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HomeMy WebLinkAboutJanuary 13, 2010 Complete Agenda CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: January 13, 2010 1515 NW 167th St., Bldg. 5, Suite 200 Miami Gardens, Florida 33169 Next Regular Meeting Date: January 27, 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 – December 9, 2009 Regular City Council Agenda (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) January 13, 2010 Page 1 Page 1 of 175 Regular City Council Agenda January 13, 2010 Page 2 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Chief Boyd – Miami Gardens Police Department Monthly Report F-2) Dr. Danny O. Crew, City Manger – Employee of the Month Presentation F-3) MLK Day Presentation – Abdul Muhsin, Chair MLK Advisory Committee (G) PUBLIC COMMENTS (H) ORDINANCE(S) FOR FIRST READING (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON PROCESSING DEVELOPMENT ORDERS FOR MULTI-FAMILY HOUSING PROJECTS THROUGH APRIL 28, 2010; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1ST Reading – December 9, 2009) I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009-03-175 AND ORDINANCE NO. 2009-17-189, TO EXTEND THE SUNSET PROVISIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON PROCESSING DEVELOPMENT APPLICATIONS FOR ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS, INCLUDING, BUT NOT LIMITED TO, SITE PLANS, DEVELOPMENT APPLICATIONS, PERMITS, AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES WITHIN THE RESIDENTIAL ZONING DISTRICT THROUGH APRIL 28, 2010; PROVIDING FOR EXCEPTIONS; PROVIDING FOR STUDY(S); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading – December 9, 2009) Page 2 of 175 Regular City Council Agenda January 13, 2010 Page 3 (J) CONSENT AGENDA J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR OLIVER G. GILBERT III’S APPOINTMENT OF VIVIANA SMITH TO THE NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM; PROVIDING FOR REPRESENTATION; PROVIDING AN EFFECTIVE DATE (SPONSORED BY VICE MAYOR OLIVER G. GILBERT III) J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO HOST A CENSUS BUREAU JOB FAIR AT CITY HALL IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ WILLIAMS) J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO RETAIN THE SERVICES OF ROBERT C. GANG OF GREENBERG TRAURIG P.A. FOR BOND WORK ASSOCIATED WITH THE MIAMI GARDENS TOWN CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING A “SMALL BUSINESS INCENTIVE PROGRAM” APPLICATION DRIVE IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT FOR WATER EFFICIENT FIXTURES FOR THE LOW-INCOME SENIOR HOMEOWNERS PROGRAM; ALLOCATING THE SUM OF FIFTEEN THOUSAND DOLLARS ($15,000.00) IN CDBG PROGRAM YEAR ONE (1) FUNDS TO IMPLEMENT THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 3 of 175 Regular City Council Agenda January 13, 2010 Page 4 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING A PORTION OF NORTHWEST 177TH STREET, BETWEEN 2ND AVENUE AND 7TH AVENUE, TO “BENNETT M. LIFTER WAY;” PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SK QUALITY CONTRACTOR, INC. TO REPLACE THE PIPING SYSTEM AT NORWOOD POOL IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($264,000.00) WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH SK QUALITY CONTRACTOR, INC. ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) J-8) A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ASSIGNMENT OF THAT CERTAIN PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES TO B.E.A. ARCHITECTS, INC. TO ASSIST WITH THE BIDDING PROCESS FOR NORTH DADE OPTIMIST PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 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 RENEW THE CITY’S CONTRACT WITH STRAIGHTLINE ENGINEERING, INC. AND TO TAKE ANY ALL STEPS NECESSARY TO ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED THE ALLOCATED BUDGET OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 4 of 175 Regular City Council Agenda January 13, 2010 Page 5 J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO UTILIZE THE SERVICES OF THE MIAMI-DADE COUNTY ART IN PUBLIC PLACES DIVISION TO ASSIST THE CITY WITH THE ESTABLISHMENT OF AN “ART IN PUBLIC PLACES” PROGRAM FOR THE MIAMI GARDENS COMMUNITY CENTER, IN THE SUM OF EIGHT THOUSAND DOLLARS ($8,000.00); AUTHORIZING THE CITY MANAGER TO EXPEND THE AMOUNT OF ONE HUNDRED SEVENTY-TWO THOUSAND, ONE HUNDRED THIRTY-NINE DOLLARS FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (K) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, AND THE CITY’S CONSULTANTS TO NEGOTIATE A DEVELOPER’S AGREEMENT WITH MIAMI GARDENS TOWN CENTER, LLC, FOR DEVELOPMENT OF THE CITY HALL AND TOWN CENTER, IN ACCORDANCE WITH THE TERM SHEET ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO STUDY THE FEASIBILITY OF CREATING TWO (2) REDEVELOPMENT AGENCIES IN THE SUNSHINE STATE INDUSTRIAL PARK AREA AND THE 27TH AVENUE CORRIDOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR GILBERT) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO CREATE A TEMPORARY EMPLOYMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF TWO MILLION DOLLARS ($2,000,000.00) FROM THE CITY’S CDBG FUNDING OR RESERVE FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRÉ Page 5 of 175 Regular City Council Agenda January 13, 2010 Page 6 WILLIAMS) (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1) City Manager’s Monthly Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (O) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT./2228, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2228. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 6 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X X Public Hearing: Yes No Yes No X Funding Source: NA Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: NA X Sponsor Name Dr. Danny Crew, City Manager Department: Planning and Zoning Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON PROCESSING DEVELOPMENT ORDERS FOR MULTIFAMILY HOUSING PROJECTS THROUGH APRIL 28, 2010; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On January 7, 2009, the City Manager issued an Administrative Zoning Moratoria regarding multiple family housing development orders, pursuant to Section 33-323, Administrative Zoning Moratoria of the Zoning Code. On January 28, 2009, Ordinance No. 2009-07-179 was adopted implementing a formal moratorium on processing development orders for multi-family housing projects for 12 months. During the period of the moratorium, staff analyzed the city’s multiple family housing developments and presented findings and recommendations to the City Council. The City Council endorsed those recommendations which staff and its planning consultant have incorporated into the new zoning code. On December 9, 2009, the City Council adopted on first reading an ordinance to extend the moratorium on multiple family housing development orders through April 28, 2010. ITEM I-1) ORDINANCE SECOND READING/PUBLIC HEARING Moratorium for Multi-Family Housing Projects Page 7 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation Once the City’s new zoning code is adopted, the moratorium can be lifted. The first reading of the new zoning code will have occurred at the Zoning Meeting on January 6, 2010. In order to keep the multiple family development order moratorium in effect until the new code is adopted, it is necessary to extend the current moratorium by ordinance. Proposed Action: Staff recommends adoption on second reading of an ordinance to extend the moratorium on processing development orders for multiple family development projects through April 28, 2010. Attachment: None Page 8 of 175 1 ORDINANCE NO. 2009____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON PROCESSING DEVELOPMENT ORDERS FOR MULTI-FAMILY HOUSING PROJECTS THROUGH APRIL 28, 2010; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 7, 2009, Ordinance No. 2009-07-179 was adopted implementing a formal moratorium on processing development orders for multi-family housing projects for twelve (12) months, and WHEREAS, during the period of the moratorium, Staff analyzed the City’s multiple family housing developments and presented findings and recommendations to the City Council, and WHEREAS, the City Council endorsed those recommendations, and WHEREAS, City Staff and its consultants are developing a new Zoning Code, and WHEREAS, zoning-related recommendations of the multiple multiple family housing analysis are being incorporated into the City’s new zoning code which will allow the moratorium to be lifted, and WHEREAS, the first reading of the new Zoning Code is anticipated to be on January 6, 2010, and WHEREAS, in order to keep the current moratorium in effect until the new zoning code is adopted, it is necessary to extend the moratorium, Page 9 of 175 NOW, THEREFORE, BE IT ORDAINED 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 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. EXTENSION OF MORATORIUM: The moratorium approved in accordance with Ordinance No. 2009-07-179 on the processing of development orders for multi-family housing projects shall be extended through April 28, 2010. No Department of the City shall issue any permits, development orders, or undertake the review and approval of any site plans with respect to such uses within the City during the term of the moratorium established hereby. 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 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 9TH DAY OF DECEMBER, 2009. Page 10 of 175 PASSED ON SECOND READING ON THE 13TH DAY OF JANUARY, 2010. 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 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 13TH DAY OF JANUARY, 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: __________________ Second by: _________________ VOTE: _________ 34 Mayor Shirley Gibson ____ (Yes) ____(No) 35 Vice Mayor Oliver Gilbert III ____ (Yes) ____(No) 36 Councilman Melvin L. Bratton ____(Yes) ____(No) 37 Councilman Aaron Campbell ____ (Yes) ____(No) 38 Councilman Andre’ Williams ____(Yes) ____(No) 39 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 40 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 11 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 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: CDB ranG Fund SP t N G Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Dr. Danny Crew, City Manager Department: Community Development Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009‐03‐175 AND ORDINANCE NO. 2009‐17‐189, TO EXTEND THE SUNSET PROVISIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The City of Miami Gardens has been awarded $6,886,119.02 in Neighborhood Stabilization Program (NSP) funds to carry out activities in accordance with the City’s NSP Plan. City Council passed Resolution No. 2008‐231‐919, approving the NSP Plan at its November 12, 2008 meeting. Subsequently, the Department of Housing and Urban Development (HUD) approved the City’s NSP Plan and a contract for the funding was executed on March 2, 2009. The primary purpose of the NSP is to purchase abandoned/foreclosed properties with the intent of rehabbing and reselling them to income eligible buyers. Due to the time constraints imposed by the NSP (18 months to obligate the funds, 48 months to expend), City staff must work diligently to ensure program compliance. In an effort to implement the NSP program within the time constraints imposed, the Council approved Ordinance No. 2009‐03‐175 on January 14, 2009 authorizing the City Manager to execute purchase/sale ITEM I-2) ORDINANCE SECOND READING/PUBLIC HEARING Amending NSP Sunset Provisions Page 12 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 agreements in relation to property transfers done through the NSP. Additionally, Council approved Ordinance No 2009‐17‐189 which authorized the City Manager to execute rehabilitation agreements with general contractors on NSP acquired properties without requiring City Council approval. The provision in both Ordinances will sunset as of January 1, 2010. Current Situation The current NSP grant period will run through March 2, 2013. As acquired properties are rehabilitated and subsequently sold to qualified buyers, the sales proceeds from these homes will generate program income. This program income can be used to purchase and rehabilitate additional abandoned and foreclosed homes for a period of up to four years, or an additional period as determined by HUD. Moreover, the City has also applied to HUD under the NSP 2 grant application cycle. Given the City’s foreclosure numbers, along with its successful progress with administering NSP 1 Funds, City Staff anticipates being awarded a grant under NSP 2 for an amount at least equal to the NSP1 award. Therefore staff is recommending that the above referenced Ordinances be amended to extend the City Manager’s authority to execute purchase/sales agreements and agreements for rehabilitation of properties until such time as NSP Funds are exhausted. This item was approved under First Reading at the December 9, 2009 Council meeting. Proposed Action: City Staff recommends that City Council approve the proposed ordinance under second reading, further amending Section 5 of Ordinance No. 2009‐03‐175 and Ordinance No. 2009‐17‐189. Attachment: None Page 13 of 175 1 ORDINANCE NO. 2009____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2009-03-175 AND ORDINANCE NO. 2009-17-189, TO EXTEND THE SUNSET PROVISIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens was awarded Six Million Eight Hundred and Eighty-Six Thousand One Hundred and Nineteen Dollars and 02/100 Cents ($6,886,119.02) in Neighborhood Stabilization Program (NSP) funds to carry out activities in accordance with the City’s NSP Plan, and WHEREAS, City Council previously adopted Ordinance No. 2009-03-175 authorizing the City Manager to execute purchase and sale agreements in relation to property transfers done through the NSP, and WHEREAS, City Council approved Ordinance No. 2009-17-189 authorizing the City Manager to execute rehabilitation agreements with general contractors on NSP acquired properties, and WHEREAS, both Ordinances are scheduled to sunset as of January 1, 2010, and WHEREAS, the City’s current NSP grant period will run through March 2, 2013, and WHEREAS, in light of this fact, it is necessary for City Council to extend the sunset position of Ordinance No. 2209-03-175 and Ordinance No. 2009-17-189 through January 1, 2014, Page 14 of 175 NOW, THEREFORE, BE IT ORDAINED 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 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. APPROVAL: The City Council of the City of Miami Gardens hereby approves amending Ordinance No. 2009-03-175 and Ordinance No. 2009-17-189 to extend the sunset provisions of both Ordinances through January 1, 2014. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 9TH DAY OF DECEMBER, 2009. PASSED ON SECOND READING ON THE 13TH DAY OF JANUARY 2010. Page 15 of 175 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 13TH DAY OF JANUARY, 2010. 