any legislative action that seeks to further limit or reduce local government revenues, including additional constitutional amendments. Pari‐Mutuel Gaming City of Miami Garden City Council supports passage of legislation creating parity with Indian gaming casino competitors in the nature of regulatory requirements, taxation, or revenue sharing structures and competing product offerings. 1 Page 145 of 202 2 Proportionate Share of State Funding The City of Miami Gardens City Council supports the Florida legislature equalizing the proportionate share amount of funding provided to each jurisdiction from state funds based on population of each region in Florida. LEGISLATIVE PROPOSALS Red Light Cameras The City of Miami Gardens City Council opposes legislation that seeks to limit a municipality’s ability to impose civil penalties for traffic infractions related to red light running and/or restrict a municipality’s ability to obtain right of Way permits for the installation of red light cameras with their jurisdiction. Water Surcharge Legislation The City of Miami Gardens City Council supports legislation that seeks to reinstate limitations on utility rates charged outside municipal boundaries in counties with a population of more than 1.5 million as of the most recent decennial census. PCB RBP 10‐03 Outdoor Advertising Currently Chapter 125.0102 F.S. entitled Sign Ordinances states that: Nothing in chapter 78‐8, Laws of Florida, shall be deemed to supersede the rights and powers of municipalities and counties to establish sign ordinances; however, such ordinances shall not conflict with any applicable state or federal laws. The proposed committee bill seeks to remove this language from the statue which would remove local government’s ability to regulate signs within their jurisdictions. The City of Miami Gardens City Council opposes PCB 10‐03 relating to Outdoor Advertising. Page 146 of 202 City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 24, 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: General FundLegislative 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, APPROVING THE MIAMI GARDENS “EXCELLENCE IN EDUCATION COUNCIL CONCEPT;” AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY TO CREATE A 501(C)(3) ORGANIZATION WHOSE PURPOSE IS THE IMPLEMENTATION OF THE CITY OF MIAMI GARDENS EDUCATION COMPACT; PROVIDING FOR FUNDING OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) IN FISCAL YEAR 2009-2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE Staff Summary: Background The City of Miami Gardens and Miami Dade Public Schools first adopted the Miami Gardens Education Compact of April 18, 2007. While this document was an important first step towards improving the quality of schools in the City of Miami Gardens, the plan was broad and lacked the specificity to effectuate change. In the months after the formal adoption of this plan, staff from the Miami Dade Public Schools and the City of Miami Gardens met in an attempt to place some tangible action steps to this plan. While well intentioned, it became clear that without the decision makers at the table it would be difficult to effectuate true policy changes that would be meaningful to both parties. ITEM K-3) RESOLUTION Excellence in Education Council Concept Page 147 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 During the summer of 2008, the City of Miami Gardens engaged the services of the Florida International University Metropolitan Center to assist the City and School Board in a true community based process to create an action plan for the success of schools. This process was based on the concept that the only way to improve the quality of education in the City of Miami Gardens is to engage all of the community stakeholders in the process. On June 17, 2008, the City of Miami Gardens and the Miami‐Dade County Public Schools held the First Education Compact Design Fair at St. Thomas University. The purpose of this event was to present the overall goals of the Education Compact and to engage the various stakeholders. At the Design Fair, four subcommittees formed to tackle the task of further defining the Education Compact: Improving Academic Programs, Community Involvement, Coordination of Infrastructure and Administrative Planning Efforts, and and School Safety Issues. Each group, moderated by an FIU Metropolitan Center representative, met separately throughout the summer months and into September. The result was a comprehensive action plan to improve education in the City of Miami Gardens. Current Situation: Since the summer of 2008, there has been a successful push in the community to support the Education Compact. Mayor Gibson has worked with local churches to facilitate the adoption of several local schools. To date, over $100,000 has been pledged from various businesses to support the executive PASS program in the city. Unfortunately, since the summer of 2008, Miami Dade County Public Schools and the City of Miami Gardens have faced budgetary challenges. These budgetary constraints have slowed the commitment of resources from both the City and the School Board in support of Education Compact initiatives. Even in light of these issues, the problem of education has remained at the forefront of discussions in the City and was a large part of the 2009 Strategic Planning process. At the January 27, 2010, meeting the City Council adopted the City’s Five Year Strategic Plan, in which the Council developed six major objectives; one adopted objectives was to improve the quality of education in the City of Miami Gardens. As in all major initiatives, the major challenges in implementing this objective and the action steps listed in the Education Compact are labor and funding. In an effort to address these challenges, Mayor Shirley Gibson is proposing the creation of an independent 501‐c3 organization whose sole purpose is the implementation of the City of Miami Gardens Education Compact. The 501‐c3 would be named The Miami Gardens Excellence in Education Council, and the proposed structure is as follows: • Structure: The organization would be an independent entity separate and apart from the City of Miami Gardens. • Governance: The organization would be run by a Board of Directors appointed by the City of Miami Gardens City Council and Miami Dade County Public School system. The day‐to‐day operations of the Board would be managed by an Executive Director; with policy decisions being made by an Executive Committee comprised of members of the larger Board of Directors. • Purpose: To improve the quality of education in the City of Miami Gardens through the implementation of the Miami Gardens Education Compact • Board of Directors: The Board of Directors would be made up of local business leaders, high‐ranking local educators, City representative(s) and School Board Representation. While the main mission of the board will be to improve education in the City, Board members are expected to advocate and raise money to support the organization’s mission. Page 148 of 202 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 • Funding: The City of Miami Gardens would provide support to the organization in three ways: • Initial financial support through a direct allocation of general fund dollars for no more than three years FY 09‐10: $25,000 FY 10‐11: $75,000 FY 11‐12: $75,000 Estimated General Fund Impact $175,000 • Initial in‐kind support by providing office space, and staff time to assist with the start‐up • Recurring support through the pledge of 20% of the net proceeds gained from the City’s Annual Jazz in the Gardens festival. The attached resolution is requesting that the City Council approve the Miami Gardens Excellence in Education Council concept, directs the City Manager and City Attorney to take any and all steps necessary to create the 501c3 organization, and approves the general fund allocation of $25,000 in FY 09‐10 to support the partial year staffing and start‐up costs. Proposed Action: That the City Council adopt the attached resolution approving the Miami Gardens Excellence in Education Council Concept; directing the City Manager and City Attorney to take any and all steps necessary to create the 501c3 organization; and allocating $25,000 from the General Fund in FY 09‐10 to support the partial year staffing and start‐up costs. Attachment: None Page 149 of 202 1 RESOLUTION No. 2010-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE MIAMI GARDENS “EXCELLENCE IN EDUCATION COUNCIL CONCEPT;” AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL STEPS NECESSARY TO CREATE A 501(C)(3) ORGANIZATION WHOSE PURPOSE IS THE IMPLEMENTATION OF THE CITY OF MIAMI GARDENS EDUCATION COMPACT; PROVIDING FOR FUNDING OF TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) IN FISCAL YEAR 2009-2010; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens and Miami-Dade County Public Schools first adopted the Miami Gardens Education Compact on April 18, 2007, and WHEREAS, the Education Compact was an important first step towards improving the quality of schools in the City of Miami Gardens, and WHEREAS, after formal adoption of the Plan, staff from Miami-Dade County Public Schools and the City of Miami Gardens, attempted to work out a detailed Plan but it became apparent, that assistance was needed in order to formalize the Plan, and WHEREAS, during the summer of 2008, the City of Miami Gardens engaged the services of Florida International University (“FIU”) Metropolitan Center to assist the City and the School Board with formalizing a Plan, and WHEREAS, as a result of the assistance of the FIU Metropolitan Center and a First Education Compact Design Fair held at St. Thomas University, the end result was a Comprehensive Action Plan to improve education in the City of Miami Gardens, and WHEREAS, since the summer of 2008, an enormous amount of community support has been garnered for the Education Compact, and Page 150 of 202 WHEREAS, Mayor Gibson has worked with local churches to facilitate the adoption of several local schools, and to date, over One Hundred Thousand Dollars ($100,000.00) have been pledged from various businesses to support the Executive Pass Program in the City, and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, in December 2008, both Miami-Dade County and the City of Miami Gardens faced budgetary challenges, but both are committed to the Education Compact and to improving the quality of education in the City of Miami Gardens, and WHEREAS, Mayor Gibson is proposing the creation of an independent 501(c)(3) organization, whose sole purpose is the implementation of the City of Miami Gardens Education Compact, and WHEREAS, the 501(c)(3) would be named “The Miami Gardens Excellence in Education Council” and it is to be an entity separate and apart from the City of Miami Gardens, run by a Board of Directors to be appointed by the Miami Gardens City Council and the Miami-Dade County Public School System, and WHEREAS, it is anticipated that the day-to-day operations of the Board would be managed by an Executive Director, with policy decisions being made by an Executive Committee comprised of members of a larger Board of Directors, and WHEREAS, the purpose of The Miami Gardens Excellence in Education Council will be to improve education in the City of Miami Gardens, and WHEREAS, it is anticipated that initial funding for the remainder of fiscal year 2009-2010 in the amount of Twenty-Five Thousand Dollars ($25,000.00) will be taken from the General Fund initially, to be reimbursed with a pledge of twenty percent (20%) from the net proceeds gained from the City’s Annual Jazz in the Gardens Festival, Page 151 of 202 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby approves the Miami Gardens “Excellence in Education Council Concept;” authorizes 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; and authorizes initial funding to implement the 501(c)(3) for the remainder of fiscal year 2009-2010 in the amount of Twenty-Five Thousand Dollars ($25,000.00), to be taken from the General Fund and reimbursed with a pledge of twenty percent (20%) from the net proceeds gained from the City’s Annual Jazz in the Gardens Festival. 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 FEBRUARY 24, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Page 152 of 202 1 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 2 3 4 5 6 7 8 9 10 11 12 13 14 SPONSORED BY: SHIRLEY GIBSON, MAYOR MOVED BY:_____________________ VOTE: _____ 15 Mayor Shirley Gibson (Yes) ___(No) 16 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 17 Councilman Melvin L. Bratton (Yes) ___(No) 18 Councilman Aaron Campbell (Yes) ___(No) 19 Councilwoman Barbara Watson (Yes) ___(No) 20 Councilwoman Sharon Pritchett (Yes) ___(No) 21 Councilman André Williams (Yes) ___(No) Page 153 of 202 Staff Monthly Report February -2010 CITY MANAGER • Met with City Hall principal several times working on contracts, agreements, etc.. • Met with the County and Cities on the C.I.T.T. Issue. • Met with potential new owners of the old hospital building. • Met on-site with the representatives of the GSA and FBI to survey property. • Worked on revisions to the employee manual. • Met with a Compressed Natural Gas dealer thinking of opening in Miami Gardens. • Met with Commissioner Jordan regarding C.I.T.T. • Attended Calder dedication. • Attended School Crossing guard appreciation day event. • Attended the MLK Day celebration. FINANCE DEPARTMENT (Patty Varney) 1. Submitted to Council and City Manager December and January financial report and analysis of major variances. 2. While drafting financial statement realized fiscal year 2008 year-end was not closed properly by the computer system. Beginning balance was incorrect in four funds. Performed closing again to record the entries. 3. While drafting financial statement also realized CDBG fund in FY 2008 has a fund balance of over $200,000. Since it is a reimbursable grant, it should not have a fund balance. Staff has gone back and reconciled as much as possible. Correcting entries is being written. 4. Revised P-card policy, developed transmittal form to be submitted to Finance. 5. New policy has been developed in P-card processing which takes effect on January 27, 2010. 6. Amended Capital Projects fund budget to absorb some of the overrun costs in certain projects. ITEM M-1) REPORTS City Manager's Monthy Report Page 154 of 202 1 Monthly Report • Attached is the financial report and analysis for the month of January. Since it is four months of the fiscal year, it should represent 33.33% 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. • Revenues from the State distribution which includes State Revenue Sharing, Half Cents Sales Tax, Local Option Gas Tax, and Communication Services Tax continues to come in lower than budget. Recreation revenue is also lower than budgeted. When revenues are compared to last fiscal year for the same period of time, they are short by $30,403. If trend continues the City may recognize a shortfall of approximately $180,000 for the year. Fines generated from Red Light Camera violations are approximately $250,000 per month. Should this trend continues the City may recognize an additional $1.3 million which will help to negate some of the shortfall of the State revenues. • As of January 31, 2010, the City has total investments in the amount of $20,265,403. Of this amount, $14,402,897 is with Wachovia which is available cash to fund for the operating expenses. The City holds a money market savings account with the Bank of America in the amount of $2.6 million earning 0.25% for the month of January. The other investment is with Community Bank of Florida, a $3 million certificate of deposit earning 1.18%. The City still has approximately $44,240.52 in market value with the State of Administration and $218,265 in tax certificates with Dade County. General Fund FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Property Tax 1 23,089,178 17,283,303 74.85% 23,608,249 16,328,845 69.17% Utility Tax 2 11,276,242 2,112,719 18.74% 9,890,000 2,372,733 23.99% Franchise Fees 3 5,809,802 371,888 6.40% 5,476,428 374,217 6.83% Permits/License Tax/Other Fees 4 1,925,000 1,104,505 57.38% 1,830,000 1,044,497 57.08% Intergovernmental Revenue 5 11,910,111 2,231,498 18.74% 10,899,008 2,399,223 22.01% Charges for Services 6 3,231,509 679,639 21.03% 1,914,119 506,267 26.45% Fines & Forefeitures 7 2,534,000 1,234,617 48.72% 1,251,000 242,277 19.37% Miscellaneous Revenues 8 1,535,000 453,237 29.53% 1,010,000 288,897 28.60% Non-Operating Revenues 10,957,150 430,182 3.93% 11,865,524 668,326 5.63% TOTAL 72,267,992 25,901,588 35.84% 67,744,328 24,225,283 35.76% 1 Homeowners receive discounts if paid before April 1. In FY 2010, this revenue has received 74.85% of budget, slightly higher than FY 2009 2 Variance of utility tax between the two fiscal year is attributed to telecommunication tax is $293,023 less than FY 2009 for the first two months of distribution. 3 Electric franchise fees which consists of 71.5% of the budget in this catgeory is received once a year in around August. 4 Permits and licenses is collected at 57.38% 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 Revenues received in December only reflects two month of State Revenue Sharing and Sales Tax. Lower revenue in this category for FY 2010 is attributed to lower distribution in State Revenue Sharing, half cents sales tax and Children Trust Grant. 6 Lower percentage is reflected as 50% of revenue in this category is derived from Jazz in the Gardens. Sale of tickets begain in late November. Jazz in the Gardens in FY 2010 received $171,500 while in FY 2009 January revenue only collected $38,080. Recreation fees in FY 2010 is approximatelly $30,000 less than last year for the same period of time. Partly due to some parks are closed for renovations. 7 Increase in this category is mainly attributed to the fines collected for the "Red Light Camera". 8 Increase in revenue in this catgory compared to FY 2009 is attributed to the Warren Henry payment to the City for the debt service. When compared to budget this category is lower which is attributed to Calder Revenue. When slot machines are in operation at Calder Race Course the share of revenue will begin sometime in late January or February. GENERAL FUND Revenues as of January 31, 2010 Page 155 of 202 2 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1 39,263,647 13,428,351 34.20% 37,173,956 13,097,959 35.23% 2 6,696,269 1,895,248 28.30% 6,865,132 2,023,861 29.48% 726,883 13,073 1.80% 1,327,128 332,944 25.09% 102,587 25,000 24.37% 0 0 0.00% 17,449,663 5,362,368 30.73% 12,378,112 3,577,698 28.90% 8,028,943 0 0.00% 10,000,000 0 0.00% TOTAL 72,267,992.00 20,724,040.53 28.68% 67,744,327.62 19,032,461.54 28.09% 1 Salaries should reflect 33.33% of budget. Higher percentage is partly attributed to lump sum bonus and sign on pay for the police department as well as funding grant-related positions. Also, in the Recreation Department, vacant positoins in FY 2009 were not included during the budget process for FY 2010. 2 Expenses are lower as utilites billing is a month behind. The 4% variance between budget allocation and actual is mostly attributed to the operating budget for the Miami Gardens Community Center. Since the Center is not opened it, there was no operating cost incurred. Other Uses Emergency Reserve Build Up Expenditures as of January 31, 2010 Personnel Expenses Operating Expenses Capital Outlay Grants and Aids FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Local Option Gas Tax 1 2,335,000 539,559 23.11% 2,295,000 533,587 23.25% Permits/License Tax/Other Fees 95,000 16,880 17.77% 5,000 1,260 25.20% Intergovernmental Revenue 2 985,000 224,707 22.81% 754,750 237,470 31.46% Charges for Services 5,200 1,346 25.89% 2,200 2,061 93.67% Miscellaneous Revenues 3 39,969 4,489 11.23% 26,000 5,555 21.36% Non-Operating Revenues 976,166 213,541 21.88% 1,250,696 109,778 8.78% TOTAL 4,436,335 1,000,523 22.55% 4,333,646 889,711 20.53% 1 Local Option Gas Tax distribution is lagging by one month. The revenue is slightly lower than projected as it should reflects 25% of budget. 2 Lower Intergovernmental Revenue is attributed to lower State Revenue Sharing distributions. 3 Miscellaneous revenues is lower than FY 2009 due to lower lower cash flow and interest rate of return. TRANSPORTATION FUND Revenues as of January 31, 2010 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget $2,086,740 $639,042 30.62% 1,902,357 579,409 30.46% $678,483 $174,710 25.75% 760,986 181,902 23.90% $127,585 $13,745 10.77% 121,089 7 0.01% 1 $0 $0 0.00% 298,878 298,878 100.00% $1,543,527 $479,521 31.07% 1,250,337 346,017 27.67% TOTAL $4,436,335 1,307,017.70 29.46% 4,333,647 1,406,213.37 32.45% 1 QNIP debt payment is budgeted in the Debt Service Fund for FY 2010, therefore, no debt payment is being reflected. Personnel Expenses Operating Expenses Capital Outlay Other Uses Debt Service Expenditures as of January 31, 2010 Page 156 of 202 3 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Permits/License Tax/Other Fees 1 2,429,000 1,226,119 50.48% 1,724,000 744,345 43.18% Charges for Services 2 0 0 0.00% 222,000 48,989 22.07% Miscellaneous Revenues 6,100 0 0.00% 38,626 9,030 23.38% Non-Operating Revenues 1,813,211 598,377 33.00% 1,895,958 445,221 23.48% TOTAL 4,248,311 1,824,496 42.95% 3,880,584 1,247,584 32.15% 1 More permit activities in FY 2010 reflecting in higher revenues, especially permits issued for Calder's construction. 2 Charges for services in FY 2009 is for the surcharge by the State and the County. This is not a revenue source for the City as the amount collected has to be remitted to the County or State. In FY 2010, fees collected are recognized at the balance sheet and not as a revenue source. DEVELOPMENT SERVICES FUND Revenues as of January 31, 2010 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1 2,857,048 753,393 26.37% 2,637,219 861,261 32.66% 217,997 30,151 13.83% 209,718 50,307 23.99% 22,566 0 0.00% 22,708 0 0.00% 1,158,700 371,218 32.04% 1,005,477 332,893 33.11% TOTAL 4,256,311 1,154,762 27.13% 3,875,122 1,244,462 32.11% 1 The Building Servics Division Director was vacant for the month of October, and the position of the Code and Building Services Director was vacant for the first two months in October. Further, the cost of the eliminated positions proposed in the FY 2010 budget process was not reduced. This will assist to pay for the unemployment compensation which the City received the billing quarterly. Personnel Expenses Operating Expenses Capital Outlay Other Uses Expenditures as of January 31, 2010 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1,389,409 426,470 30.69% 1,463,131 426,998 29.18% 1 4,122,222 1,278,601 31.02% 3,667,567 1,043,957 28.46% 1,908,420 323,476 16.95% 1,778,554 636,818 35.81% 1,749,821 497,747 28.45% 1,544,914 382,741 24.77% TOTAL 9,169,872 2,526,294 27.55% 8,454,166 2,490,515 29.46% Personnel Expenses Operating Expenses Capital Outlay Other Uses Expenditures as of January 31, 2010 GENERAL SERVICES FUND Revenue from the General Services Fund is mainly derived from interfund transfers from the General Fund, Stormwater Fund, Building Services Fund and Transportation Fund Page 157 of 202 4 Revenues from Capital Projects Fund are either from grants or transfer from General Fund. HUMAN RESOURCES (Taren Kinglee) • Completed Florida League of Cities 2010 Government Salary Survey • Completed and Posted the OSHA Form 300 – Summary of 2009 Work Related Injuries and Illnesses • Third dose of Hep B shots provided for Police Department • Installation and inspection of first aid kits conducted throughout departments • Training offered for Code Enforcement staff – coaching the Experience Driver • Began recruitment efforts for Parks & Recreation summer staffing • 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. FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 449,783 144,210 32.06% 362,719 82,108 22.64% 66,215 16,323 24.65% 648,528 199,160 30.71% 24,368,491 3,180,481 13.05% 53,618,135 4,554,737 0.00% 191,113 62,543 32.73% 137,579 42,027 30.55% TOTAL 25,075,602 