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 ________________________________ 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: __________________ Second 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 Councilman Andre’ Williams ____(Yes) ____(No) 36 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 37 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 16 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X X Public Hearing: Yes No Yes No X Funding Source: NA Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: NA X Sponsor Name Dr. Danny Crew, City Manager Department: Planning and Zoning Short Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON PROCESSING DEVELOPMENT APPLICATIONS FOR ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS, INCLUDING, BUT NOT LIMITED TO, SITE PLANS, DEVELOPMENT APPLICATIONS, PERMITS, AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES WITHIN THE RESIDENTIAL ZONING DISTRICT THROUGH APRIL 28, 2010; PROVIDING FOR EXCEPTIONS; PROVIDING FOR STUDY(S); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On January 9, 2008, Ordinance No. 2008-01-137 was adopted implementing a formal moratorium on the processing and permitting of development orders for public assembly uses in residential zoning districts. On January 7, 2009, Ordinance 2009-01-173 extended the moratorium for an additional twelve (12) months from December 10, 2008. At the workshop held October 7, 2009, Council generally agreed to staff’s policy recommendations for the proposed new zoning code, including an approach to regulating public assembly uses which the City’s staff and its consultant have incorporated into the new code. On December 9, 2009, the City Council adopted on first reading an ordinance to extend the moratorium on processing development orders for public assembly uses through April 28, 2010. ITEM I-3) ORDINANCE SECOND READING/PUBLIC HEARING Extending Moratorium on Assembly Uses Page 17 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation Once the City’s new zoning code is adopted, the moratorium can be lifted. The first reading of the new zoning code will have occurred at the Zoning Meeting on January 6, 2010. In order to keep the moratorium in effect until the new code is adopted, it is necessary to extend the current moratorium on public assembly uses by ordinance. Proposed Action: Staff recommends adoption on second reading of an ordinance to extend the moratorium on processing development orders for public assembly uses through April 28, 2010. Attachment: None Page 18 of 175 1 ORDINANCE NO. 2009____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON PROCESSING DEVELOPMENT APPLICATIONS FOR ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS, INCLUDING, BUT NOT LIMITED TO, SITE PLANS, DEVELOPMENT APPLICATIONS, PERMITS, AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES WITHIN THE RESIDENTIAL ZONING DISTRICT THROUGH APRIL 28, 2010; PROVIDING FOR EXCEPTIONS; PROVIDING FOR STUDY(S); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 9, 2008, the City Council adopted Ordinance No. 2008-01-137 to place a twelve (12) month moratorium on the processing of development orders for assembly uses in residential zoning districts, and WHEREAS, on January 7, 2009, Ordinance No. 2009-01-173 was adopted extending the moratorium for an additional twelve (12) months from December 10, 2008, and WHEREAS, City Staff and its consultants are developing the new zoning code and incorporating new provisions for public assembly uses, and WHEREAS, the first reading of the new Zoning Code is anticipated to be on January 6, 2010, and WHEREAS, in order to keep this moratorium in effect until the new code is adopted, it is necessary to extend the current moratorium on public assembly uses, and Page 19 of 175 WHEREAS, City Staff is requesting that the moratorium be extended through April 28, 2010 to allow for completion and adoption of the City’s new Zoning Code, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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. EXTENSION OF MORATORIUM: The moratorium approved in accordance with Ordinance No. 2008-01-137 and Ordinance No. 2009-01-173 on the processing of applications for development orders and site plan review approvals relating to assembly uses within the City shall be extended until April 28, 2010 for assembly uses in residential neighborhoods. No Department of the City shall issue any permits, development orders, or undertake the review and approval of any site plans with respect to such uses within the City during the term of the moratorium established hereby. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Page 20 of 175 Section 5. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. 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 PASSED ON FIRST READING ON THE 9TH DAY OF DECEMBER, 2009. PASSED ON SECOND READING ON THE 13TH DAY OF JANUARY, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE 13TH DAY OF JANUARY, 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: __________________ Second by: _________________ Page 21 of 175 1 VOTE: _________ 2 3 Mayor Shirley Gibson ____ (Yes) ____(No) 4 Vice Mayor Oliver Gilbert III ____ (Yes) ____(No) 5 Councilman Melvin L. Bratton ____(Yes) ____(No) 6 Councilman Aaron Campbell ____ (Yes) ____(No) 7 Councilman Andre’ Williams ____(Yes) ____(No) 8 Councilwoman Sharon Pritchett ____ (Yes) ____(No) 9 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 22 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 2010 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Vice Mayor Oliver G. Gilbert III Department: City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR OLIVER G. GILBERT III’s APPOINTMENT OF VIVIANA SMITH TO THE NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The attached resolution confirms Vice Mayor Gilbert’s appointment of Viviana Smith to the Nuisance Abatement Board for a two (2) year term, ending December 13, 2011. Proposed Action: The City Council confirms the appointment of Viviana Smith to the Nuisance Abatement Board by Vice Mayor Oliver G. Gilbert III for a two (2) year term. Attachment: Attachment A: Committee Application ITEM J-1) CONSENT AGENDA RESOLUTION Vice Mayor Gilbert's appointment to the Nuisance Abatement Board Page 23 of 175 Resolution No. 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. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR OLIVER G. GILBERT III’s APPOINTMENT OF VIVIANA SMITH TO THE NUISANCE ABATEMENT BOARD FOR A TWO (2) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council has created a Nuisance Abatement Board, and WHEREAS, the Mayor and each member of the City Council have the right to appoint a member to the Board, and WHEREAS, Vice Mayor Oliver G. Gilbert III, has appointed Viviana Smith to the Nuisance Abatement Board for a two (2) year term, and WHEREAS, it is appropriate for the City Council to confirm Vice Mayor Oliver G. Gilbert III’s appointment of Viviana Smith, 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. CONFIRMATION OF APPOINTMENT: The City Council of the City of Miami Gardens hereby confirms Vice Mayor Oliver G. Gilbert III’s appointment of Viviana Smith to the Nuisance Abatement Board for a two (2) year term, ending, January 13, 2012. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. 1 Page 24 of 175 Resolution No. 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 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK REVIEWED BY: SONJA K. DICKENS, ESQ. City Attorney SPONSORED BY: Vice Mayor Oliver G. Gilbert III MOVED BY: SECOND BY: VOTE: 26 27 Mayor Shirley Gibson (Yes) ___ (No) Vice Mayor Oliver Gilbert, III ___ (Yes) ___ (No) 28 Councilwoman Barbara Watson (Yes) ___ (No) 29 Councilman Melvin L. Bratton (Yes) ___ (No) 30 Councilman Aaron Campbell __ (Yes) ___ (No) 31 Councilwoman Sharon Pritchett (Yes) ___ (No) 32 33 Councilman André Williams __ (Yes) ___ (No) 2 Page 25 of 175 Page 26 of 175 Page 27 of 175 Page 28 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 2010 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No X Funding Source: NA Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: NA X Sponsor Name Councilman Andre’ Williams Department: Planning and Zoning, Community Development 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 IN ORDER TO HOST A CENSUS BUREAU JOB FAIR AT CITY HALL IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background In April of this year, the first Census will be taken since the City’s incorporation. In an effort to fully engage all City residents, the City Council adopted Resolution No. 2009-173-1119, directing the City Manager to carry out an awareness campaign that will include using a marketing consultant to develop a consistent campaign message and aide the City in exercising mass media outreach. To that end, The City Census Campaign tagline is Stand Up! Be Heard! Be Counted! This tagline is being incorporated into campaign materials, and will be used and distributed at selected major city events which will include outreach to various city stakeholders. Current Situation The Census is a significant undertaking, requiring extensive personnel resources to carry out all that is required. The U.S. Census Bureau has announced that it will be hosting job fairs in various cities in order to actively recruit needed employees for this effort. Given the City’s high ITEM J-2) CONSENT AGENDA RESOLUTION Census Bureau Job Fair Page 29 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 unemployment rate, a census job fair is an opportunity for city residents looking for work to be actively involved in a critical event impacting the City’s future. Mr. Pat Alessi, Manager of the North Dade Census Office has been working with City staff on various coordination efforts and has committed to assisting the City host a Census Job Fair at City Hall. A tentative date for this Job Fair event is Thursday, February 4, 2010. The City will provide publicity through the existing Census Campaign which will include emails to approximately 6,500 persons. The proposed resolution directs the City Manager to work with the Census Bureau to finalize arrangements for promoting and hosting a Census Job Fair in the hopes that many of our unemployed residents are able to find employment thru this effort. Proposed Action: Councilman Williams is recommending adoption of a resolution directing the City Manager to coordinate and promote a Census Job Fair at City Hall. Attachments: None Page 30 of 175 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, DIRECTING THE CITY MANAGER TO WORK WITH THE UNITED STATES CENSUS BUREAU IN ORDER TO HOST A JOB CENSUS FAIR IN THE CITY OF MIAMI GARDENS AT CITY HALL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in April 2010, the first Census will take place since the City’s incorporation, and WHEREAS, in an effort to engage all City residents, City Council adopted Resolution No.2009-173-1119, directing the City Manager to carry out a Census Awareness Campaign, and WHEREAS, the City established the “Stand Up! Be Heard! Be Counted!” tagline, and WHEREAS, in addition to the outreach effort aimed at counting all of the City of Miami Gardens residents, the Census Bureau has announced that it will be hosting job fairs in various cities in order to recruit employees to assist with the effort, and WHEREAS, Councilman Andrè Williams is recommending, that the City Council direct the City Manager to work with the United States Census Bureau in order to host a job fair in the City of Miami Gardens at City Hall, 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 31 of 175 Section 2. ACTION: The City Council of the City of Miami Gardens hereby directs the City Manager to work with the United States Census Bureau in order to host a Job Census Fair in the City of Miami Gardens at City Hall. 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 JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: COUNCILMAN ANDRÈ WILLIAMS 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 32 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: General Fund/Bond Issue Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Danny Crew, City Manager and Sonja Dickens, City Attorney Department: City Manager/City Attorney Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO RETAIN THE SERVICES OF ROBERT C. GANG OF GREENBERG TRAURIG P.A. FOR BOND WORK ASSOCIATED WITH THE MIAMI GARDENS TOWN CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Summary: The City is in the process of determining whether it wants to develop the City Hall site located 27th Avenue and 189th Street. In order to develop the site, the City will be required to issue a bond. The City Attorney and City Manager are both recommending that the City contract with Robert C. Gang of Greenberg Traurig for Bond Counsel Services related the development of the City Hall site. Robert C. Gang has agreed to assist the City and to perform preliminary bond work at a discounted rate up to $5,000.00 for preliminary services for bond work relating to the Miami Gardens Town Center Project. Proposed Action: Authorizes the City to retain the services of Robert C. Gang of Greenberg Traurig P.A. for bond work associated with the Miami Gardens Town Center. Attachment: Exhibit “A” ‐Bob Gang Proposal ITEM J-3) CONSENT AGENDA RESOLUTION Retain the Services of Robert C. Gang for Bond Work Page 33 of 175 1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO RETAIN THE SERVICES OF ROBERT C. GANG OF GREENBERG TRAURIG P.A. FOR BOND WORK ASSOCIATED WITH THE MIAMI GARDENS TOWN CENTER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is in the process of determining whether it wants to develop the City Hall site located 27th Avenue and 189th Street, and WHEREAS, in order to develop the site, the City will be required to issue a bond, and WHEREAS, the City Attorney and City Manager are both recommending that the City contract with Robert C. Gang of Greenberg Traurig for Bond Counsel Services related the development of the City Hall site, and WHEREAS, Robert C. Gang has agreed to assist the City and do preliminary bond work at a discounted rate, and, WHEREAS, it is being requested that the City Council authorize Mr. Gang to perform preliminary services up to Five Thousand Dollars ($5,000.00) for bond work relating to the Miami Gardens Town Center Project, 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 34 of 175 Section 2. AUTHORIZATION: The City Council of the City of Miami Gardens hereby authorizes the City to retain the services of Robert C. Gang of Greenberg Traurig P.A. for bond work associated with the Miami Gardens Town Center. 