3,403,556 13.57% 54,766,961 4,878,032 8.91% Personnel Expenses Operating Expenses Capital Outlay Other Uses CAPITAL PROJECTS FUND Expenditures as of January 31, 2010 Page 158 of 202 5 DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) Police Department/School Crossing Guard Worked with staff re: the following: • Super Bowl Preparedness Activities • Hurricane Preparedness • Red Light Camera Easement Negotiation and Business Rule revisions • Byrne Grant reporting • Nuisance Abatement Board Preparation Building and Code Compliance Worked with staff to advance the following projects: • Worked with staff to develop procedures for new programs: o Work flow/Permit Streamlining o Revenue review o Building Department File Audit 2007-2009 o Special Events Permitting o Re-occupancy Re-inspection fee ordinance revisions o Super Bowl preparedness o Departmental automation issues ( Building Plans/Code – Licensing initiatives) 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 Applications/resumes received 704 366 371 250 139 Positions Advertised 7 5 5 2 2 Interviews Conducted 60 54 37 68 61 Pre-employ Physicals 27 8 18 9 18 Background/Reference Checks 10 9 4 167 103 New Hires 13 8 2 2 7 Workers Comp Claims 22 18 7 15 16 Exit Interviews 1 2 1 1 1 Promotions 4 1 0 0 0 Page 159 of 202 6 Other • Miami Gardens Code of Ordinances Codification project • CITT • Leadership Development • CRA research/development Participated in the following Meetings/Committees (outside agency meetings): UASI Meeting POLICE DEPARTMENT (Chief Matt Boyd) Police Department Staff TOTAL BUDGETED POSITONS: 258 TOTAL HIRED TO DATE: 258 • 1 Chief • 1 Deputy Chief • 3 Majors • 9 Captains • 28 Sergeants • 159 Police Officers • 11 Community Service Aides • 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 January 2010 is as follows: ARRESTS: • FELONY 62 • MISDEMEANOR 403 Page 160 of 202 7 • TRAFFIC 296 • DUI 02 • WARRANT 43 TOTAL ARREST 806 CITATIONS: • MOVING 668 • NON-MOVING 1465 • PARKING 190 TOTAL 2323 FIELD INTERVIEW CARDS 1531 TOTAL CALLS RESPONDED TO 7679 REPORTS WRITTEN 1979 TRAFFIC CRASHES 220 The monthly activity for the Support Services Division for the month of January 2010 is as follows: Property and Evidence, Number of property items processed: 260 -Property Receipts Processed 21 -Property Receipts Rejected 22 -Property Released 58 -Property out to Lab 0 -Property to be Disposed 7 -Lab Runs to MDPD $1,534.00 -Cash Impounded 26 -Firearms Impounded *not counting CSI direct delivered to lab. Number of reports processed and number of requests made at window for records: Reports Processed 2,349 /Walkup Requests at Window 1,039 /Mail Logged In 428 /Fingerprints 65 /Background Checks 68 /Amount Collected At the Window $150,863.66. Number of calls received by dispatch: CAD Calls = 10,586 /Phone Calls = Software inoperable-unable to obtain January numbers /FCIC Entries = 203 /Page 161 161 of 202 8 Training hours = 29 Overtime Hours = approx: 397 Court Liaison and Off-Duty 878 subpoenas stamped and placed in the officers’ mailboxes. 302 off duty personnel processed and entered into Eden for payroll processing. 6 off duty vendor requests processed. 18 dispositions stamped and placed in the officers’ mailboxes. The monthly activity for the Professional Standards Division for the month of January 2010 is as follows: • Four Complaints: Case #2009-035 Case #2009-037 Case #2009-036 Case #2009-041 TRAINING • Classes Attended: 18 • Hours Taught: 1814 • Participants (Officers/Civilians): 43 The monthly activity for the Investigations Division for the month of January 2010 is as follows: Arrests – Total: 390 Felonies – 144 Misdemeanor – 167 Truants Returned-2 U.S. Currency Seized – $10,287.00 Vehicles Recovered – 23 Vehicles Recovered Value-$331,000.00 Vehicles Processed-14 Property Recovered Value-$5,800.00 Firearms Seized – 13 Search Warrants 5 Total Cases Assigned 277 Closed 178 (+18 UNF) Rate 65.25% Scenes Processed by Crime Scene Investigations Unit-135 CIP (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. Response from the County is 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. Response from the County is pending. Page 162 of 202 9 Meetings: • V. Nelson and B. DeCaro attended the Safe Neighborhood Parks (SNP) Oversight Committee Meeting on 1/29/10 and received approval for funding for a new playground installation at A.J. King Park. Art in Public Places (AIPP): Planning Phase – Christina Goetzman • Miami-Dade County Art in Public Places Staff has submitted letter designating funds to be released to the City for Scott Park ($3,900.00), Brentwood Park (11,494.36), and Audrey J. King Park (11,997.40). Meeting will be held with Vernita Nelson and staff to discuss options for allocation of funds. • 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. Proposal reviewed by City staff and City Attorney. An agenda item has been drafted and will be presented to Mayor and Council for approval at Council Meeting on 01/13/10. • Item was approved by Mayor and Council during the 01/13/10 Council Meeting. City Administration is working together with Capital Projects and City Attorney to draft acceptance letter to be submitted to Miami-Dade County AIPP. CAPITAL IMPROVEMENT PROJECTS: Demolition of Wachovia Building Site: Planning Phase – Brandan DeCaro • Schedule, planning options & preliminary estimate for site improvements has been reviewed by City Manager & Deputy Manager. • Bid advertised on 9/8/31/09; Pre-bid meeting on 09/09/09; • Bids were opened on 09/26/09. • Award of Demolition is on hold pending decision by City Council regarding the options for the proposed City Hall & Police Building. New City Hall: Planning Phase – 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 Town Center Project. The project will include the new City Hall, Police Department Building and Parking Garage. • All staff comments received and incorporated into building programs. 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 program for the buildings was review, and revised with the City Manager, Deputy Manager & Assistant Managers. • City Council Workshop held on 11/18/09 for proposed City Hall and new Police Building. Page 163 of 202 10 Police Building Major Interiors Construction: Close-out Phase – Jimmie Allen • The Building Department has not issued the Final Certificate of Occupancy for all of the work under Miami Skylines Contract. • Miami Skyline Construction is still pending final negotiations and final payment. No Change since last report. Meeting has been scheduled with Miami Skyline to resolve all close-out issues. Police CSI Lab: Construction Phase 100% completed – Anthony Smith • Punch List completed and final walk-thru inspection conducted on 12/18/09. • The Grand Opening for the CSI Lab was held on 2/02/10. 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 site. • The City has instructed the consultant, URS to respond to the latest letter from DERM. • The consultant has prepared a proposal for the Source Removal Design and planning. That work can start as soon as the City authorizes URS to proceed with the Source Removal Design process. • 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. • 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. • Staff will shortly engage URS to begin the project re-design to incorporate all new programmatic issues associated with the proposed Fuel Management system and the DERM environmental issues. Miami Gardens Community Center (MGCC): Construction 96% complete – Jimmie Allen • A/E has completed the initial Punch List for the main building. The Punch List was issued to the contractor on 2/08/10. • The contractor is working on correcting the Punch List items for the main building & the site. Page 164 of 202 11 • The three Restroom/Concessions Buildings have not achieved Substantial Completion yet. The A/E will start the Punch List as soon as the electrical inspections are approved by the CMG Building Department. The Final Inspection was denied and the Engineer of Record has to provide to the Contractor the method to correct the electrical issues resulting in the denial. FPL will be scheduled to set meters and energize the 3 buildings shortly after the electrical issues have been resolved. • Pool -Mechanical duct work at pool boilers was completed on 2/15/10. Final connection of power to the boilers and exhaust fans are pending. The final electrical connections should occur by 2/22/10. • Track & football field are complete – The artificial playing surface is complete. Final running surface for the track is complete. The Punch List inspection occurred on 2/10/10. The field is awaiting the Final Inspection by all parties. • Sports lighting for the field are installed and energized. The light fixture photometric’s photometric’s will be tested on 2/18/10 after dark. • 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 remaining $50,000 will be reimbursed once the bleachers are completed. • Bleachers and Press Box Contractor received the Notice to Proceed on 10/26/09 and the firm has begun the design and preparation of the Construction Documents for permitting and installation. The Firm has 135 days to complete the work from the NTP date. Staff met with Bleacher contractor on 11/06/09 and the construction documents were submitted for Internal Departmental review during the week of 11/16/09. The Bleacher Contractor is addressing Miami-Dade County Fire Department comments and has submitted plans to the CMG Building Department for review. A coordination meeting was held to determine the course of action to take regarding Fire Department requirements. The bleacher contractor met with the MD Fire Department to to clear up all issues. • Parking Lot light fixtures have been installed. East Parking Lot lights still have to be energized. • The landscaping and site irrigation is in the final stages of completion. The irrigation system is being tested and is scheduled for automatic operation by the end of the week of 2/15/10. • The contractor requested a 118 day time extension, which was approved during the 11/11/09 City Council Meeting. Additional time will have to be considered for another delay due to additional requirements by the Miami Dade Fire Department during the final inspection. • 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 is pending. Miami Gardens Community Center Amphitheatre: Design 5% completed – 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 8/8/18/09. Page 165 of 202 12 • 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 design of the Amphitheatre was approved during the 12/09/09 City Council Meeting. • The Design Kick-off Meeting was conducted. The Notice to Proceed for the A/E was issued on 2/08/10. The Schematic Design Review Meeting is scheduled for 2/22/10. Rolling Oaks Park -Four new tennis courts: Construction 100% complete – Jimmie Allen • The closeout documents have been submitted and the final payment to the Contractor has been approved. Rolling Oaks Park-Sports Lighting for new tennis courts: Construction 100% complete – J. Allen • Project completed ahead of schedule. • The closeout documents have been submitted and the final payment to the Contractor has been approved. Rolling Oaks Park: Design Phase 90% 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. • 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. Bunche Park & Pool: Design Phase 96% 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. Page 166 of 202 13 • 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. North Dade Optimist Park Sports Lighting: Construction 100% completed – Anthony Smith • Sports lighting fixtures purchased by Miami Gardens. • Preconstruction meeting for installation of sports lighting held on 4/22/09. • Survey performed to layout boundaries for the baseball and football fields on 5/05/09. • Five existing light poles with fixtures were demolished on 4/28/09. Remaining existing poles were retrofitted for the new Musco light fixtures. • Underground conduit installed with modifications to the Electrical room. New panel & wiring for electrical room installed 