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 JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 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 35 of 175 Page 36 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 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 Councilman Andre Williams Department: Mayor and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING A “SMALL BUSINESS INCENTIVE PROGRAM” APPLICATION DRIVE IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Many businesses are suffering due to the economic downturn. Small businesses have been hardest hit due to their inability to obtain bank loans for operational needs. The City of Miami Gardens Business Incentive Program was established by Council on July 23, 2008 2008 and to date the City has received forty (40) applications for assistance. Because of these applications, the Community Development Department disbursed $349,000 worth of assistance to projects large in scope. While the program thus far has been utilized for high dollar value façade improvements, the incentive program also provides for smaller financing amounts ($10,000 and under) for businesses with five employees for less. Funds received under this program can be used for aesthetic improvements, new signage, space expansion, working capital, and inventory. To be eligible, the business must: · Meet financial underwriting criteria · Be a for profit business · Be located in eligible census tract ITEM J-4) CONSENT AGENDA RESOLUTION Small Business Incentive Program Page 37 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 · Hire low‐income individuals · Meet all applicable HUD Guidelines In an effort to promote, the availability of “micro loans” under the existing program, Councilman Andre Williams is proposing a Small Business Incentive Program Application Day in the City of Miami Gardens. The event will be held in the City Hall Council Chamber on Tuesday, January 26, 2010, from 8:00 AM – 12:00 PM. The purpose of this event will be to educate City of Miami Gardens small businesses about the existence of the program and boost participation from smaller business owners in the City. Proposed Action: Councilman Andre Williams recommends approval of the attached resolution supporting a Small Business Incentive Program Application day in the City of Miami Gardens. Attachment: Attachment A: Small Business Program Flyer Page 38 of 175 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING A “SMALL BUSINESS INCENTIVE PROGRAM” APPLICATION DRIVE IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, many of the City’s small businesses are suffering due to the current economic downturn, and WHEREAS, the City of Miami Gardens has established a Business Incentive Program, and WHEREAS, to date, the City has received forty (40) applications for assistance and has disbursed approximately Three-Hundred and Fifty Thousand Dollars ($350,000.00) in funding to these businesses, and WHEREAS, to date, all of these funds have been utilized for façade improvements; however, funds can also be utilized to assist smaller businesses with aesthetic improvements, including signage, space expansion, working capital, and inventory, and WHEREAS, in order to promote the availability of the available “micro loans” under the existing program, Councilman Andrè Williams is proposing that the City host a “Small Business Incentive Program” Application Drive in the City of Miami Gardens to be held in City Hall, Council Chambers, on Tuesday, January 26, 2010, from 8:00 a.m. to 12:00 p.m., and 1 Page 39 of 175 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 WHEREAS, the purpose of the event will be to educate the City of Miami Gardens small businesses about the existence of the Program and to boost participation from smaller business owners within the City, 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 hosting of a “Small Business Incentive Program” Breakfast Workshop and Application Drive to be held in City Hall, Council Chambers, on Tuesday, January 26, 2010, from 8:00 a.m. to 12:00 p.m. 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 GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 2 Page 40 of 175 3 1 2 3 4 5 6 7 8 9 10 11 12 SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS MOVED BY:_____________________ VOTE: _____ 13 Mayor Shirley Gibson (Yes) ___(No) 14 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 15 Councilman Melvin L. Bratton (Yes) ___(No) 16 Councilman Aaron Campbell (Yes) ___(No) 17 Councilwoman Barbara Watson (Yes) ___(No) 18 Councilwoman Sharon Pritchett (Yes) ___(No) 19 Councilman André Williams (Yes) ___(No) Page 41 of 175 Are you a small business with 5 employees or less? Many businesses are suffering due to the economic downturn. Small businesses have been hardest hit due to their inability to obtain bank loans for their operational needs. The City wants to help! If you are a small business* located in Miami Gardens, the City wants to help you during these difficult economic times. Hiring local residents can now put dollars in your pocket! Funds received under this program can be used for: façade improvements, new signage, space expansion, working capital, and inventory. CITY OF MIAMI GARDENS Financial assistance to small businesses BUSINESS INCENTIVE PROGRAM Eligible businesses may receive up to $10,000! *to be eligible, the business must: • Meet financial underwriting criteria • Be a for profit business • Be located in eligible census tract • Hire low-income individuals • Meet all applicable HUD guidelines 1515 N.W. 167 Street Bldg. 5; Ste. # 200 Miami Gardens, FL. 33169 Antranette Pierre Phone: 305-622-8033 E-mail: apierre2@miamigardens-fl.gov CITY OF MIAMI GARDENS-COMMUNITY DEVELOPMENT DEPARTMENT SMALL BUSINESS LOAN WORKSHOP & APPLICATION DRIVE TUESDAY, JANUARY 26, 2010 8:30 A.M. COUNCIL CHAMBERS To Register for the Workshop Please Contact Page 42 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: CDBG 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 Dr. Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT FOR WATER EFFICIENT FIXTURES FOR THE LOW-INCOME SENIOR HOMEOWNERS PROGRAM; ALLOCATING THE SUM OF FIFTEEN THOUSAND DOLLARS ($15,000.00) IN CDBG PROGRAM YEAR ONE (1) FUNDS TO IMPLEMENT THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Miami‐Dade County Water and Sewer Department (WASD) has developed and is implementing a Water Efficient Fixtures for Low‐Income Senior Homeowners Program. This program will retrofit seniors’ bathrooms with more water efficient fixtures. WASD wishes to partner with the City of Miami Gardens for the installation of this fixture to low‐income seniors who live in Miami Gardens. The Department of Community Development will administer this program, and is asking that $15,000 of Community Development Block Grant (CDBG) funds from Program Year 1 be allocated to implement this program. Activities that provide a benefit to seniors and ITEM J-5) CONSENT AGENDA RESOLUTION Water Efficient Fixtures Program Page 43 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 conserve energy and resources have been identified as priorities in the City’s 5‐Year CDBG Consolidated Plan (which covers 2006‐2011). Current Situation WASD wishes to enter into an Interlocal Agreement with the City to provide water efficient fixtures to low‐income seniors living in Miami Gardens. The County, through the Property Appraiser’s Office, has identified approximately 100 low‐income seniors who reside in Miami Gardens and meet the following eligibility criteria: • Must be a City of Miami Gardens resident • Must own and occupy the home, • Must be a single‐family home built prior to 1994, and • Must qualify for the additional Senior Homestead Exemption Program. Only these low‐income seniors identified by the County are eligible to receive the water efficient fixtures through this program. WASD will provide all water efficient fixtures, such as high efficiency toilets, shower heads and aerators, and the City, through its approved and licensed plumbers, will install these fixtures using CDBG funds. The program will consist of: • Replacing high water use toilets with High Efficiency WaterSense labeled Toilets, • Replacing high volume shower heads, • Installing aerators for existing faucets, and • Providing citizens with instructional literature for efficient landscape irrigation. Staff estimates that the installation of these items, plus permit fees will be approximately $150 per household. The Miami‐Dade Property Appraisers Office has identified approximately 100 low‐income seniors in Miami Gardens that meet the eligibility criteria. Therefore, $15,000 of CDBG funds are needed to implement the program. Every effort will be made to use local plumbers to do the installation and permitting work required for this program. An Interlocal Agreement between Miami‐Dade County WASD and the City is required. Proposed Action: City Staff recommends the City Council’s approval of the Interlocal Agreement between Miami‐Dade County Water and Sewer Department and the City of Miami Gardens for the Water Efficient Fixtures for Low‐Income Senior Homeowners Program, and the allocation of $15,000 of CDBG Program Year 1 funds to implement the program. Attachment: Attachment A: Interlocal Agreement between Miami‐Dade County and the City of Miami Gardens Page 44 of 175 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 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT FOR WATER EFFICIENT FIXTURES FOR THE LOW-INCOME SENIOR HOMEOWNERS PROGRAM; ALLOCATING THE SUM OF FIFTEEN THOUSAND DOLLARS ($15,000.00) IN CDBG PROGRAM YEAR ONE (1) FUNDS TO IMPLEMENT THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Miami-Dade County Water and Sewer Department (“WASD”) has implemented a Water Efficient Fixtures for Low-Income Senior Homeowners Program (“Program”), and WHEREAS, in accordance with the Program, water fixtures will be retrofitted with water efficient fixtures, and WHEREAS, WASD would like to partner with the City of Miami Gardens for the installation of fixtures to low-income seniors who live within within the City of Miami Gardens, and WHEREAS, the Department of Community Development will administer the Program based upon an allocation of Fifteen Thousand Dollars ($15,000.00) of Community Development Block Grant Funds from Program Year 1, and WHEREAS, in order to meet the eligibility requirements for the Program, applicants must be residents of the City, must own and occupy the home, the home must be a single-family home built prior to 1994, and the applicant must qualify for the additional Senior Homestead Exemption Program, Page 45 of 175 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 29 30 31 32 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 the City Clerk to execute and attest, respectively, that certain Interlocal Agreement with Miami-Dade County Water and Sewer Department for Water Efficient Fixtures for Low-Income Senior Homeowners Program, in an amount not to exceed Fifteen Thousand Dollars ($15,000.00) in CDBG Program Year One (1) Funds. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER Page 46 of 175 1 2 3 4 5 6 7 8 MOVED BY:_____________________ VOTE: _____ 9 Mayor Shirley Gibson (Yes) ___(No) 10 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 11 Councilman Melvin L. Bratton (Yes) ___(No) 12 Councilman Aaron Campbell (Yes) ___(No) 13 Councilwoman Barbara Watson (Yes) ___(No) 14 Councilwoman Sharon Pritchett (Yes) ___(No) 15 Councilman André Williams (Yes) ___(No) 16 17 18 Page 47 of 175 INTERLOCAL AGREEMENT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF MIAMI GARDENS PROVIDING FOR WATER EFFICIENT FIXTURES FOR LOW-INCOME SENIOR HOMEOWNERS THIS AGREEMENT, entered into this ___ day of _____________, 2010, by and between Miami-Dade County, a political subdivision of the State of Florida, (the “COUNTY”) through its Water and Sewer Department, (“WASD”), and the City of Miami Gardens, a municipal corporation organized and existing under the laws of the State of Florida (the “CITY”) W I T N E S S E T H: WHEREAS, the Total Plumbing Fixture Retrofit Seniors and Low-Income Customers Project (the “Project”) is a comprehensive program to assist lowincome homeowners of single-family dwellings built prior to 1994, including senior citizens who qualify for the additional Senior Homestead Exemption Program on their property; and WHEREAS, the Project consists of retrofitting high water use toilets for High Efficiency Toilets (HET), replacing high volume showerheads, installing aerators for existing faucets, and providing citizens with instructional literature for efficient landscape irrigation; and WHEREAS, the COUNTY, in cooperation with the Miami-Dade County Property Appraiser’s Office, has identified particular senior/low-income citizens in the CITY that qualify for the additional Homestead Exemption Program and whose homes were built prior to 1994; and WHEREAS, the COUNTY and the CITY wish to work together in order to implement the Project for those citizens residing in the CITY who have been selected for the Project by the COUNTY; NOW, THEREFORE, in consideration of mutual advantages, it is agreed: 1. The COUNTY will provide the CITY with a list of qualified citizens residing in the CITY who have been selected for the Project, and the CITY will contact the citizens on the list within 30 days of receiving the list to schedule appointments with the citizens for installation of the HET toilet, showerhead and/or aerators. The CITY agrees to meet with the citizens residing in the CITY who were selected for the Project in order to discuss their retrofit needs and explain the Project and the particular work that will be performed to their property. 2. At the time that the COUNTY provides the CITY with the list of citizens selected for the Project, the COUNTY will provide the CITY with HET toilets, aerators and showerheads for the number of citizens residing in the CITY who have been selected to participate in the Project. Page 48 of 175 3. The CITY will install the HET toilets, aerators and/or showerheads at the home of every citizen residing in the CITY who was selected for the Project. The CITY will perform required inspections, complete work writeups, complete retrofit work in the homes and serve as construction manager for work required to be completed by outside licensed contractors to expedite the necessary retrofits specified in the work writeups. When necessary, the CITY will procure licensed contractors to complete work in the home. 4. The CITY will adhere strictly to all CITY and COUNTY regulations and building codes, including ensuring that licensed contractors secure any necessary building permits prior to work start up and that licensed contractors obtain final inspections. 5. All retrofit work completed by the CITY or outside contractors will be warranted by the CITY or the outside contractor to correct defects due to faulty materials, equipment or workmanship for a minimum of one year. A copy of the warranty will be provided provided to the homeowner. 6. The CITY will pay for all installation costs and permit fees required for installation of HET toilets, aerators and/or showerheads for every citizen for whom the CITY installs a toilet, aerator and/or showerhead as part of the Project. 7. The CITY will conduct a final inspection to ensure the satisfactory completion of all work. During this final inspection, the homeowner will acknowledge that work has been completed by signing the Certificate of Completion. 8. On a quarterly basis, the CITY will provide the COUNTY with the list of citizens residing in the CITY for whom installation has been completed. Upon receipt of the CITY’s quarterly list of work completed, the COUNTY will have the right to conduct its own inspection of the installed HET toilets, aerators and/or showerheads to assure that quality work is being performed. 9. In consideration of good and valuable consideration received from the COUNTY, and in consideration of the covenants in this Contract, the CITY, to the extent permitted by law, agrees to indemnify and save harmless forever, the COUNTY, its officers, agents and employees from all claims, liabilities, actions, losses, costs and expenses, including attorney’s fees, which may be sustained by the COUNTY, its officers, agents, and employees due to, caused by, or arising from the negligence of the CITY, its officers, employees and agents in connection with the performance of this Contract. The CITY agrees to defend against any claims brought or actions filed against the COUNTY, its officers, agents and employees in connection with the subject of the indemnities contained herein. Page 49 of 175 10. In consideration of good and valuable consideration received from the CITY, and in consideration of the covenants in this Contract, the COUNTY, to the extent permitted by law, agrees to indemnify and save harmless forever, the CITY, its officers, agents and employees from all claims, liabilities, actions, losses, costs and expenses, including attorney’s fees, which may be sustained by the CITY, its officers, agents, and employees due to, caused by, or arising from the negligence of the COUNTY, its officers, employees and agents in connection with the performance of this Contract. The COUNTY agrees to defend against any claims brought or actions filed against the CITY, its officers, agents and employees in connection with the subject of the indemnities contained herein. 11. Notwithstanding the above, nothing shall create any liability of the COUNTY or the CITY beyond the scope of Section 768.28 Florida Statutes, as currently in effect or as lawfully amended in the future. 12. Every notice that may be required under this Agreement shall be in writing and directed to the parties at their respective addresses as follows: COUNTY: John W. Renfrow, Director Miami-Dade Water and Sewer Department 3071 S.W. 38 Street Miami, Florida 33146 CITY: Dr. Danny O. Crew, City Manager City of Miami Gardens 1515 N.W. 167 Street Miami Gardens, Florida 33169 13. The term of this Agreement shall be for a period of one year commencing upon the date this Agreement is fully executed by both parties. This Agreement shall automatically renew on January 1 of each year for an additional one year period unless terminated pursuant to Section 14 of this Agreement. 14. This Agreement may be terminated by either party without cause by giving sixty (60) days advance written notification of termination to the appropriate person identified in Section 12 above. 15. This Agreement contains the entire Agreement between the CITY and the COUNTY, and there are no conditions or limitations to this undertaking except those stated herein. After the execution hereof, no amendment, change or modification hereof shall be binding or effective unless executed in writing and signed by both parties hereto. 16. No rights pursuant to this Agreement shall be assignable by the CITY unless the COUNTY agrees in writing. 17. There are no intended third party beneficiaries of this Agreement. Page 50 of 175 18. This Agreement is governed by the laws of the State of Florida. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and venue for any court proceeding shall be in Miami-Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. MIAMI-DADE COUNTY ATTEST: BY: ______________________ BY: ___________________________ Clerk County Mayor CITY OF MIAMI GARDENS ATTEST: BY: _____________________ BY: ____________________________ City Clerk Mayor Approved as to form and legal Approved as to form and legal sufficiency: sufficiency: _______________________ ____________________________ Assistant County Attorney City Attorney Page 51 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 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 N/A Sponsor Name Mayor Shirley Gibson Department: Public Works Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING A PORTION OF NORTHWEST 177TH STREET, BETWEEN 2ND AVENUE AND 7TH AVENUE, TO “BENNETT M. LIFTER WAY”; PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Mr. Bennett M. Lifter had a vision of this community long before it became the City of Miami Gardens. As a realtor and developer, Mr. Lifter purchased approximately 400 acres of land at the Golden Glades Interchange in the late sixties to early seventies. During that time, he was approached by the Florida Dept of Transportation to use approximately 200 acres for the creation of the Florida Turnpike Extension off the Palmetto Expressway. We now know this to be Miami Gardens’ entrance and exit to the turnpike. As a result of that sale, Mr. Lifter began development of the remaining 200 acres into what is known today as the Cloverleaf neighborhood. He built most of the residential developments along NW 177th Street, NW 178th Street and NW 179th Street from NW 2nd Avenue to NW 7th Avenue over the past 30 years. In the early 1990’s when crime was out of control, he elected to close down his apartment units and to begin a sales program to convert renters into homeowners. When FHA and Fannie Mae loans were not available, he provided his own financing. Mr. Lifter created approximately 1,000 home owners during his sales program. ITEM J-6) CONSENT AGENDA RESOLUTION Bennett M. Lifter Way Page 52 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 The transition took time, but by the early 2000’s most of the crime in the Cloverleaf neighborhood had disseminated. As a result, the street became accessible again. Mr. Lifter invested his own funds to create a landscaped buffer as well as hired of a local person who walked along NW 177th Street daily to pick up the garbage. When he noticed that several accidents had occurred at the corner of NW 7th Avenue and NW 5th Avenue along NW 177th Street due to the lack of traffic lights or stop signs, he worked with Miami Dade County to install the necessary traffic signs needed in this area. He believed so much in the area that he put his own money into the creation of a gas station on the corner of NW 177th Street (which was subsequently sold) and into the development of his headquarters at the corner of NW 179th Street and US 441. On Sunday, September 27, 2009, Mr. Bennett M. Lifter passed away leaving a great legacy in the City of Miami Gardens. Naming a portion on Northwest 177th Street between 2nd Avenue and 7th Avenue would be an adequate gesture to recognize a man who had a vision of this improve this community long before it became the City of Miami Gardens. Proposed Action: It is recommended that the Council approve the attached Resolution for the naming of NW 177th Street between 2nd Avenue and 7th Avenue in Miami Gardens, Florida to “Bennett M. Lifter Way”. Attachment: None. Page 53 of 175 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RENAMING A PORTION OF NORTHWEST 177TH STREET, BETWEEN 2ND AVENUE AND 7TH AVENUE, TO “BENNETT M. LIFTER WAY;” PROVIDING FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Mr. Bennett M. Lifter was a visionary in this community long before it became the City of Miami Gardens, and WHEREAS, as a realtor and developer, Mr. Lifter, purchased approximately 400 acres of land at the Golden Glades Interchange in the late sixties and early seventies, and WHEREAS, he sold approximately 200 acres to the Florida Department of Transportation for the creation of the Miami Gardens entrance and exit to the Florida Turnpike Extension off the Palmetto Expressway, and WHEREAS, Mr. Lifter developed the remaining 200 acres into a residential development, which is known today as the Cloverleaf neighborhood, and WHEREAS, over the past thirty (30) years, Mr. Lifter developed most of the residential areas along Northwest 177th Street, Northwest 178th Street and Northwest 179th Street, between Northwest 2nd Avenue to Northwest 7th Avenue , and WHEREAS, Mr. Lifter invested his time and money into reducing crime and improving the aesthetics of the area, and WHEREAS, on Sunday, September 27, 2009, Mr. Bennett M. Lifter passed away leaving a great legacy in the City of Miami Gardens, and 1 Page 54 of 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, Mayor Shirley Gibson recommends renaming a portion of Northwest 177th Street between 2nd Avenue and 7th Avenue to recognize a man who had a vision to improve this community long before it became the City of Miami Gardens, 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. RENAMING: The City Council of the City of Miami Gardens hereby approves renaming a portion of Northwest 177th Street between 2nd Avenue and 7th Avenue to “Bennett M. Lifter Way.” Section 3. INSTRUCTIONS TO THE CITY MANAGER: The City Manager is hereby instructed to direct the Director of Public Works to take any and all steps necessary to rename a portion of Northwest 177th Street between 2nd Avenue and 7th Avenue to “Bennett M. Lifter Way.” 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 2 Page 55 of 175 3 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 AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: SHIRLEY GIBSON, MAYOR MOVED BY:_____________________ VOTE: _____ 28 Mayor Shirley Gibson (Yes) ___(No) 29 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 30 Councilman Melvin L. Bratton (Yes) ___(No) 31 Councilman Aaron Campbell (Yes) ___(No) 32 Councilwoman Barbara Watson (Yes) ___(No) 33 Councilwoman Sharon Pritchett (Yes) ___(No) 34 Councilman André Williams (Yes) ___(No) 35 36 37 Page 56 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 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: Capital Improvements – Safe Neighborhood s Bond ram Park Prog Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910018 Norwood Pool & Pool House Piping Replacement X Sponsor Name Dr. Danny Crew, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SK QUALITY CONTRACTOR, INC. TO REPLACE THE PIPING SYSTEM AT NORWOOD POOL IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($264,000.00) WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH SK QUALITY CONTRACTOR, INC. ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On two separate occasions at Norwood Pool sections of the pool piping has been replaced. Excavation indicated that the piping is in very bad condition and in need of complete ITEM J-7) CONSENT AGENDA RESOLUTION Awarding a bid to SK Quality Contractor, Inc. Page 57 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 replacement. In addition, during a recent renovation the existing pool house at Norwood staff noted the poor condition of all of the domestic water piping for the restrooms and showers. On February 25, 2009 City Council in accordance with Resolution No. 2009-17-962 authorized the City Manager to approve a Nonexclusive Continuing Contract with URS Corporation Southern (URS). The piping replacement scope, budget and schedule were finalized and a purchase order was issued to URS in June 2009.URS completed the construction documents on schedule and the project was advertised for bids on November 9, 2009. Current Situation The plans and specs prepared by URS were broadcasted as ITB #09-10-018 on November 9, 2009. A broadcast notice was sent to 976 vendors, six (6) bid packages were requested. A prebid meeting was held on November 16, 2009, and fourteen (14) companies attended. The bids were opened on December 10, 2009. Only one bid was received and publicity read at that time. Pam Thompson, Procurement Manager evaluated the bid for compliance with the specifications and their ability to perform the work. The references of the bidder were checked by staff and found favorable. The apparent low bidder is SK Quality Contractor, Inc. located in Miami, Florida. The Financial Department reviewed SK Quality Contractor’s financial report and found the company financially stable. The bid is less than the estimate developed by URS and the funding will be provided by the Safe Neighborhood Parks (SNP) Bond Program. A copy of the proposal document is available for review at the office of the Assistant to the Mayor and Council. Proposed Action: That City Council approve the attached resolution awarding the bid to SK Quality Contractor, Inc. of Miami Florida in the amount not to exceed $264,000, which includes a 10% contingency ($24,000), and authorizing the City Manager to negotiate and execute a contract with same. Attachment: Attachment A: Agreement Attachment B: Bid Tabulation Sheet Page 58 of 175 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SK QUALITY CONTRACTOR, INC. TO REPLACE THE PIPING SYSTEM AT NORWOOD POOL IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($264,000.00) WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH SK QUALITY CONTRACTOR, INC. ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on two separate occasions, sections of the pipes at the Norwood Pool have been replaced, and WHEREAS, the excavation indicated that the piping is in bad condition and in need of complete replacement, and WHEREAS, broadcast notice was sent to vendors as ITB #09-10-018 to complete the pipe replacement project, and WHEREAS, SK Quality Contractor, Inc., located in Miami, Florida, was the only vendor to respond to the bid, and WHEREAS, City Staff reviewed SK Quality Contractor, Inc.’s financial history report and determined that the company is financially stable, and WHEREAS, the City Manager is recommending that the City Council award the bid to SK Quality Contractor, Inc. in an amount not to exceed Two Hundred Sixty-Four Thousand Dollars ($264,000.00) which includes a ten percent (10%) contingency fee for unforeseen conditions, 1 Page 59 of 175 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 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 SK Quality Contractor, Inc., located in Miami, Florida, attached hereto as Exhibit “A” to replace the piping system at Norwood Pool in an amount not to exceed Two Hundred Sixty-Four Thousand Dollars ($264,000.00) which includes a ten percent (10%) contingency fee for unforeseen conditions. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject contract with one (1) to be maintained by the City and one (1) to be delivered to SK Quality Contractor, Inc. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK 2 Page 60 of 175 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 17 Mayor Shirley Gibson (Yes) ___(No) 18 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 19 Councilman Melvin L. Bratton (Yes) ___(No) 20 Councilman Aaron Campbell (Yes) ___(No) 21 Councilwoman Barbara Watson (Yes) ___(No) 22 Councilwoman Sharon Pritchett (Yes) ___(No) 23 Councilman André Williams (Yes) ___(No) Page 61 of 175 CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of this _______ day of ______________,20___, by and between SK Quality Contractor 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. 09-10-018 dated December 10, 2009. 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. Agreement & General Conditions d. Bid Document including all plans & drawings. e. Contractor’s bid submittal 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 62 of 175 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 TIME 3.1 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. 3.1.1 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. 