6/8/09. • Punch List prepared 6/26/09. Final inspection for Punch List items held on 7/24/09. Installation of sports lighting fixtures completed. • Waiver and Release of Lien Form upon final payment submitted by contractor. • Revised SNP Contract was received on 2/16/10. The final reimbursement payment from the Grant Agency is pending. North Dade Optimist Park: Design 100% completed, Bid Phase started – 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. • Parks plans approved by Miami-Dade Fire. Reviewed by DERM and MDWASD. Additional information requested and accepted 5/08/09. Final approval pending. • 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. • A/E has addressed comments from MG Building Department and DERM. • 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. Page 167 of 202 14 • The Construction Documents for the Recreation Building and site was approved by the MG Building Department on 11/10/09. • 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. AE currently addressing comments. • The Construction Documents were re-submitted to the MG Building Department to address MG Public Works Department comments on 02/10/10. • The bid advertisement for the project is pending the Public Works approval. Norwood Park & Pool -Pool Building Renovation: Construction 100% complete –– 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 is been completed. The reimbursement from the Grant Agency pending. Norwood Park & Pool-Pipe Replacement Project: Construction 23% 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. • 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. • 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. • Procurement Department reviewed references and insurance information from single bidder. • City Council approved and awarded construction contract on 1/13/10. • Pre-Construction/Kick-o ff meeting was held on 1/21/10. • The pool piping replacement commenced on 1/28/10. • The demolition and installation of the domestic plumbing and pool piping is also underway. Miami Carol City Park: Construction 23% completed – Anthony Smith • Contractor for new Recreation Building and Site Improvements on hold pending final approval of site utility plans from WASD and DERM. Page 168 of 202 15 • 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 Doc’s 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. • Footing excavation, reinforcement, compaction and concrete placement complete. The placing of the concrete columns complete. The reinforced masonry shell of the Recreation Building is substantially underway. • The underground plumbing and electrical are underway. • 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. • The roof truss fastening to the steel plates is in progress. • Concrete slabs poured, beams for trusses and steel connector plates embedded and poured. • A Preconstruction meeting with Miami Dade County Water and Sewer (MDWASD) and MG Public Works Department for the sewer line installation was held on 2/09/10. Miami Dade Public Works has postponed planned county roadway improvements to the right-of-way until after the MG General Contractor completes all off-site work associated with this project. Miami Carol City Park Sports Lighting: Planning 90% completed –Brandan DeCaro/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. • Approval of Light Replacement proposal is scheduled for 2/24/10 City Council Meeting. Generator Installation at Parks Inspection Station: Construction 100% complete – A. Smith • Electrical work for the transfer switch for the portable generator started on 10/06/09. • The portable generator was started and tested with City Staff, switching the power from the utility main to the manual transfer switch, on 11/18/09. • Close-out documents received and final payment has been processed. Page 169 of 202 16 Generator Installation at various Parks: Biding 100% complete – 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. • Construction will commence once Purchase Order has been issued. BUILDING AND CODE ENFORCEMENT (Sharon Ragoonan) BUILDING SERVICES (Shellie Ransom) REVENUES: Building Permits $ 187,622.75 Certificate of Occupancies (CO) 3,447.74 40 Year Recertification 900.00 TOTAL $ 191,970.49 EXPENDITURES: Salaries & Wages $ 99,996.31 Personnel Benefits 32,768.65 Contract Services 0.00 (Professional Services) Operating Expenditures/Expenses 245.22 (Travel & Per Diem; Postage & Freight Utilities; Rentals & Leases, etc.) Operating Expenditures/Expenses 2,937.73 (Supplies; Other Operating Expenses; Uniforms; Books; Education & Training, etc.) Capital Capital Outlay 1,478.33 Other Uses *74,522.67 TOTAL$ 211,948.91 *for two accounting periods. PERMIT APPLICATIONS SUBMITTED: Building 323 Certificate of Occupancies 12 Demolition 6 Electrical 149 MDC Permit Closures 5 Mechanical 31 Page 170 of 202 17 Plumbing 47 TOTAL 573 INSPECTIONS PERFORMED: CITY STAFF Building 687 Electrical 180 Mechanical 70 Plumbing 165 PROFESSIONAL SERVICES Electrical 44 TOTAL 1,146 UNSAFE STRUCTURES CASES: Issued 6 Board Hearing 12/16/2009 6 TOTAL 12 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 1 Total – Construction Value $ 5,255.46 Residential Permits 1 Total – Construction Value $7,993.04 MAJOR PROJECTS: 1. Special Events Requests: 15 application submittals a. 5 applications approved b. 3 applications denied c. 3 applications in review d. 4 applications not applicable 2. D R Horton Coconut Cay: plans, permits and inspections performed on a timely basis. 3. AARP Volunteer Program 4. Annual Boiler Inspection Program 5. Concurrent Plan Review 6. Action Plan Items (In process): a. EDEN system overhaul. Modification to the EDEN system in progress, which involves the assistance of the CMG Information Technologies Department and key personnel at the City of Palm Beach Gardens: Page 171 of 202 18 • Reduction of permit types • Simplification of permit fee calculation • Online view of plan review comments and inspection results • Building permit fee analysis. Recommendations for amendments forthcoming. CODE ENFORCEMENT (Roderick Potter) The following administrative, enforcement and licensing highlights: • Conducted a Re-occupancy follow-up meeting to discuss progress. • Eden Conference call to discuss system issues. • Attended the vehicle tracking system seminar. • Reviewed SOP’s with Building & Code Department Director. • Conducted a licensing & Property Maintenance sweep of NW 183rd St. & NW 27th Ave Plaza. • License & Housing Enforcement Manager and Sr. License & Permit clerk attended the Women’s Fund Dinner. • Processed and mailed the Land Lord Permit renewals. • License & Housing Enforcement Manager attended the KAPOW meeting. • Met with IT to discuss having a tri-lingual voice queue for Code Compliance front desk phones. • Code Officer’s received sign code training via Zoning Administrator. • • Code Staff that operate City vehicles attended “Coaching the Experienced Driver” training. • Supervisor O.Taylor attended Tea with the Residents. • Met with Miami Gardens PD to discuss Pro Bowl /Super Bowl enforcement safety plans. • Code Compliance conducted enhanced illegal vendor sweeps for the FedEx Orange bowl game. • Conducted illegal vendor sweeps for the Pro Bowl game. • Conducted the weekly Code Compliance Management meeting. • Division Director and Licensing Manager met with Dynacolor to present the revised Citizens’ Guide to Code Compliance. • Conducted a field ride-along with the KMGB Director and City Engineer for review of the commercial property locations maintenance project. • Conducted monthly field zone review with Code Compliance Supervisors. • Conducted monthly Code Compliance Departmental Meeting. • Attended the EDEN Users Group monthly meeting. • Attended forum meetings with Mt. Zion Church Officials for the Non-Violence /Safety Rally March. PERSONNEL Staff Development: • All CEO’s attended the Gold Coast Association of Code Enforcement (GCACE) network and training. • Conducted monthly general staff meeting and weekly management staff meeting. Page 172 of 202 19 Licensing Stats Oct 09 Nov 09 Dec 09 Jan 10 New Business Tax Receipts 26 25 31 40 New Certificates of Use 23 22 28 29 New Alarm Permit Accounts 63 53 61 61 New Landlord Permit Accounts 3 6 6 54 Business Tax Receipts Issued 196 67 183 139 Certificates of Use Issued 169 63 159 132 Alarm Permits Issued 88 519 413 108 Landlord Permits Issued 21 4 2 1 CODE Stats: Oct 09 Nov 09 Dec 09 Jan 10 Business Tax Receipt Inspections 47 33 49 64 Certificate of Use Inspections 47 33 49 62 Landlord Permit Inspections 45 45 11 7 Warning Notices Issued 430 229 217 325 Civil Violation Notices Issued 121 121 129 221 Re-Inspections 405 337 305 396 Special Master Hearings 17 32 11 28 Massey Hearings 16 30 26 50 Lien Reduction Amnesty Request Hearings 16 12 10 6 Extension Requests 38 32 31 36 Complaints Received 219 128 90 134 Proactive Cases 319 129 184 301 Cases Closed Within 30 Days 176 133 102 111 Cases Closed Within 60 Days 12 6 15 12 Cases Closed Within 90 Days 14 3 2 13 Special Operations-Code 7 3 2 34 Special Events 0 0 2 5 Illegal Signs Removed 638 739 566 517 Phone Calls Received by CEOs 224 218 213 229 Parking Tickets Issued 21 6 7 34 Lien Searches 121 157 136 109 Joint Operations-MGPD 2 3 0 14 PD Requests for CE 22 14 9 21 Storm water Postings 0 0 0 0 Abandoned Vehicles -Tagged 76 18 10 32 Abandoned Vehicles -Towed 3 1 0 6 Page 173 of 202 20 SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • Training and Orientation of New Hires (02/12/10) Meetings Attended: • Departmental mtg. w/DCM Renee Farmer 02/08/10, 02/16/10 • Director’s Mtg.-02/11/10 • SCG Employee Staff Mtg.-02/11/10 • Agenda Review/Staff Meeting – 02/04/10 • CTST Meeting-02/01/10 (cancelled) Meetings scheduled: • CTST Coalition Meeting – February 1, 2010 Misc: Friday, February 05, 2010-School Crossing Guard Appreciation Day-The governor has designated the first Friday in February as School Crossing Guard Appreciation Day. A Meet and Greet was held at Scott Park on February 5th (refreshments were served). Employee Incident Reports: • Total: 0 Terminations: 0 Resignations: 0 New Hires: 9 ASSISTANT CITY MANAGER (Vernita Nelson) • Facilities – Working sign vendor to complete Phase 1 of the Signage Plan for City Hall. During this phase stenciling on all office doors will be updated. • Media & Events Division – Working with staff, production and sponsorship contractors to prepare logistics for the Fifth Annual Jazz in the Gardens festival • Capital Improvement Projects Department – Continue to assist with capital improvement projects; Working with Miami Dade County Cultural Affairs Department to implement an Art in Public Places process to satisfy grant Housing Stats Oct 09 Nov 09 Dec 09 Jan 10 Re-occupancy Inspections Re-occupancy Certificates issued Administrative Foreclosure Inspections 40 35 22 37 39 5 47 45 4 51 50 0 Page 174 of 202 21 requirements associated with the Miami Gardens Community Center; Toured the Community Center with the Director of NFL Charities and Youth Football Fund. • Miami Gardens /Opa Locka Youth Violence Initiative – The Children’s has granted an extension to our third year grant; scope of services and associated budget is being negotiated. The new Project Director, Rachel TaalibDen has joined our team. • Public Works Department – Continue to assist the management team with implementation of operational processes and practices that will streamline/improve communication and accountability within the department • Weekly Department/Division Meetings • City Manager’s Office – Oversight of the Employee of the Month Program. • Progressive Young Adults Committee – Members participated in the Annual MLK Celebration and have made plans to assist staff with the Census 2010 “Be Counted” public awareness campaign. Committee meetings are held every 3rd Sunday of the month. Additional Meetings: • 1/18 – 6th Annual MLK Jr. Celebration • 1/27 – YV Project Director interviews • 1/29 – Safe Neighborhood Parks Advisory Committee; B.M. Lifter Park Dedication • 2/3 – Leading Ladies Spectacular • 2/5 – School Crossing Guard