3.2 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 forty-five (45) calendar days from the issuance of the Notice to Proceed, completed and ready for final payment in accordance with Article 6 within seventy-five (75) days from the date certified by CITY as the date of Final Completion. 3.3 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 One Hundred and Fifty Dollars ($150.00) for each calendar day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 3.2 above, plus approved time extensions, if any, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 3.2 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 Page 63 of 175 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. 3.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 3.5 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 4. COMPENSATION CITY shall pay CONTRACTOR as full compensation for the all material, services, labor and performance, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown in the Contract Documents, the sum of Two Hundred Forty Thousand Dollars ($240,000.00). ARTICLE 5. 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 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 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 Page 64 of 175 the Contract Documents. Upon Final Completion and acceptance one half (1/2) of the retainage will be returned to CONTRACTOR in accordance with the terms and conditions stipulated in the Contract Documents. One half (1/2) of the retainage fee shall be held and shall be redeemable upon satisfactory completion of the twelve (12) months or six (6) months warranty period. The City shall select length of warranty period upon notice of award. 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 6. 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 this Contract, or receipts in full for all Work; and an Affidavit certifying that all suppliers and Sub-Contractors have have been paid in full, and that all other indebtedness connected with the Work has been paid. 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: Page 65 of 175 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 7. MISCELLANEOUS 7.1 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. 7.2 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, or agents or sub-contractors 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. 7.3 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 certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. 7.4 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 Page 66 of 175 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. 7.5 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. 7.6 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: SK Quality Contractor, Inc. Fed. ID#20-5846851 Address: 15441 SW 49th Street Telephone # 305-485-8802 Address: Fax # 305-485-4847 City, State & Zip: Miami, FL 33185 Contact Person: Edwin Sanabria Title: President 7.7 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. 7.8 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 Page 67 of 175 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. 7.9 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. 7.10 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. 7.11 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. 7.12 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. 7.13 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 6.11 above. 7.14 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. Page 68 of 175 7.15 Risk of Loss; Ownership: The risk of loss, injury or destruction of any personal property, including but not limited to the $240,000.00, 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. 7.16 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, 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 69 of 175 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 Manager APPROVED AS TO FORM: ________________________________ CITY Attorney Dated: Page 70 of 175 City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet ITB#09-10-018 Norwood Pool & Pool House Piping Replacement December 10, 2009 Item SK Quality Contractor, Inc. Miami, FL 5% Bid Bond YES Mobilization/Demobil (<5% of total bid) $12,000.00 Insurance -Bonds $8,000.00 General Conditions $31,500.00 Sub-Total $51,500.00 Miscellaneous $8,000.00 Div 2 – Selective Structure Demolition $8,000.00 Div 3 -Concrete $6,500.00 Div 4 – Unit Masonry $3,000.00 Div 6 – Rough Carpentry $6,000.00 Div 7 – Thermal/Moisture Protection $2,000.00 Div 9 -Finishes $9,000.00 Div 22 -Plumbing $124,000.00 Div 31 -Earthwork $6,000.00 Div 32 – Exterior Improvements $8,000.00 Div 33 -Utilities $8,000.00 TOTAL PROJECT $240,000.00 Page 71 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 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: Capital Improvements Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Sponsor Name Dr. Danny Crew, City Manager Department: Procurement Division Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ASSIGNMENT OF THAT CERTAIN PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES TO B.E.A. ARCHITECTS, INC. TO ASSIST WITH THE BIDDING PROCESS FOR NORTH DADE OPTIMIST PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background The City of Miami Gardens currently has a continuing non‐exclusive professional services agreement for architectural and engineering services with B.E.A. International Corporation. The contract was awarded on April 27, 2005 for a term of five years. B.E.A. International Corp. was selected as one of three architectural firms for the Parks Master Plan which included North Dade Optimist Park. Current Situation The plans for North Dade Optimist Park are complete and ready for bid. The City needs assistance from the architect of record (B.E.A. International) during the bidding phase to address any Request for Information questions. The City was put on notice that as of December 31, 2009, the firm B.E.A. International Corp. will cease to provide services and the City will either have to procure said services elsewhere or assign our agreement to BEA Architects, Inc. ITEM J-8) CONSENT AGENDA RESOLUTION Agreement w/B.E.A. Architectural Inc. Page 72 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 BEA Architects Inc. received a court order authorizing the purchase of our agreement from BEA International Corp. The City’s professional agreement contains an assignment clause whereby the Consultant may not assign the Agreement without the express written consent of the City. Proposed Action: Staff is requesting the City Council to approve the attached resolution authorizing the assignment of our professional services agreement to BEA Architects, Inc. located in Miami, Florida, for the non‐exclusive professional services agreement through April 2010, in order to ensure assistance with the bidding process for North Dade Optimist Park. Attachment: Attachment A: Consignment Agreement Page 73 of 175 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 ASSIGNMENT OF THAT CERTAIN PROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTURAL AND ENGINEERING SERVICES TO B.E.A. ARCHITECTS, INC. TO ASSIST WITH THE BIDDING PROCESS FOR NORTH DADE OPTIMIST PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 27, 2005, the City of Miami Gardens awarded B.E.A. International Corporation a continuing five (5) year non-exclusive professional services agreement for architectural and engineering services, and WHEREAS, B.E.A. International Corporation was selected as one of the three architectural firms for the Parks and Recreation Master Plan which included North Dade Optimist Park, and WHEREAS, the City needs the assistance of the architect of record, B.E.A. International Corporation to respond to Request for Information questions, during the bidding phase for the completion of North Dade Optimist Park, and WHEREAS, on December 31, 2009, the firm B.E.A. International Corporation will cease to provide services and the City will either have to procure said services elsewhere or assign this agreement to BEA Architects, Inc. WHEREAS, City Staff is requesting that the City Council authorize the assignment of the professional services agreement to BEA Architects, Inc. to assist with the bidding process for North Dade Optimist Park, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 1 Page 74 of 175 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 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 assignment of the Professional Services Agreement for architectural and engineering services from B.E.A. International Corporation to BEA Architects, Inc. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 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:_____________________ 2 Page 75 of 175 3 1 2 3 VOTE: _____ 4 Mayor Shirley Gibson (Yes) ___(No) 5 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 6 Councilman Melvin L. Bratton (Yes) ___(No) 7 Councilman Aaron Campbell (Yes) ___(No) 8 Councilwoman Barbara Watson (Yes) ___(No) 9 Councilwoman Sharon Pritchett (Yes) ___(No) 10 Councilman André Williams (Yes) ___(No) Page 76 of 175 CONSENT TO ASSIGNMENT WHEREAS, on April 27, 2005, the City of Miami Gardens (“City”) awarded a nonexclusive professional services agreement for architectural and engineering services with B.E.A. International Corporation (“B.E.A. International”), and WHEREAS, B.E.A. International has notified the City that it intends to assign the City’s current contract with B.E.A. International to B.E.A. Architects, Inc., Inc. (“B.E.A. Architects”), and WHEREAS, B.E.A. International has requested that the City consent to an assignment of the Agreement to B.E.A. Architects, NOW THEREFORE, for good and sufficient consideration, the receipt of which is hereby acknowledged, the City of Miami Gardens, a party to that certain Contract, hereby consents as follows: To the assignment of the Contract in its entirety to B.E.A. Architects, provided that B.E.A. International shall continue to be liable for any and all actions and omissions of B.E.A. International. Furthermore, B.E.A. Architects shall be liable for the full and faithful performance of all obligations, conditions, terms and provisions under the Contract. Under no circumstances shall this Consent be deemed an extension of the Contract. CITY OF MIAMI GARDENS ________________________ ________________ Danny Crew, City Manager Date ATTEST: ____________________ City Clerk Ronetta Taylor, MMC Page 77 of 175 Approved as to form and legal Sufficiency: ___________________________ Sonja K. Dickens, City Attorney Page 78 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 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: Capital Improvements – Safe Neighborhood s Bond ram Park Prog Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB#0910018 Norwood Pool & Pool House Piping Replacement X Sponsor Name Dr. Danny Crew, City Manager Department: Capital Improvements Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SK QUALITY CONTRACTOR, INC. TO REPLACE THE PIPING SYSTEM AT NORWOOD POOL IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($264,000.00) WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH SK QUALITY CONTRACTOR, INC. ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background On two separate occasions at Norwood Pool sections of the pool piping has been replaced. Excavation indicated that the piping is in very bad condition and in need of complete ITEM J-9) CONSENT AGENDA RESOLUTION Renew a contract w/Straightline Engineering, Inc. Page 79 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 replacement. In addition, during a recent renovation the existing pool house at Norwood staff noted the poor condition of all of the domestic water piping for the restrooms and showers. On February 25, 2009 City Council in accordance with Resolution No. 2009-17-962 authorized the City Manager to approve a Nonexclusive Continuing Contract with URS Corporation Southern (URS). The piping replacement scope, budget and schedule were finalized and a purchase order was issued to URS in June 2009.URS completed the construction documents on schedule and the project was advertised for bids on November 9, 2009. Current Situation The plans and specs prepared by URS were broadcasted as ITB #09-10-018 on November 9, 2009. A broadcast notice was sent to 976 vendors, six (6) bid packages were requested. A prebid meeting was held on November 16, 2009, and fourteen (14) companies attended. The bids were opened on December 10, 2009. Only one bid was received and publicity read at that time. Pam Thompson, Procurement Manager evaluated the bid for compliance with the specifications and their ability to perform the work. The references of the bidder were checked by staff and found favorable. The apparent low bidder is SK Quality Contractor, Inc. located in Miami, Florida. The Financial Department reviewed SK Quality Contractor’s financial report and found the company financially stable. The bid is less than the estimate developed by URS and the funding will be provided by the Safe Neighborhood Parks (SNP) Bond Program. A copy of the proposal document is available for review at the office of the Assistant to the Mayor and Council. Proposed Action: That City Council approve the attached resolution awarding the bid to SK Quality Contractor, Inc. of Miami Florida in the amount not to exceed $264,000, which includes a 10% contingency ($24,000), and authorizing the City Manager to negotiate and execute a contract with same. Attachment: Attachment A: Agreement Attachment B: Bid Tabulation Sheet Page 80 of 175 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO SK QUALITY CONTRACTOR, INC. TO REPLACE THE PIPING SYSTEM AT NORWOOD POOL IN AN AMOUNT NOT TO EXCEED TWO HUNDRED SIXTY-FOUR THOUSAND DOLLARS ($264,000.00) WHICH INCLUDES A TEN PERCENT (10%) CONTINGENCY; AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT WITH SK QUALITY CONTRACTOR, INC. ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, on two separate occasions, sections of the pipes at the Norwood Pool have been replaced, and WHEREAS, the excavation indicated that the piping is in bad condition and in need of complete replacement, and WHEREAS, broadcast notice was sent to vendors as ITB #09-10-018 to complete the pipe replacement project, and WHEREAS, SK Quality Contractor, Inc., located in Miami, Florida, was the only vendor to respond to the bid, and WHEREAS, City Staff reviewed SK Quality Contractor, Inc.’s financial history report and determined that the company is financially stable, and WHEREAS, the City Manager is recommending that the City Council award the bid to SK Quality Contractor, Inc. in an amount not to exceed Two Hundred Sixty-Four Thousand Dollars ($264,000.00) which includes a ten percent (10%) contingency fee for unforeseen conditions, 1 Page 81 of 175 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 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 SK Quality Contractor, Inc., located in Miami, Florida, attached hereto as Exhibit “A” to replace the piping system at Norwood Pool in an amount not to exceed Two Hundred Sixty-Four Thousand Dollars ($264,000.00) which includes a ten percent (10%) contingency fee for unforeseen conditions. Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain two (2) fully executed copies of the subject contract with one (1) to be maintained by the City and one (1) to be delivered to SK Quality Contractor, Inc. Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK 2 Page 82 of 175 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 17 Mayor Shirley Gibson (Yes) ___(No) 18 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 19 Councilman Melvin L. Bratton (Yes) ___(No) 20 Councilman Aaron Campbell (Yes) ___(No) 21 Councilwoman Barbara Watson (Yes) ___(No) 22 Councilwoman Sharon Pritchett (Yes) ___(No) 23 Councilman André Williams (Yes) ___(No) Page 83 of 175 CITY OF MIAMI GARDENS CONSTRUCTION CONTRACT THIS CONTRACT made as of this _______ day of ______________,20___, by and between SK Quality Contractor 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. 09-10-018 dated December 10, 2009. 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. Agreement & General Conditions d. Bid Document including all plans & drawings. e. Contractor’s bid submittal 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 84 of 175 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 TIME 3.1 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. 3.1.1 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. 3.2 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 forty-five (45) calendar days from the issuance of the Notice to Proceed, completed and ready for final payment in accordance with Article 6 within seventy-five (75) days from the date certified by CITY as the date of Final Completion. 3.3 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 One Hundred and Fifty Dollars ($150.00) for each calendar day after the time specified in Section 3.2 above, plus any approved time extensions, for Substantial Completion. After Substantial Completion should CONTRACTOR fail to complete the remaining Work within the time specified in Section 3.2 above, plus approved time extensions, if any, for completion and readiness for final payment, CONTRACTOR shall pay to CITY the sum of Two Hundred Dollars ($200.00) for each calendar day after the time specified in Section 3.2 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 Page 85 of 175 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. 3.4 CITY is authorized to deduct liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 3.5 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 4. COMPENSATION CITY shall pay CONTRACTOR as full compensation for the all material, services, labor and performance, including overhead and profit, associated with completion of all the Work in full conformity with the requirements as stated or shown in the Contract Documents, the sum of Two Hundred Forty Thousand Dollars ($240,000.00). ARTICLE 5. 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 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 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 Page 86 of 175 the Contract Documents. Upon Final Completion and acceptance one half (1/2) of the retainage will be returned to CONTRACTOR in accordance with the terms and conditions stipulated in the Contract Documents. One half (1/2) of the retainage fee shall be held and shall be redeemable upon satisfactory completion of the twelve (12) months or six (6) months warranty period. The City shall select length of warranty period upon notice of award. 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 6. 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 this Contract, or receipts in full for all Work; and an Affidavit certifying that all suppliers and Sub-Contractors have have been paid in full, and that all other indebtedness connected with the Work has been paid. 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: Page 87 of 175 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 7. MISCELLANEOUS 7.1 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. 7.2 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, or agents or sub-contractors 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. 7.3 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 certifications of competency required by the State of Florida and the County of Miami-Dade to perform the Work herein described. 7.4 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 Page 88 of 175 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. 7.5 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. 7.6 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: SK Quality Contractor, Inc. Fed. ID#20-5846851 Address: 15441 SW 49th Street Telephone # 305-485-8802 Address: Fax # 305-485-4847 City, State & Zip: Miami, FL 33185 Contact Person: Edwin Sanabria Title: President 7.7 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. 7.8 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 Page 89 of 175 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. 7.9 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. 7.10 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. 7.11 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. 7.12 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. 7.13 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 6.11 above. 7.14 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. Page 90 of 175 7.15 Risk of Loss; Ownership: The risk of loss, injury or destruction of any personal property, including but not limited to the $240,000.00, 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. 7.16 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, 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 91 of 175 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 Manager APPROVED AS TO FORM: ________________________________ CITY Attorney Dated: Page 92 of 175 City of Miami Gardens 1515 N.W. 167th Street: Bldg. 5 Suite 200 Miami Gardens, Florida 33169 Procurement Department Tabulation Sheet ITB#09-10-018 Norwood Pool & Pool House Piping Replacement December 10, 2009 Item SK Quality Contractor, Inc. Miami, FL 5% Bid Bond YES Mobilization/Demobil (<5% of total bid) $12,000.00 Insurance -Bonds $8,000.00 General Conditions $31,500.00 Sub-Total $51,500.00 Miscellaneous $8,000.00 Div 2 – Selective Structure Demolition $8,000.00 Div 3 -Concrete $6,500.00 Div 4 – Unit Masonry $3,000.00 Div 6 – Rough Carpentry $6,000.00 Div 7 – Thermal/Moisture Protection $2,000.00 Div 9 -Finishes $9,000.00 Div 22 -Plumbing $124,000.00 Div 31 -Earthwork $6,000.00 Div 32 – Exterior Improvements $8,000.00 Div 33 -Utilities $8,000.00 TOTAL PROJECT $240,000.00 Page 93 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 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: Capital Improvement Fund ilding Better munitie ond – Bu Com s B Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Dr. Danny O. Crew, City Manager Department: Capital Projects Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO UTILIZE THE SERVICES OF THE MIAMI-DADE COUNTY ART IN PUBLIC PLACES DIVISION TO ASSIST THE CITY WITH THE ESTABLISHMENT OF AN “ART IN PUBLIC PLACES” PROGRAM FOR THE MIAMI GARDENS COMMUNITY CENTER, IN THE SUM OF EIGHT THOUSAND DOLLARS ($8,000.00); AUTHORIZING THE CITY MANAGER TO EXPEND THE AMOUNT OF ONE HUNDRED SEVENTY-TWO THOUSAND, ONE HUNDRED THIRTY-NINE DOLLARS FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background In accordance with Miami‐Dade County Ordinance No. 2‐11.15 Art in Public Places (AAIP), as well as the Building Better Communities General Obligation Bond (GOB) contract for Miami Gardens Community Center, the City must allocate 1.5% of the eligible project construction and design costs to integrate public art at this public facility. ITEM J-10) CONSENT AGENDA RESOLUTION Art in Public Places Page 94 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 In addition, according to the contract, the reimbursement of GOB funds is contingent upon meeting the requirements of the aforementioned County ordinance. Current Situation The City of Miami Gardens is required to integrate public art at the Miami Gardens Community Center in the amount of $172,139 in accordance with Miami‐Dade County Ordinance No. 2‐11.15. This allocation is calculated at 1.5% of the sum of eligible project construction costs ($10,330,406) and eligible design costs ($1,145,540). This allocation will be charged as part of the Fixtures, Furniture and Equipment (FF&E) budget for the facility, of which the cost of art implementation can and has been categorized under. Due to the fact that this will be the first time that the City will procure art under the Art in Public Places (AIPP) provision, staff is recommending a collaboration with the County Art in Public Places Division to administer this project. The services provided provided by the County will cost the City $8,000. The $8,000 fee for the AIPP staff to provide services to administer the process shall be subtracted from the $172,139.00 to be utilized for the implementation of the Art in Public Places at the Miami Gardens Community Center. Furthermore, City staff will participate in constructing the solicitation and short listing artists for the project. The City of Miami Gardens will have final approval of the artist. Proposed Action: It is recommended that the City Council approve the attached resolution authorizing the city to utilize the services of the Miami Dade County Art in Public Places Division. Attachment: Attachment A – Proposal from Miami‐Dade County for the implementation of Art in Public Places at the Miami Gardens Community Center. Attachment B – Miami‐Dade County Ordinance No. 2‐11.15. Page 95 of 175 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO UTILIZE THE SERVICES OF THE MIAMI-DADE COUNTY ART IN PUBLIC PLACES DIVISION TO ASSIST THE CITY WITH THE ESTABLISHMENT OF AN “ART IN PUBLIC PLACES” PROGRAM FOR THE MIAMI GARDENS COMMUNITY CENTER, IN THE SUM OF EIGHT THOUSAND DOLLARS ($8,000.00); AUTHORIZING THE CITY MANAGER TO EXPEND THE AMOUNT OF ONE HUNDRED SEVENTY-TWO THOUSAND, ONE HUNDRED THIRTY-NINE DOLLARS FOR IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Miami-Dade County Ordinance No. 2-11.15 (“Art in Public Places”), as well as the Building Better Communities General Obligation Bond (GOB) contract for the Miami Gardens Community Center, the City is required to allocate 1.5% of the eligible project construction and design costs to integrate public art at the Community Center, and WHEREAS, it is estimated that the amount to be expended for “Art in Public Places” at the Miami Gardens Community Center is One Hundred Seventy-Two Thousand, One Hundred Thirty-Nine Dollars ($172,139.00), and WHEREAS, in order to implement the Art in Public Places Program at the Community Center, City staff is recommending that the City utilize the services of the Miami-Dade County Art in Public Places Division to assist the City with the establishment of an Art in Public Places program for the Miami Gardens Community Center, and 1 Page 96 of 175 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 WHEREAS, City Staff is requesting that the City Council authorize the City Manager to spend the sum of One Hundred Seventy-Two Thousand, One Hundred Thirty-Nine Dollars ($172,139.00) from the Capital Improvement Fund in the Building Better Communities General Obligation Bond for Art in Public Places at the Community Center, 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 to utilize the services of the Miami-Dade County Art in Public Places Division to assist the City with the establishment of an Art in Public Places Program for the Miami Gardens Community Center, in the amount eight thousand dollars ($8,000.00). The City Manager is further authorized to expend the amount of One Hundred Seventy-Two Thousand, One Hundred Thirty-Nine Dollars for implementation of the Program. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. 2 Page 97 of 175 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY O. CREW, CITY MANAGER MOVED BY:_____________________ VOTE: _____ 25 Mayor Shirley Gibson (Yes) ___(No) 26 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 27 Councilman Melvin L. Bratton (Yes) ___(No) 28 Councilman Aaron Campbell (Yes) ___(No) 29 Councilwoman Barbara Watson (Yes) ___(No) 30 Councilwoman Sharon Pritchett (Yes) ___(No) 31 Councilman André Williams (Yes) ___(No) Page 98 of 175 Cultural Affairs 111 NW 1st Street • Suite 625 Miami, FL 33128-1994 T 305-375-4634 F 305-375-3068 miamidadearts.org miamidade.gov Carlos Alvarez, Mayor November 30, 2009 Ms. Vernita Nelson, Assistant City Manager City of Miami Gardens 1515 NW 167 Street Bldg 5 Suite 200 Miami Gardens, FL 33169 Dear Ms. Nelson: First of all, we’d like to thank you for taking the time to share with us all of the exciting projects that the city is undertaking to enhance the quality of life for its residents. We commend your Mayor and City Council in maintaining a forward thinking vision for the future of Miami Gardens. We have held a number of meetings with your team to discuss the compliance of the City of Miami Gardens with Miami-Dade County’s Art in Public Places Ordinance (MDC-APP) pursuant to the conditions set forth in the City’s agreement with the County for receiving General Obligation Bond (GOB) funds. At our last meeting, we agreed to establish a working relationship to implement a public art component in conjunction conjunction with the construction of your new community center. You asked for our terms to assist your City in this process through the artist selection process phase. Following is an overview of our business terms for accomplishing this work on behalf of the City of Miami Gardens: Overview -The City will secure MDC-APP technical assistance through completion of the Artist Selection Phase (ASP). APP will draw a Professional Advisory Committee Panel from its pool of approved local arts professionals. Under this option, the City assumes full responsibility for the implementation of the art project with its own forces and compliance with Miami-Dade County’s Art in Public Places Ordinance. 􀂃 MDC-APP will charge the City an $8,000 lump sum amount (approx. 