Appreciation Day COMMUNITY OUTREACH (Lillie Q. Odom) • Finalizing plans for the Employee Annual Heritage Celebration to be held in recognition of Black History Month. – February 26, 2010. – 12:00 -12:30 Pm • Coordinating a trip to transport some seniors to the; “Ambassadors for Aging Day” to be held in Tallahassee, Fl. -March 10, 2010. • Coordinating a Historical Event city-wide; by utilizing the participation of the residents in the city. • Participated in the National Discounted Prescription Cards Conference held monthly via telephone. • Attended the Alliance for Aging Conference Community and Committee Meetings attended Page 175 of 202 22 o February 2, 2010 -Attended Miami War on Poverty Board Meeting, held at Cope North Center... o February 4, 2010 – Invited citizens in the city to participate in the Census Job Fair. o February 5, 2010 – Attended a meeting for the Out-reach and Historical project with citizens in the city. o February 9, 2010 -Coordinated a Blood Drive with the Community Blood Bank... o February 15, 2010-Attended a meeting with World Care, Inc.; efforts continue to assist Haiti. o February 17, 2010 – Attended the American Society for Public Administration (ASPA) South Florida Chapter Luncheon Discussion – Subject : Historical Perspective and Contribution of African Americans. o February 17, 2010 -Attended the monthly Elderly Affairs Meeting, held in the City Conference room at 3:00 pm. o February 17, 2010 -Attended the monthly Miami Gardens Commission for Women meeting, held in the City Conference Room at 6:30 pm. MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • Completed the February issue of the Community Newspaper. The January issue is available online at www.communitynewspapers.com. At present we are working on the March issue. • The Miami Gardens Census team, comprised of Jay Marder, Antranette Pierre and Ula Zucker is working diligently to get the City of Miami Gardens counted in the 2010 Census. The team has been meeting regularly to plan various unique ways of promoting Census to hard-to-count communities located in Miami Gardens. Jay Marder can provide a complete report of past, present and upcoming activities in detail. However in brief, we recently held a Census Job Fair with an attendance of over 130 people. Upcoming events include a community outreach effort on March 14 and a Census Day event on March 28th. Locations will be provided. • 2010 Jazz in the Gardens artists have been finalized. Artists include Mary J. Blige, Robin Thicke, John Legend, Joe Sample, K-Jon, Tina Marie, Melanie Fiona, Cassandra Wilson, David Sandborn and Boyz II Men. Tickets are currently on sale through Ticketmaster. To date over 18,000 tickets have been sold. Currently we have over 32 food vendors and 37 merchandise vendors committed to the event. We are no longer accepting food vendor applications. Visit Ticketmaster.com for Page 176 of 202 23 ticket or the Dolphin Stadium box office. Also visit jazzinthegardens.com for tickets and information. • The souvenir journal program book for Jazz in the Gardens has become a it’s own standing project. This particular project would create a program book for the festival that would also serve as a destination guide for visitors. We have been working closely with the publisher SternBloom Media to successfully produce to media guide. • Preparation for the Miss Miami Gardens Scholarship Pageant is underway. Recruitment is still in process and will cease five days before the pageant. Recruitment information has been distributed throughout the City, including local high schools and universities. Judges for this year’s event have been finalized. Former Miss America and Miss Florida Ericka Dunlap will be present as well as the current Miss Florida Rachel Todd. Tickets for the event which will be held at Florida Memorial University’s Lou Rawl Performing Arts Theater, are on sale through the Events and Media Department and will be available at the box on office on show day. For more information about the pageant please visit the website at www.missmiamigardens.com. • Events and Media staff joined the IT department and attended a training facilitated by Sonja who presented information to staff about Florida Law in regards to municipal government operations. This was a two-part training. • 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 twelve bid/RFP: Fitness Center Management Home Rehabilitation 1140 NW 185th Terrace Home Rehabilitation 18135 NW 25th Court Purchase Sports Equipment Purchase Sports Uniforms Purchase Fitness Equipment Purchase Auditorium Equipment Annual Contract for Emergency Board-Ups Home Rehabilitation 3511 NW 208th Terrace Emergency Advisory Radio System Pre-Qualification – General Contractors Installation of Laptop Mounts – PD vehicles 2. Prepared and issued five quotations: Furnish custom Recycle Containers Installation of Trees Furnish Custom Embossed Dog Tags Page 177 of 202 24 Door and Frame Replacement Plumbers – Super Bowl Project 3. Preparing specifications for the following: Annual Contract for Storm Drain & Canal Maintenance Installation of Security System – City Hall LAP projects B – sidewalks & resurfacing of FHWP roads Parks Concessionaire Management Services Football Equipment Annual Contract Purchase Plants & Trees Annual Contract Lot Clearing Annual Contractor Fleet Car Washing Services 4. Issued 245 Purchase Orders 5. Continue to maintain Fixed Assets (ongoing) 6. Continue to order and assist with auditing fuel card program 7. Continue to train and assist City staff on Eden software 8. Continue entering contracts into Contract Management (ongoing) 9. Continue assisting vendors with on-line vendor registration Bids & Quotes – bid vendors (ongoing) 10. Updating the Procurement Web Page 11. Held vendor workshop 02/02/10 Purchases $25,000-$50,000 Date Vendor Service/Project Amount 1/19/10 Delcons NSP 18820 NW 8 Ave $67,015.00 1/21/10 Environmental Protection Services NSP 981 NW 181 St $64,912.00 1/15/10 Cross Telecon Upgrade PD phone system $41,742.68 1/29/10 Avaya Phone system annual maintenance $33,221.45 INFORMATION TECHNOLOGY (Ronald McKenzie) IT Dept Overview This Status report covers the activities of the Information Technology Department for the period from 01/20/2010 through 02/17/2010. It is organized into the following areas: • Significant Accomplishments Page 178 of 202 25 • Significant Issues • Schedule Status • Travel Activity o Significant Accomplishments 􀂃 Began “OUR PROMISE” campaign. Worked with DCM Renee Farmer to put the finishing touches on the document created by “Team Positive” and myself to help is setting a corporate culture. Received by-in by the Department heads and began passing on the information to all city staff. Directors have been directed to discuss the pledge with their staff, sign a copy in front of the staff and have their staff sign on to represent by-in. We will discuss feedback from staff at the next directors meeting. 􀂃 We ordered and received labels for all IT assets city wide to include PD, CH and Parks. We also have a scanner for scanning the devices and created a database in access for keeping track of all assets. We began the scanning process and are about 5% Complete. I expect to have all assets scanned and accounted for by the end of April 􀂃 Continued work on new Census website for Miami Gardens. Posted various items and created necessary links for job fair and other items to provide information to the community. We have been working with Jay Marder and Antranette Pierre to ensure format and information is in agreement with objectives set by CMG. 􀂃 Continued work in support of Miami Gardens Community Center project. Ordered and received the Switching gear. Ordered and received the Data Center Rack. We are in the process of installing the Data Center Rack. We have submitted the PO for the telephone system which will be installed after the switching gear. All IT Items are on schedule. We have also continued to update the IT Project Plan and keep track of any changes to the Master Plan. Page 179 of 202 26 􀂃 Continued employee training for various Microsoft products. Training was held in Basic Computer Skills and Excel. Additional classes for basic computer skills and Excel will be help for Public Works, SCG and Parks in January and February. 􀂃 Conducted a well received and attended class on Laserfiche. 􀂃 Our Shared Admin with Purchasing, Jenny Pouerie, began. 􀂃 Created Time of Day Menu for the building department 􀂃 Received the 10 laptops for Code Enforcement mobility project. Will have them configured and rolled out my 3/15. 􀂃 Continued deploying new AT&T aircards to PD officers. Will continue slow rollout until aircards have been divided into a 50/50 split between AT&T and Verizon. 􀂃 Continued deploying Kaspersky anti-virus software for laptops, desktops and servers. Trend Micro (the previously used antivirus solution) was not catching all the threats. We have competed about 88% of the cities assets. Process for rolling it out to all devices expected to be completed by the mid March. 􀂃 IT Team continuing their testing of Windows 7, MS Server 2008 and some virtualization products, in preparation of capacity planning and creating a more efficient environment. 􀂃 IT Team running a pilot with Microsoft Communicator. Page 180 of 202 27 􀂃 Continuing work on new website. Expected to roll out NLT End of February. Delays have been caused due to new website launch for Census and various updates to different department sites. 􀂃 Continued working with P&Z to work on installing CASS system for checking and correcting all addresses in EDEN. Still working to remove all errors but the potential for clearing up our address database looks promising. 􀂃 Worked with Tyler Technologies to perform an audit of the CMG EDEN implementation. Building and Code Compliance with the help of Public Works provided the necessary assistance needed to fund this project. Tyler will be performing an audit and will follow up by delivering a detailed analysis of our system and the necessary training needed to get us right and help us to sustain the system effectively. They will also provide 1 week of customized training specifically for CMG. This scheduled to take place in March. 􀂃 Continuing our work on a weekly basis and on weekends with Bldg Department to clean up fee structure and routing for permit processes 􀂃 After approval by council on 1/27/10, placed Requisition for 100 laptops for the Police Department to replace the older and malfunctioning Motorola laptops 􀂃 Continued regular Meetings with CIP, Park and Architects on AV system and Security system for MG Community Center. 􀂃 Found candidate via interviews held for Web Master Position. Current consultant serving as our web master, Sean Williams was selected. He is currently going through the background check. 􀂃 Received and installed furniture for Police Department IT Computer room and IT staff Office. Page 181 of 202 28 􀂃 Successfully installed upgrade to OSSI. 􀂃 Worked with City Attorney and Pam Thompson to resolve issue with Host.net to cancel service on 10 MB line at Cloverleaf and cancel the contract so that no additional payment for that circuit occur. o Significant Issues 􀂃 Motorola laptops continue to break down at an alarming rate. Waiting on approval by Council, so that we can order the new Dell Laptops. Once approved, I will order them in sets of 50 to keep order and maintain space for deployment. 􀂃 Continue to have issues with the TOPS application in EDEN. This has caused a stoppage in automatic sending of faxes when POs are created and causes some users not to receive their pay stubs via email. o Schedule Status 􀂃 Working with AIP LLC to come up with an RFQ for virtualization and storage capacity. 􀂃 Working with Telecom and Co-location vendors to establish a collocation site and arrange for telecom services for the entire CMG enterprise. o Travel Activity 􀂃 Mario scheduled to attend MCITP – Technician Technician training in March. 􀂃 Sylvia scheduled to MS Server Training in Ft Lauderdale in June. Page 182 of 202 29 􀂃 Ron and Tristan attended APCO (Association of Public Safety Communications Officials) conference at the end of January 􀂃 Ron attended FLGISA conference and CCIO Module III training in Orlando first week of February. 􀂃 Chas scheduled to attend INAAU ( Avaya Users Group) Conference in April 􀂃 Tristan scheduled to attend MS training in April 􀂃 Gardimyr attend Cisco training during first week of February. PUBLIC WORKS DEPARTMENT (TOM RUIZ, DIRECTOR) 1. Staff continues to clean and maintain bus bench areas throughout the City, which at times warrant changing old and worn out containers. One of these reasons is due to the graffiti that is placed on our trash containers and sometimes benches. So we have teamed up with Code Enforcement to clean up the graffiti around the City. This has been a very productive venture. 2. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. We are also spraying curbing and paved medians for weed control. There are many areas where we have planted new trees to help the canopy of the city as well as beautify our residential areas. 3. Two streets crews continue to repair sidewalks throughout the City. 4. Staff continues to trim and prune trees citywide, especially during the upcoming hurricane season. This also gives residents an added security. The staff also did a great job in three areas, the MLK Day, The Pro Bowl and The Super Bowl. Roadways were kept clean, garbage cans were emptied on time, aesthetically, and all appeared well. 5. We have taken our storm water Division to another level on cleaning our drains around the City. We have both combination vacuum trucks on the road battling debris and sedimentation within our storm systems. We are making a great impact on these systems we are cleaning. Flooding has decreased in those areas. 6. Public Works issued 42 permits of which 33 for driveways, 2 for water and sewer, one for banners and 6 for utilities. Page 183 of 202 30 7. Solo Construction Corporation continues working on the construction of the “Neighborhood Improvements-Kings Garden I & II”. The drainage installations are completed. The landscaping is completed except for the sod. The project is scheduled to be substantial completed by the end of February. 8. The installation of the sound wall is completed and the painting will be finished by February 25, 2010. On February 17, 2010 staff will walk the project and create a punch list. 9. The City of Miami Gardens Council approved a budget of $371,207 in America and Reinvestment Act of 2009(Recovery Act) Community Development Block Grant funds in May 27, 2009. The budget included $ 128,405.00 to fund drainage improvements in the Bunche Park Neighborhood Revitalization Area that Public Works will carry out. This project will cover NW 161from NW 26 Avenue to West Bunche Park DR and 162 Street from NW 26 Avenue to NW 162 Street Road. DERM has approved the plans. The design plans will be completed by March 5, 2010. 10. On January 10, 2010 Straightline Engineering completed the storm water improvements on NW 28 Ave and south of NW 167 Street, in front of the Golden Glades Elementary School. To alleviate the flooding issues we have installed 170 linear feet of French drainage, 4 catch basins and reconstructed 1,100 square yards of swales so water will percolate into the ground. 11. In order to alleviate water standing, Straightline Engineering has reconstructed 620 square yards of swales on NW 195 Street going east from NW 17 Ave to the cul-de-sac. 12. On January 21, 2010 Tran Construction started working on the sidewalk replacement as part of the Capital Improvement Project. The Contractor is currently working on the area of NW 186 St and NW 188 Street from NW 7 Avenue to NW 8 Avenue. 13. Staff met for final review of the Miami Gardens Drive Landscaping Project -2nd phase (Project is between NW 27 Avenue and NW 47 Avenue on NW 183 Street) plans and make any additional comments to be forwarded to Calvin, Giordano & Associates. Calvin Giordano & Associates will be submitting the landscaping plans to FDOT, DERM, and WASD for review. Staff received revised plans from Calvin, Giordano & Associates addressing Public Works comments. Staff was informed that plans will be submitted to FDOT for preliminary review on February 11, 2010. 14. On January 19, 2010, staff coordinated the first Dolphin to Tootsie to be displayed in front of their entrance area (This is a project by Councilwoman Watson and the Junior Council). 15. The Floodplain Administrator met with the Scott Lake Crimewatch Group on January 28, 2010. Page 184 of 202 31 16. The Director met with Norwood Crimewatch Group on February 8, 2010 17. The NW 7 Avenue Road Improvement Project Plans are back to getting completed due to the County delay of two traffic circles. The City will pay the difference to keep the traffic circles in the project for the benefit of the residents in the area. This will allow the residents to make a u-turn to enter their property from the opposite side of the road. Keep Miami Gardens Beautiful Earth Hour 2010 • Planning Energy Efficient In Class Initiative • City is working on an in class project with North Dade Elementary School. The goal of the program is to do hands on research with the students to study the impact of energy efficient products. UCF Grant • Submitted Winter Beautification Award Awarded Arbor Day Planning event MLK Day • Completed Green Up Clean UP Day • Countywide event. 1/23/10 • City has selected Norwood Elementary school for volunteer planting effort • completed Landscape Maintenance • Still moving south on 441 medians planting drought resistant plants (bougainvillea, green island ficus, red tipped coco plums and variegated aboricolas). • Each month approximately 100 tress will be installed along residential communities. • 35 cassias have been installed in front of Golden Glades Elem. • Painting entrance signs Punch list items for Super Bowl • Crews did an awesome job of preparing the city for these two events. Page 185 of 202 32 Installation of water features on NW 27 Avenue and NW 215 Avenue Cooperative effort with Miami-Dade County, Calder Race Course (has agreed to pay for half of the cost of the fountain) • Fountains installed • Submitted Miami Dade permit for approval-under review Florida Turnpike Authority Working with F.T.A to have $25,000 worth of Royal Palms planted at the entrance to turnpike near Dolphin Stadium in time for Pro Bowl and Super Bowl. Has been approved by FTA – completed Community Beautification projects • Ongoing • 4 major community projects completed this month Code Enforcement partnership • Creating common landscape material reference guide for Code Officers. • Working with Code to identify issues with commercial property owners. 2009 PSA TV Commercial in production-will be in the theatres and cable station in March Completed 2009 Radio PSA ASSISTANT CITY MANAGER (Daniel Rosemond) 􀂾 Land Development Regulations (status)– During this period, I have continued to work with Planning & Zoning staff on addressing comments from City Council pertaining to the draft LDR documents. Because of the importance of this document, it was determined that there would be 3 readings by the Zoning Board (Council) in order to adopt the LDR’s. 􀂾 Infrastructure Improvement project (Kings Gardens I & II)-Lighting-This project continues to progress very quickly and is expected to be completed by the end of February. It had been anticipated that improved lighting was to be part of this Livable Neighborhoods Initiative project. However, staff has hit a stall with Miami Dade County Special Taxing District as it pertains to their commitment to adding additional light poles to meet adequate lighting standards. Staff will continue to pursue this matter, as it may require an amendment to the County ordinance that created the special taxing district. 􀂾 Sunshine State International Park – A primary objective for the City in its 5-year strategic plan is the redevelopment of this industrial park. Staff’s approach in doing this is to establish a public-private partnership with the property owners in the park. Recognizing the need to address public right Page 186 of 202 33 of way improvements, it has been determined that an infusion of significant funds is necessary to address those improvements, as well as serving as a catalyst to spur private commitment. To this end, staff has coordinated with the Mayor and Commissioner Jordan, along with other Miami Dade County staff members to tour the area and request that Recovery Zone Bond dollars be allocated to this redevelopment effort. 􀂾 City Parks Lighting Projects-The Capital Improvements department is moving forward with the installation of lights in two parks, Carol City and Brentwood. It is staff’s hope that these projects will be completed prior to the upcoming youth football season. It is noteworthy that staff is utilizing economic stimulus funds received thru the Department of Energy for at least a portion of these two projects. Scheduling and coordination between departments is critical in order to accomplish this effort. 􀂾 Grant Reporting-As a result of various federal initiatives, the City has received almost $9M in in ARRA funds and NSP Funds. A component often overlooked in these grant allocations is the extensive and frequent reporting of activities undertaken by the City using these funds. In order to adequately keep track of all of these funds, much of the reporting for these grants remains my responsibility in my capacity as CD Director. In addition to these federal initiatives, the Community Development Department continues to manage its regular CDBG allocation of approximately $1.4M, as well as additional funding from the County (Disaster Recovery Initiative) in the amount of $1.7. 􀂾 Economic Development Efforts-thru combined efforts with the E.D. Manager for the City, the following activities have been undertaken over the past month: • Hosted two small business workshops “How to Do Business with the City” and “Business Incentive Program Recruitment Drive” • Approved business loan to Lulu’s Carwash for buffer wall construction, $32,922 • Hosted Census Job Far, 2/4/2010 (138 persons attended; 125 tested) Participated in the following meetings: • Conducted a tour of both industrial parks with Mayor & Commissioner Jordan • Two (2) meetings with recreation staff to discuss expectations and challenges • Attended several meetings with optimist club representatives to go over transition from optimist to City of Miami Gardens Youth Sports program • Attended the Bennet Lifter Park renaming event • Attended the Project IMPACT steering committee meeting Page 187 of 202 34 REREATION DEPARTMENT (Kara Petty, Director) 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. • A.J. King Park: thirty-seven (37) participants • Bennett M. Lifter Park: sixteen (16) participants • Brentwood Park: forty (40) participants • Buccaneer Park: fourteen (14) participants • Bunche Park: fourteen (14) participants • Miami Carol City Park: twenty-eight (28) participants • Myrtle Grove Park: eight (8) participants • Norwood Park: thirty-nine (39) participants • Rolling Oaks Park: forty (40) participants • Scott Park: forty-two (42) participants Kid’s Day Off Program: January 22nd, field trip to Boomers including lunch; occurred at all Shining Stars After-School locations. A.J. King Park • There is line dancing taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. • Every Tuesday and Thursday morning from 9-10:30am, participants are engaged in Chair Yoga promoting exercise and health. We had 17 participants in attendance this month. Bennett M. Lifter Park • The dance class continues with 6 participants in the ballet class and 6 in the hip hop class. • The park dedication and renaming of Bennett M. Lifter Park took place on January 29 with 30 people in attendance. . Brentwood Park • The senior program takes place on Monday mornings and is at capacity with 50 seniors registered. On January 19th, the senior club attended Knaus Berry Farm and Main Moon Buffet. • Superkids Fitness Camp was held at Brentwood Park on February 6th. There were about 40 kids who participated in the camp that promoted exercise and nutrition. Buccaneer Park • On Saturday mornings from 9:00-10:30am, seniors get fit in line dancing. Monday through Thursday from 6:30-7:30am the seniors exercise around the park. • On Monday evenings adult tennis lessons are offered to the residents. Page 188 of 202 35 • There is line dancing offered on Saturdays from 8:30a.m.