5% of the required APP allocation for this eligible project) to provide technical services through the Artist Selection Process. These services will specifically include: 􀂃 Establishing scope and project guidelines in partnership with City staff 􀂃 Drafting and reviewing of Call to Artist 􀂃 Distributing the Call using state of the arts electronic application and selection system (CaFé) 􀂃 Managing project related and application inquiries 􀂃 Coordinating Professional Advisory Committee (PAC) Panel for Artists Shortlist 􀂃 Coordinating the Artist Project Orientation Meeting 􀂃 Managing Artists RFIs for completion of Artist Design Proposals 􀂃 Coordinating PAC for final Artist(s) Selection 􀂃 Providing the City with contract language and procedural assistance for Proposal, Design, and Fabrication and Installation phases 􀂃 Delivery to the City of all project-related documentation gathered by APP 􀂃 Estimated phase completion: 12 weeks from City NTP to APP Page 99 of 175 Cultural Affairs 111 NW 1st Street • Suite 625 Miami, FL 33128-1994 T 305-375-4634 F 305-375-3068 miamidadearts.org miamidade.gov Carlos Alvarez, Mayor Given this scenario, MDC-APP can recommend to the Miami-Dade Office of Capital Improvements that partial release of the APP project allocation be disbursed to the City upon completion and County (APP) acceptance of the critical milestones established for the art project. We propose the following plan: APP Calculation -based on information provided to date by the City Eligible Project Construction Costs $ 10,330,406 Eligible Design Costs * $ 1,145,540 Total Project Cost to date: $ 11,475,946 APP Allocation (1.5%) $ 172,139 * Design Costs shall include all A/E fees, specialty consultants, permit and inspection fees, special testing, and contingencies APP Allocation to Date $ 172,139 MDC -APP Proposed Fee for (ASP) $ 8,000 Balance for Art Project $ 164,139 (A) Recommended Admin Fee (15%) 1 $ 24,621 (B) Recommended Maintenance Fee (15%) $ 24,621 Gross Artwork commission budget $ 114,897 (C) Design Proposal Phase ( 4 artists x $750 ea.) $ 3,000 (D) Final Commission Contract Amount $ 111,897 APP Proposed Schedule of Payments to City Upfront Fees (A+D) $ 27,621 50% of (D) upon formal PSA and Artist NTP $ 55,949 50% of (D) upon Artist NTP for Fab & Inst $ 55,949 Final Pmt (B) at project substantial completion $ 24,621 Total Payments to City $ 164,139 1 City reserves the right to allocate any percentage deemed appropriate for administrative and maintenance purposes related to the artwork project as long as the combined total of these costs is no more than 30% of the overall APP required allocation. Page 100 of 175 Cultural Affairs 111 NW 1st Street • Suite 625 Miami, FL 33128-1994 T 305-375-4634 F 305-375-3068 miamidadearts.org miamidade.gov Carlos Alvarez, Mayor MDC-APP is open to further discussing this proposed plan with your staff to establish consensus and good will as we move forward in our collaboration. Shall your City agree to secure the services of the Miami-Dade Art in Public Places Program as proposed; we will need to receive a letter from you confirming our agreement. Please, note the APP Proposal Fee will need to be paid with a City issued check which can be submitted for reimbursement to the Miami-Dade Office of Capital Improvements under your GOB contract allocation. Given the time sensitive nature of this project, we can offer to proceed with our scope of work as soon as we receive a formal notice of acceptance from the City. We look forward to working with the City of Miami Gardens to assist in the implementation of your own successful public art program. Please, feel free to contact me if you have any questions. Sincerely, Patricia Romeu Project Manager Cc: Michael Spring, Director, MDC Dept. of Cultural Affairs Brandi Reddick, MDC Art in Public Places Brandan DeCaro, City of Miami Gardens Christina Goetzman, City of Miami Gardens Frank Barriga, Miami-Dade Office of Capital Improvements –GOB Veronica Rubert, Miami-Dade Office of Capital Improvements –SNP Page 101 of 175 Page 102 of 175 Page 103 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 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 Bond Issue Public Hearing: (Enter X in box) Yes No Yes No x Funding Source: n/a Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x n/a Sponsor Name City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO NEGOTIATE A DEVELOPER’S AGREEMENT WITH MIAMI GARDENS TOWN CENTER, LLC, FOR DEVELOPMENT OF THE CITY HALL AND TOWN CENTER, IN ACCORDANCE WITH THE TERM SHEET ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Miami Gardens Town Center, LLC (“MGTC”) previously submitted a proposal to the City of Miami Gardens, for development development of the City Hall Site and Town Center Area located on Northwest 27th Avenue. On July 22, 2009, City Council authorized the City Manager to negotiate with MGTC to determine the viability of the creation of the Miami Gardens Town Center, and subsequently, on October 28, 2009, the City Council authorized the City Manager to create the City of Miami Gardens Leasing Corporation and City Council also directed the City Manager, City Attorney and J. Kevin Lawler, the City’s Consultant, to negotiate with MGTC for development of City Hall and Town Center . The City Manager and City Attorney, along with outside consultants, J. Kevin Lawler and James C. Brady have completed negotiations with the proposed developer on a general Term Sheet outlining a proposed Co‐Development Agreement (CDA). If City Council so authorizes, staff will meet with the developer and will bring back a detailed CDA to City Council for consideration. Key Points of this Term Sheet cover five main areas: 1. Design a. Architect: Developer will solicit three qualified firms to be interviewed by Council with ranking preference, with formal selection by the developer. Fees will be established upfront. ITEM K-1) RESOLUTION Agreement w/Miami Gardens Town Center, LLC Page 104 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 b. City Controls/Reviews: Provides for the City to have sign off approval on the design, plans and any changes to project details. c. Joint Site Plan: Provides for the joint hiring of a specialized land design firm to create a unified site master plan and design guidelines. d. LEEDS: Specifies that public buildings will be LEEDS certified. 2. Construction a. Detailed Agreement: Provides for a detailed Co‐development agreement between the City and the developer outlining in detail, the various provisions of the term sheet and other duties and obligations of the parties. b. G‐Max Structure: Retains the Builder‐at‐Risk and Guaranteed Maximum Price structure for the construction contract with the City at competitive market terms. c. Local subs Commitment: Sets an objective of 20% local sub‐contracting. d. City approval of drawdown requests to Trustee: Provides that the City will have control via sign‐off approval of all bills to the Trustee, and for the retention of a portion of each bill until the project is completed. e. Provides for bonding of the project to ensure completion. 3. Development Fee a. Sets Fee: Sets the development services fee at $2.7 million ($2.5 mil base + .2 mil incentive) for Phase I activities. b. Integrates with Phase II: Provides for an ‘earn out’ of 40% of this fee based on commencement of Phase II (the shopping center property). 4. Phase II Commitments a. Land commitment including City option: The Term Sheet defines the developer’s obligations as to Phase II of the proposed Town Center Development. It provides benchmarks for the developer to meet in order for them to receive the earn out portion (40%) of the Phase I fee. These include the purchase of the property to construct Phase II and an option on behalf of the City to purchase this property if for some reason the developer does not commence Phase II. 5. Funding a. Creation of a City Leasing Agency: Provides for the City incorporating a “Miami Gardens Leasing Corporation” to be the owner of the project (City Hall and Police Buildings). Leasing Corporation will arrange for with the Trustee, the sale of Certificates of Participation (COPs) to secure project financing. The leasing Corporation will contract with the City for use of the facility for a period of 30 years, after which the City will purchase the buildings for $10. b. Bond Attorney: Provides for the City hiring outside bond council. There is an item on the January 13, 2010 Agenda, to utilize the services of Robert Gang, of Greenberg Trauig for preliminary bond work. If the Parties are successful in negotiating a Developer’s Agreement, it is anticipated that the City will retain the services of Robert Gang for services related to the bond. c. Selection of Underwriter: In order to sell COPs, it is necessary to have an underwriter for the sale. Staff has met with and recommends Loop capital of Chicago. Loop Capital is the nation’s largest minority‐owned underwriting firm and has a good reputation from Wall Street. d. Build America Bond/Certificates of Participation (BBA/COPs): The financing will be a blend of traditional COPs and Build America Bond COPs in order to take full advantage of the strengths of each process. Page 105 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 e. Capitalized Interest for construction period: In addition to the hard costs and the costs for the bond issuance, staff is recommending that the City capitalize the interest on the COPs until completion of the project. While this will add the interest into the COP issue, it will push the City’s first payment off until we move into the new structure. Recommendation: RECOMMENDATION: That City Council authorize staff to negotiate a Co-Development Agreement with MGTC, LLC for Council Approval. Attachment: Exhibit “A” ‐Term Sheet Page 106 of 175 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 RESOLUTION No. 2010-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER, CITY ATTORNEY, AND THE CITY’S CONSULTANTS TO NEGOTIATE A DEVELOPER’S AGREEMENT WITH MIAMI GARDENS TOWN CENTER, LLC, FOR DEVELOPMENT OF THE CITY HALL AND TOWN CENTER, IN ACCORDANCE WITH THE TERM SHEET ATTACHED HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Miami Gardens Town Center, LLC (“MGTC”) has submitted a proposal to the City of Miami Gardens, for development of the City Hall Site and Town Center Area located on Northwest 27th Avenue, and WHEREAS, on July 22, 2009, the City Council authorized the City Manager to negotiate with MGTC to determine the viability of the creation of the Miami Gardens Town Center, and WHEREAS, on October 28, 2009, the City Council authorized the City Manager to create the City of Miami Gardens Leasing Corporation, and WHEREAS, the parties have negotiated the major terms of the Town Center Proposal, outlined in the Term Sheet attached hereto as Exhibit “A,” and WHEREAS, City Council has made a determination that it would like for MGTC to develop the City Hall Project and Town Center Area based upon the Term Sheet and would like to direct the City Manager and the City Attorney to negotiate a Developer’s Agreement, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 107 of 175 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 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 directs the City Manager, City Attorney, J. Kevin Lawler, and Jim Brady, the City’s Consultants, to negotiate a Developer’s Agreement with Miami Gardens Town Center, LLC for development of the City Hall and Town Center in accordance with the Term Sheet Attached hereto as Exhibit “A,” with said Development Agreement to be approved by the City Council. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DANNY CREW, CITY MANAGER Page 108 of 175 1 2 3 4 5 6 MOVED BY:_____________________ VOTE: _____ 7 Mayor Shirley Gibson (Yes) ___(No) 8 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 9 Councilman Melvin L. Bratton (Yes) ___(No) 10 Councilman Aaron Campbell (Yes) ___(No) 11 Councilwoman Barbara Watson (Yes) ___(No) 12 Councilwoman Sharon Pritchett (Yes) ___(No) 13 Councilman André Williams (Yes) ___(No) Page 109 of 175 Term Sheet Town Center Co-Development Agreement between The City of Miami Gardens and Miami Gardens Town Center LLC Scope/Purpose 1. The parties to the anticipated developer’s agreement are the City of Miami Gardens (“the City”) and Miami Gardens Town Center LLC (“MGTC”). The agreement will not be transferable or assignable by either party. 2. The physical scope of development encompassed by this Term Sheet is the various phases depicted on the generalized site plan submitted by MGTC for the City’s consideration on July 22, 2009. 3. The purpose of the agreement is to advance the timely public and private development of a core area of the City’s Town Center Area in a civic quality, coordinated and unified manner. 4. All development contemplated under the agreement shall be consistent with’ existing City ordinances and the City’s adopted Town Center Development Plan guidelines (reference doc and date). 5. The parties to the agreement affirm that as of January 13, 2010, they own or control substantially all the property associated with Phases I & II. Any property not own or controlled by either of the parties shall not be included in the coordinated development contemplated in this term sheet. Either party may include property acquired or controlled subsequent to the date of the proposed agreement to be included in the coordinated development contemplated in the proposed agreement. 6. The purpose of this term sheet is to define the basic business arrangements, requirements, responsibilities and obligations between the parties; this term sheet is intended to be the basis for the parties to prepare and execute more definitive, binding agreements. The parties intend to memorialize this term sheet into a comprehensive Co-Development Agreement; the Co-Development Agreement shall include a Development Services agreement with MGTC regarding Phase I (City owned property). 7. The Pre-Development Period shall commence upon the City Council’s authorization for negotiation of the Developer’s Agreement. 8. The parties agree that it may be in their respective interests to initiate some of the work program complemented in the Pre-Development Period in advance of its formal commencement. In the event the parties agree to advance some of the work program prior to the formal commencement of the Pre-Development Period, the parties will enter into a separate, interim agreement, defining the scope of work to be performed, the maximum in third party costs which may be incurred and the apportionment of third party costs between the parties. 9. Any costs or direct expenditures incurred by MGTC with respect to planning and development of City owned property (Phase 1) prior to execution of the Co-Development Agreement are non-reimbursable by the City. 1 Page 110 of 175 Pre-development 1. During the Pre-Development Period, the parties will: a. Devise and agree upon an overall, unified site development plan for Phases I & II, including but not limited to scale and intensity of development, common area public improvements, if any, architectural design and vernacular guidelines, and sequencing of development expressed in terms of outside development dates. b. Agree upon, select and retain the services of a qualified ‘town center’ planning/design firm for creating the unified site development plan. MGTC will retain the services of the town center planner on behalf of itself and the City. The direct costs associated with the services of the town center planner shall be split 60% to the City and 40% to MGTC). c. Hold meeting(s)/design review session(s) with the City’s appointed contact(s) to solicit guidance and concurrence on the overall site plan as well meet with elected officials of the City for advisory/informational purposes. d. Negotiate and draft the complete terms of a Co-Development Agreement, with a target date for approval and execution by February 26, 2010. e. Prepare and agree upon sequencing and timetable and associated responsibilities for all major actions requisite to the timely commencement of Phase I. f. Commence (and complete, as practical) the selection and retention of an architectural firm to perform design services for City improvements on the Phase 1 property. 