-12:00noon for adults various ages. • The senior program takes place on Friday mornings and is at capacity with 90 seniors registered. On January 19th, the senior club attended Knaus Berry Farm and Main Moon Buffet. • On Wednesday mornings from 10:00am-12:00pm, the seniors engage in exercising and arts and crafts. Bunche Park • The senior program takes place on Friday mornings. On January 19th, the senior club attended Knaus Berry Farm and Main Moon Buffet. Cloverleaf Park • The senior program takes place on Wednesday mornings. On January 19th, the senior club attended Knaus Berry Farm and Main Moon Buffet. 􀂃 Line dance class is being held on Monday, Thursday, and Fridays. Miami Carol City Park • Walkers exercise around the park starting at 6:00a.m. • The park hosted the annual Martin Luther King celebration on January 18th. There were over 4000 people that attended with T-Payne as the featured artist. Norwood Park • Norland Senior High Girls Softball team is practicing and having games. • Miami Gardens Express has begun track practice Monday – Friday. Rolling Oaks Park • The senior program takes place on Thursday mornings and is at capacity with 85 seniors registered. On January 19th, the senior club attended Knaus Berry Farm and Main Moon Buffet. • Basketball for sport development has 30 kids that participate at this site. • Lights on tennis court have been installed and are operational. Scott Park 􀂃 Scott Park has daily walkers in the morning and evenings Monday thru Friday. • Scott Lake Optimist has begun track practice Monday – Thursday. • Carol City Sr. High Boys Baseball team is practicing and having games. Vista Verde Park • Vista Verde has 11 children enrolled in the After-school program. These specialty instructors visit the park twice a week. The program is targeting children ages 5-12 for the 4H program and teens 13-17 to receive community service hours. • The teens are provided workshops once a week pertaining to life skills, peer pressures, violence, etc. Also, the teens have an opportunity to join Vista’s book club. Page 189 of 202 36 Teens Program 􀂃 Teens Program Expanding Horizons has 31 kids registered and there is an average of 24 kids in attendance. The Teens enjoy daily indoor/outdoor activities, chess, and a variety of field trips. 􀂃 The Teens Day Off Program had 22 Teens in attendance. The kids had a fieldtrip to Galaxy Skateway. Athletics • Sports Development: Hoops 4 Kids Basketball program currently has 30 participants enrolled. The program takes place at Rolling Oaks Park on Saturdays. We also have a three staff members plus an additional volunteer working with the kids. Touchdown Club flag football program began registration on January 4th. • Tennis: Tennis is currently being offered in our After School program as well as a Saturday Tennis Program for kids ages 5-12 at Buccaneer Park. The program is run by an experienced and former college tennis player. Kids learn the fundamentals of strokes, techniques, and rules of tennis. We currently have 18 participants. In addition, there are currently 12 participants enrolled in in our adult tennis program. The program runs Monday and Thursday evenings from 6:30pm-7:30pm at Buccaneer Park. • Youth Basketball: The City of Miami Gardens has began its first ever youth competitive basketball team playing in the Dade Youth League. Game sites are at Northwest Boys Club, Gwen Cherry NFL YET Center, South Miami YET Center, and Overtown Youth Center. The age groups that are participating are 11 and under, 13 and under. • Walking Club: The Walking Club currently has 46 members and we are meeting monthly. JANITORIAL AND LANDSCAPING A J King Park o 6 Janitorial visits to clean up park site o 6 Trash removal Andover Park o 9 Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 1x Trimmed/Pruned Hedges o 1x Landscaping visits o 9 Trash removal Bennett M. Lifter Park o 10 Janitorial visits to clean up park site o 1x Waxed Floor o 10 Trash removal Brentwood Park & Pool o 16 (park) & 15 (pool) Janitorial visits to clean up park site Page 190 of 202 37 o 16 (park) & 15 (pool) Trash removal Buccaneer Park o 16 Janitorial visits to clean up park site o 1x (park) Premises blown o 1x Waxed Floor o 16 Trash removal Bunche Park & Pool o 6 (park) & 6 (pool) Janitorial visits to clean up park site o 1x Fertilize Grounds o 1x (park) & 1x (pool) Grass cut & detailed grounds o 6 (park) & 6 (pool) Trash removal Bunche House – 15620 W. Bunche Park Drive o 6x Janitorial visits to clean site o 1x Grass cut & detailed grounds o 6 Trash removal Miami Gardens Community Center o 13 Janitorial visit to clean up site o 13 Trash removal Cloverleaf Park o 9 Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 1x Trimmed hedges o 9 Trash removal Miami Carol City Park o 16 Janitorial visits to clean up park site o 16 Trash removal Mt. Herman House (Church) o 6 Janitorial visits to clean up o 6 Trash Removal Myrtle Grove Park o 6 janitorial visits to clean up park site o 6 trash removal North Dade Optimist Park o 10 Janitorial visits to clean up park site site o 10 Trash removal Norwood Park and Pool o 10 (park) & 10 (pool) Janitorial visits to clean up site o 10 (park) & 10 (pool) Trash removal Page 191 of 202 38 Rolling Oaks Park o 10 Janitorial visits to clean up park site o 10 Trash removal Scott Park o 6 Janitorial visits to clean up park site o 1x Fertilize Grounds o 6 Trash removal Vista Verde Park o 16 Janitorial visits to clean up park site o 1x Premises blown (tot lot) o 16 Trash removal 􀂾 All park irrigation systems checked and repaired TRADES A J King Park o 1/25 Paint parking lot lines o 1/25 Remove vandalism to playground and benches o 1/25 Clean old wax off of baseboards o 1/25 Repair window shutters (4) in staff offices and recreation room o 1/29 Office maintenance o 1/25 Replaced filters in air conditioner o 2/4 Repair the (2) outlet covers in the staff office and the recreation room o 2/4 Repair (3) drawers in the kitchen o 2/4 Repair gate entrance to irrigation/field lights room o 2/4 Removed grill from the south side of the building o 2/4 Cut off pad lock to field light room o 2/8 Repair front door, Hand dryer, soap dispenser, water fountain o 2/8 Repair mule Bennett M. Lifter Park o 1/21 Painted the inside of the building o 1/26 Replaced (3) playground benches o 1/26 Replaced tables located under the pavilion o 1/28 Install (3) door stoppers o 1/28 Repaired the emergency light o 1/28 Trouble shoot the exit sign located near the back door Brentwood Park and Pool o 1/19 Take Mule in for repairs o 1/25 Clean inside of light covers in meeting room. o 1/25 Replace AC vents in ceiling. o 1/25 Put 2 AC vents back into place in the ceiling. o 1/25 Tighten handle on front door of meeting room Page 192 of 202 39 o 1/25 Replace AC filter o 2/3 Replace the cover on the light outside the front door of the building Buccaneer Park o 1/27 Remove trash can from basketball court (need to cut with bolt cut) Miami Gardens Community Center o 1/26 Placed barricades on the grounds MGPD o 2/7 Repair hall light and outside light Miami Carol City Park o 1/17 Moved bleachers and barricades o 1/20 Fixed door inside girls restroom o 2/2 Trouble shoot light bulbs in the parking lot Myrtle Grove Park & Pool o 1/19 Repair water fountain o 1/26 Replace light bulb in closet o 1/28 Repair boys restroom leak o 2/8 Repair urinal, wires on water fountain. Paint girls bath wall, AC cover North Dade Optimist Park o 1/22 Repair the wooden fence on the northside Rolling Oaks Park o 1/29 Trouble shoot lights in the pavilion and bathroom areas and park timers o 2/10 Trim trees for lights at tennis and basketball courts Scott Park o 1/26 Placed extra bases on the park and wired the infield back board o 1/28 Reset all sleeves for bases and build pitcher’s mound for season o 2/2 Repair closet door lock. o 2/4 Replace basketball rim/wooden fence on the northeast corner o 2/4 Replace (2) lights in the old building o 2/8 Raise pitcher’s mound Vista Verde Park o 2/2 Fixed 2nd light east side of building o 2/10 Repair leg on ping pong table 183 St and 12 Ave o 1/28 Repair fence poles on south property line. Recreation Trainings Page 193 of 202 40 January 27: Athletic staff attended a Sports Administration Conference at St. Thomas University. Meetings January 15: Miami Gardens Community Center purchasing January 15: Youth Sports January 19: Recreation and Maintenance Supervisors January 20: Management Team January 20: Miami Gardens Community Center purchasing January 20: City Wide Sidewalks and Trails January 21: South Florida Youth Football League January 21: Advisory Committee January 22: Five Year Plan January 27: City Council January 28: Recreation Staff January 29: Youth Sports February 2: Power in the Park February 3: Alonzo Mourning Charities February 3: Management Team February 4: Council Agenda February 4: Capital Improvements February 4: Youth Sports February 5: Alonzo Mourning Charities February 5: Miami Gardens Community Center Phase II February 8: Smart Alert February 9: The Children’s Trust February 9: Power in the Park February 10: Management Team February 10: Black History Showcase February 10: City Council February 11: Directors Meeting February 12: Shakespeare Miami February 12: Florida Recreation and Parks Association Board Current Projects 􀂾 Lighting Enhancements: Director met with lighting representative regarding enhancements to Miami Carol City and Brentwood Park field lighting. 􀂾 Park Audits: Director has begun park audits to determine efficiency and areas of improvement. 􀂾 Satisfaction Rating: Director is analyzing satisfaction survey scores to determine individual program strengths and areas needing improvement. 􀂾 Youth Sports: Department continues to evolve the new City of Miami Gardens Youth Sports Program. This includes logistics, marketing, website, info line, etc. Page 194 of 202 41 􀂾 Automation: Department launched its ActiveNet program on February 1st. This automates all facility rentals, program registrations and point of sales. The Director is currently working on launching the Customer Request program to monitor work orders and resident requests. 􀂾 Miami Gardens Community Center: The Community Center Manager is currently working on acquiring all furniture, fixtures, and equipment for the center. In addition, policies and procedures and programming is being determined. 􀂾 Norwood Pool renovation: The Aquatic Facilities Manager has worked closely with Capital Improvements to insure the project is completed. PLANNING & ZONING (Jay Marder, Director) LAND DEVELOPMENT REGULATIONS -Cyril Saiphoo, Jay Marder, Bhairvi Pandya, Nixon Lebrun • Prepared LDRs for second reading with all amendments from first reading and quality control review. • Engaged TMPG to complete a quality control review of the LDRs for final adoption on March 3, 2010. • Preparing final changes and quality control revisions to LDRs for final adoption. PLANNING – Jay Marder, Bhairvi Pandya • Capital Improvements Element Update-Adoption on February 3, 2010. Package transmitted to Department of State on February 8, 2010. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Public Hearings o Prepare David Fenton, Trustee staff recommendation for vehicle parking in multifamily zoning district – Final Notice sent. Posting done. o Prepare staff recommendation for Jorge Aburto for setback encroachment of existing single family residence– Final notice sent. Posting done. • Plats o Pentecostal Tabernacle Tentative Plat-Pending o Causeway Square final plat being recorded at Miami-Dade County o Prepare staff report for adoption of Final Plat UAIG –property that includes insurance company at NW corner of NW 12th Avenue and NW 167th Street; creating an out-parcel for offices • Building Permits o Reviewed 75 building permits o Reviewed 5 Temporary Sign Permit applications o Conducted 10 site inspections. • Certificate of Uses o Reviewed 65 Certificates of Use/Occupational License Applications. Page 195 of 202 42 • Re-occupancy – Prepared 3 re-occupancy certificate memorandums. • Administrative Adjustment (variance)-1 processed . • Sign Code Permits o 3 sign plans processed. o 12 Temporary sign permit processed. • Zoning Verification Letters o 14 processed. • Address Assignments o 3 new Address Assignments. • Group Homes o 5 Group Homes (Community Residential Home) 1,000’ radius verification letters. o Clarify processes that state utilizes for group home zoning approval and reassess implementation recommendations per memorandum to Vice Mayor Oliver Gilbert III. • Code Enforcement o Provided sign code training to Code Compliance officers for implementation of window signs. EDEN – Marilu Nava, Bhairvi Pandya • Parcel Refresh – Ongoing-Continued with CASS testing resulting in system failures. Troubleshooting with customer support – not successful. CASS Testing process pending until further customer support receipt from Tyler Technologies (Tyler). IT in ongoing communications with Tyler. . • Modifying Temp. Sign routing queues for all sign permits • Modified all Sign fees in application and EDEN GIS – Bhairvi Pandya • New Zoning Map – Developing database for new Zoning Map for the City’s Land Development Regulations. • Transportation Enhancement Grant Supporting Maps – Developed 3 maps (1) Rolling Oaks Park Conceptual Trail Map (2) Sidewalk Enhancement Map and (3) Existing Sidewalks Map for the grant application. • Group Home maps -Completed 4 group home maps (Nixon Lebrun) with a 1,000 ft. radius. • Public Hearing maps-Completed Mailed Notice Radius, Zoning and Aerial maps for David Fenton and Jorge Abruto hearings. TRANSPORTATION – Jay Marder, Bhairvi Pandya • MPO Transportation Enhancement Funds – The MPO has solicited nonmotorized grant applications of up to $1M beginning in December with due date of March 5, 2010. City Council Resolution on authorization to proceed received on January 27, 2010 meeting. Scheduled a workshop on February 17, 2010 including a PowerPoint presentation. Presentation to be given by Bhairvi Bhairvi Pandya and Tom Ruiz. Other departments to be present to answer any questions. Grant application data and information input ongoing. Coordinating letters of support for application. TEMPORARY PROTECTED STATUS APPLICATION EVENT – Jay Marder Page 196 of 202 43 1. As part of implementing the City Council’s resolution regarding assistance to Haitians, coordinated request for Haitian Temporary Protected Status with Haitian lawyer representative; 2. Scheduled for Saturday, March 6. 3. To be held in City Council Chambers 4. 11AM-3PM 5. IT will provide 6 computers, networked, to process applicants 6. Met with IT, Police Department and Events and Media to coordinate the event; 7. Received and transmitted press release to Events and Media 8. Coordinated room reservation with Front Desk 9. Working on media/advertising COMPLETE COUNT CENSUS CAMPAIGN – Jay Marder 1. Events a. Held Census Job Fair at City Hall, February 4 i. 138 attendees ii. 125 took follow-up testing on Monday and Tuesday, February 8 & 9. iii. Advertising in 3 local newspapers plus through City’s Events and Media database b. Planning Census Awareness Happening, March 14 i. Location: Cloverleaf Plaza, in front of Tony’s Restaurant (Caribbean/Haitian fare) ii. Census awareness for eastern side of City iii. 12-2PM iv. One Caribbean radio station to be present v. Planned small food giveaway c. Planning Jazz in the Gardens Census Outreach i. Obtain Global Hue (national census advertising company) to assist with media presentations ii. Planned census table, partner with Miami-Dade County personnel iii. Planned Regional Census Bus d. Planning Census Sunday, March 28 i. Location: SE corner of 183rd Street and 47th Avenue at Miami Gardens Shopping Plaza (old Publix) ii. Post office confirmed iii. Latin food giveaway iv. Other giveaways v. To serve as a temporary QAC (Question and Answer Center) so that residents can fill out questionnaire and mail it there 2. Radio and Newspaper Media by Marome Agency a. Kick off in March b. Message recording being scheduled with mayor c. 4 newpapers and 4 radio stations to highlight city events and general awareness d. 30-60 second radio spots e. Radio to be on-site at 14th and 28th events Page 197 of 202 44 3. Rainbow Park Elementary School Health Fair, February 27: census table, hand-outs, etc. 4. Posters – A set of 4 are being printed with City of Miami Gardens Census messaging; 1,000 for distribution of main poster; Design by Marome Agency 5. Street Teams and Palm Cards – Making up 15,000 palm cards to be distributed by Street Teams provided by a City vendor. This will include young people going to shopping centers and stores to distribute the census cards which advertise the City’s events including: a. March 14 Outreach b. Jazz in the Gardens c. March 28 Event 6. Place Mats with Census and Jazz in the Gardens Messages – 70,000 to be placed on tables in restaurants throughout the City 7. The Gardens Experience – The upcoming issue of the Parks Brochure includes a census cover highlighting the City’s Census Campaign including an accompanying article. This eliminates the need for a separate city-wide census mailing. 8. Senior Clubs – Speak at the following a. Cloverleaf Royals Senior Club b. Rolling Oaks Ambassadors c. North County Citizens Association d. Brentwood (planned) e. Bunche Park (planned) 9. Faith-Based Outreach a. Miami Gardens Masjid (Mosque) – Spoke to them on January 22nd services, 200+ flyers provided. b. Mayor’s Email – Planned email from Mayor to all churches with email addresses to offer announcements at meetings, etc. c. Miami-Dade County Faith-Based Outreach Weekend, March 19-21 – updated City church list and provided for invites; also provided assistance regarding synagogues in the county 10. Latino Outreach – Planned outreach at shopping center at 199th and 47th on February 19th, afternoon 11. Neighborhood and Organization Signs – After being suggested at the Andover Civic Association meeting, neighborhood signs are under preparation with the City’s Stand Up poster format with “The Andover Civic Association joins the City of Miami Gardens . . . etc. Page 198 of 202 45 12. Home Owners Associations a. Continued outreach/follow up b. Isa Bella HOA (next to Vista Verde) planned in March 13. Giveaways – Received bags ordered City Census logo items; others coming including dog tags for teens and balloons for kids. FLEET SERVICES (David Motola) o Fleet Management Software – System is up and running, repairs are being entered and expenses accounted for by repair category. Over 100 repair orders were opened to document repairs. Vehicles requiring preventative maintenance service are being identified. o Training is scheduled for Fleet and other user department for the end of February. o Working with IT to add the communications module to the Fleet Intranet web page. o Fuel Usage (Ongoing) o Monthly reports of fuel usage with concern identification provided to all Department Managers for concurrence. o Arranged for lost fuel cards to be replaced. o Fleet Manager addressed fuel usage at Directors meeting and will be including fuel usage reports during vehicle inspections o Working with fuel card vendor to integrate data into FMS o Weekly Check Sheets -Working with other department heads to eliminate weekly check sheets being turned in by departments with the addition of a FMS system o Car Wash Services -We are working with Purchasing for a Car Wash service bid, one that would provide quality service, ability to handle unique and oversize vehicles, detailing, and broadest hours of operation. o Collision Repair – Continue to work closely with vendors, Risk management, and user department to provide prompt collision repairs within departmental policy and procedures. Working with appraisal company to repair Command Center that received minor damage to stainless steel plates on rear exterior. Page 199 of 202 46 o Vehicle Tracking –Three units have already been installed with tracking systems for evaluation. A second training seminar was conducted for Department Managers that missed the first training session. o Out of Service Decals -Being utilized to identify collision and mechanical repairs. o Vehicle Procurement – Tracked the release of all purchase orders related to the vehicles to make sure that not only the vendors received them but they input them to the manufacturers as well. o Tire Repair /Road Side Assistance – Implemented a new policy where by tires maintained in inventory at PD will be for emergency purposes only. They are color coded and a sign will be ordered to reflect their applications o Nine new tire and wheel assemblies have been taken from emergency inventory and placed in service. o Warranty Repairs – Checked certain service repair invoices against vehicle warranty to insure proper billing for services. o Extended Service Plans – Fleet Manager reviewed the Ford Oasis report and identified purchased units where ESPs were not activated by Dealer. Fleet Admin. Contacted Dealers and informed them of error and had the ESPs activated. o Conducted a pre-installation meeting with PD and the lighting and siren installer to make sure new vehicles are up-fitted properly. o Safelite Glass added as a vendor to perform onsite glass replacement. Pricing based upon City of Miami’s contract. o Met with the Purchasing department at Dade County to review “Best Practices” associated with in servicing vehicles. o Fleet Manager performed weekly lot checks, identifying vehicles that were left unlocked and notifying department heads. o Energy Efficiency – Finalized data needed for Energy efficiency grant procurement. o Common phone number for the Fleet department up and functional Page 200 of 202 47 o Fleet Administrator routinely contacts vendors for monthly accounting statements to research and reduce invoices from becoming past due. o Worked with purchasing to put out a bid proposal for the installation of 100 more Dell Mounts, bid is currently out. o Maintain hubcap inventory for Police vehicles. In the process of researching a replacement hub cap, the one we use is being discontinued. • 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 Fleet Admin. Scheduled car wash detail appointments and window tinting services for various departments. o Fleet Staff attended bi-weekly meeting with Assistant City Manager regarding Fleet issues and concerns. o Fleet Admin. attended weekly Ethnicity Committee meetings for upcoming Heritage Festival. o Fleet Admin. attended monthly Web Steering Committee meeting for new City website design. o Fleet Service Representative coordinated repairs for Public Works equipment: Vaccon Sweeper, Terex and JCB. o Fleet Service Representative met regularly with Insurance Adjuster; providing access to crashed vehicles parked at the Police Department. o Fleet Service Representative met regularly with Police Department vehicles liaison, Sgt. Brown to discuss and address repair issues and concerns. o Performed daily and weekly inspections for all city vehicles and equipment. o Replaced spot light bulbs and missing hubcaps on Patrol cars. o Responded to multiple service calls for Police, Public Works, Parks Maintenance, Building and Code Enforcement departments, addressing their concerns. o Obtained crash estimates for vehicles; forwarded to Risk Management for review. Page 201 of 202 48 o Monthly start up and check City Hall and Parks standby generators. o Fleet Admin. processed invoices received from vendors regarding parts, service, and maintenance on vehicles and equipment. o Fleet Admin. Prepared requisitions necessary to purchase parts, accessories, maintenance and services. o Collected and reviewed vehicle checklists from all departments. Page 202 of 202