2. During the Pre-Development Period, the City will: a. Complete its due diligence and associated investigations on the most advantageous approach to the financing of improvements on the Phase I land, and if practical, formalize arrangements for an underwriter for financing purposes. b. Establish a qualified entity for the purpose of financing the land and improvements associated with Phase I. c. Appoint an individual as the main point of contact for MGTC to work with on items related to the Pre-Development Period. d. Establish the basis for transfer of City owned property to the City’s entity upon completion of financing and the City’s lease of improvements from the entity constructed from the proceeds of the financing. e. Continue to refine its physical requirements for improvements to be constructed in Phase I, including gross building areas for a new City Hall, the new police station headquarters and associated parking, applicable building footprints/floor plates, public areas and vehicular access, loading and servicing as well as pedestrian circulation. f. Address off-site infrastructure upgrade requirements for Phase I, including funding and timing of construction. g. Decide whether to acquire and include the ‘Mint property’ in Phase I, and if affirmative, on what terms. 2 Page 111 of 175 3. During the Pre-Development Period, MGTC will: a. Provide oversight management for the site development planning process for Phase I & II. b. Contract for the services of a qualified ‘town center’ planning/design firm. c. Prepare concept development plans and specifications for Phases II. d. Identify and review any off-site public infrastructure required to support development on Phase II. e. Prepare a schedule for the commencement of construction on Phases I & II, and milestones to benchmark progress prior to construction. f. Prepare updated construction and project cost estimates for Phase I. g. Submit for consideration and approval by the City, a management plan for development services for Phase I, including specification of personnel resources and their respective responsibilities. h. Provide, if requested by the City, an assignment agreement for the purchase of the ‘Mint property’. i. Demonstrate to the City’s satisfaction that MGTC has the financial resources and capability to develop Phase II. 4. Each of the parties will be responsible for their own costs during the Pre-Development Period. Where costs are jointly incurred, the parties will allocate these costs based on agreed upon ratios. MGTC shall submit an invoice monthly for reimbursement of costs incurred on behalf of the City; invoices submitted to the City by MGTC shall be payable within 30 days. 5. The Pre-Development Period will end upon the earlier of the adoption of a site development plan and associated design guidelines for Phases I & II, and each party’s satisfaction of their respective pre-development obligations or the signing of the Co-Development Agreement. 6. By agreement the parties may elect to commence certain parts of the work program and services contemplated for Phase 1(primarily architectural and engineering). The agreement would encompass: (i) services to be performed; (ii) maximum expenditure obligation; (iii) invoicing and payment; and (iv) timing and deliverables. 7. Prior to the completion of the Pre-Development Period, Period, the City will make a determination as to the viability (and associated cost) of financing the improvements in Phase I and their attendant budgetary implications to the City. In the event the City elects not proceed, all agreements between the City and MGTC shall terminate, and neither party shall have any continuing or residual obligation to the other. The City will reimburse MGTC for all agreed upon, unpaid expenses. Phase I (City property) 1. Phase I will commence upon the City’s approval and each parties execution of a Co-Development Agreement. 2. Funding of the City’s obligations for Phase I will be from the proceeds of a financing sponsored by the City. Prior the closing of the financing, the City may elect to directly fund (and then reimburse itself) selected costs associated with Phase 1. (It is currently contemplated that the City will likely use a combination of Certificates of Participation (“COPs”) and Build American Bonds (“BABs”); however, the City in its sole discretion 3 Page 112 of 17 5shall make the final determination of the most feasible and cost effective structure for financing.) 3. Subject to the City’s approval, MGTC shall be responsible for the retention of architectural and related engineering services for improvements (the city hall, police station, parking deck and public assembly areas) on the Phase I property. MGTC shall request at least three (3) qualified firms (or consortium of firms) to prepare a statement of qualifications and a single page cost to perform bid sheet. MGTC shall review this information with the City. Each architectural firm will be requested to make a presentation of their qualifications and capabilities to as soon as practical after the execution of Developer’s Agreement by the parties. The City will provide MGTC its ranked preferences among these firms. MGTC will then be responsible for selection of the project architect and negotiation of an architectural services agreement, subject to final approval by the City. 4. The agreement for architectural services with the project architect shall provide for periodic review and approval of major design elements of the buildings and major exterior public spaces by the City, including but not limited, to conceptual design, schematic design, design development, and any material changes to the design or engineering of approved plans/design during construction drawings. The City shall also have final approval of all major interior spaces, including specification of materials and level of improvements. The monthly cost for architectural/engineering services will be billed to the City from MGTC, without mark-up for administrative or overhead cost, which may be incurred by MGTC. 5. The City desire is to incorporate, as feasible, contemporary environmentally friendly (‘green’) features into the public buildings constructed in Phase I, including Leadership in Energy and Environmental Design (“LEED”) certification. In consultation with the project architect, various levels of LEED practices and standards will be explored, and with the City’s approval, incorporated into the design and construction of the Phase I buildings. 6. The Co-Development Agreement will include a specific provision for ‘development services’ to be performed by MGTC on behalf of the City for Phase I, including but not limited to: a. The management plan and personnel to be assigned for oversight of the development process; MGTC agrees that all senior personnel assigned to management of the project shall have substantial experience in the ground up development of comparably sized or larger projects. b. The timeline for commencement and completion of improvements, including all major interim and completion milestones. c. MGTC’s responsibilities for managing development approvals and permitting for Phase I. d. Procedures for quality control/assurance during the term of the agreement. e. Procedures for invoicing and payment of third party vendors and the construction contract. f. MGTC’s compensation for development services inclusive of all administrative and overhead costs shall be a fee of $2,500,000 plus a $200,000 Performance Bonus to be defined in the final Co-development agreement. During Phase 1, 60% of the fee shall be payable to MGTC ratably each month during the development period. The remaining 40% ("the deferred fee") shall be earned at 4 Page 113 of 175 the commencement of construction on Phase II. The deferred fee shall be paid as follows: (i) 75 % (30 % of the total fee) shall be paid ratably monthly from that point forward till the end of the development period, and (ii) 25% (10% of the total fee) shall be paid at sign-off of the punch-list items by the City for Phase I. 7. The City will assist MGTC with DERM and the Fire Department permitting/approvals. The City will also place the review of plans for Phase I on a “fast track” through the City’s building department, including designation of personnel to coordinate and assist in expediting plan review on a priority basis. 8. As part of the ‘development services’ rendered by MGTC, it shall enter into a construction contract with H.A. Contracting Corp (“the Contractor”) for construction manager at risk, Guaranteed Maxim Price (“GMP”) in AIA 102 contract form (or a substantially equivalent AGC Document 565), including, but not limited to: a. Pre construction services and costing. b. Basis for arriving at a a final GMP, including an agreed upon ‘contingency’ amount. c. The allocation and distribution of any ‘savings’ in the event the final project cost is less than the GMP. d. A construction and delivery schedule, subject to the approval of the City. e. Open book accounting and review procedures. f. MWBE percentage targets and compliance monitoring. g. Contractor financial adequacy and construction bond. h. Contractor overhead/general conditions and profit at competitive rates for comparable sized projects in SE Florida. i. Invoicing and payment procedures/authorization. j. The amount of profit retention and conditions for payment of the retention. 9. The construction contract with H.A. Contractors shall be subject to final approval by the City. 10. During construction, the City may directly employ (or retain the outside services) of a construction manager to monitor the performance of the Contractor and the MGTC. Phase II 1. Prior to the commencement of MGTC’s ‘development services’ or receipt of any payments, MGTC shall demonstrate to the City’s satisfaction that it has purchased the existing shopping center property associated with Phase II or has a binding Purchase and Sale agreement for this property. If MGTC has not purchased the existing shopping center property prior to the commencement of its ‘development services or within a reasonable time period thereafter, the City may terminate the Co-Development Agreement, recover any fees paid to MGTC and pursue whatever other equitable remedies are available at law. 2. Upon purchase of the land and improvements on the property (existing shopping center) associated with Phase II, MGTC agrees to proceed with development before the certificate of occupancy is received on Phase I. 3. In the event, MGTC does not proceed with construction on Phase II and decides to sell the yet to be redeveloped Phase II property, the City shall have a first right of refusal to purchase the property for a one year period, commencing upon the City’s physical occupancy of Phase I. 5 Page Page 114 of 175 6 4. If MGTC does not commence construction on Phase II prior to the certificate of occupancy on Phase I, except for conditions involving ‘acts of God’ or materially adverse capital market conditions, MGTC shall forfeit its unearned development fee (‘the deferred fee’) as liquidated damages. In the event construction is not commenced due to either acts of God or materially adverse capital market conditions, MGTC shall have up to six (6) months to commence construction prior to forfeiting the unearned portion of the development fee. Other Development Considerations1 1. MGTC agrees that all new development in any future phases, on property owned by MGTC, shall be consistent with design/architectural guidelines agreed upon by the parties in the Pre-Development Period and shall be reviewed and accepted by the City prior to moving forward on the development. 2. The City agrees to use its best efforts to pursue the adoption of a Community Redevelopment Area (“CRA”) for the Town Center area, if the same shall be deemed to be economically feasible for the City. In the event the City is successful in establishing a Town Center CRA, the City agrees to work with MGTC to secure the application of Tax Increment Revenue or other tools available to the City/CRA to assist in offsetting costs of the project presuming that the same is consistent with the CRA Plan to be approved by the City. 3. the request of MGTC, the City agrees to create a special assessment district (SAD) on the property owned by the developer and the City agrees to utilize the funds generated by this SAD to assist in off-setting the horizontal infrastructure needs of this project 4. The City agrees to work with MGTC on other economic development concepts that will assist with facilitating and enhancing public-private investment in all future phases of development. 1 All terms in this section exceed the terms of reference approved by the City Council for negotiations with MGTC. The terms addressed in this section have been included at the request of MGTC for for consideration by the City. Page 115 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: NA Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X (Enter #) Sponsor Name Vice Mayor Oliver Gilbert Department: Office of the Mayor and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO STUDY THE FEASIBILITY OF CREATING TWO (2) REDEVELOPMENT AGENCIES IN THE SUNSHINE STATE INDUSTRIAL PARK AREA AND THE 27TH AVENUE CORRIDOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Summary: In accordance with Chapter 163, Part III, local governments have the ability to designate certain areas within their communities as Community Redevelopment Areas (“CRAs”) when certain conditions exist. CRAs provide local governments with the ability to create projects that improve the redevelopment areas. These projects can include, but not be limited to, streetscapes and roadway improvements, building renovation, new building construction, flood control initiatives, water and sewer improvements, parking lot and garages, neighborhood parks, sidewalks and streets tree planting. CRAs can also drive economic development through incentives including grants and loans for facade improvements, landscape upgrades, signage and structural improvements. In order to obtain a CRA designation, the City will be required to conduct a finding of necessity study and adopt a Redevelopment Plan. Once approval and inter‐local agreements are obtained from Miami Dade County, the CRA will have the authority to establish a trust fund and take advantage of what is known as “Tax Increment Financing”. ITEM K-2) RESOLUTION Creating Two CRAs Page 116 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Tax increment financing (TIF) is a unique tool available to cities and counties for redevelopment activities. TIF is used to leverage public funds to promote private sector activity in the targeted area. The dollar value of all real property in the CRA is determined as of a fixed date, also known as the “frozen value.” Taxing authorities, which contribute to the tax increment, continue to receive property tax revenues based on the frozen value. These frozen value revenues are available for general government purposes. However, any tax revenues from increases in real property value, referred to as “increment,” are deposited into the Community Redevelopment Agency Trust Fund and dedicated to the redevelopment area. The tax increment revenues can be used immediately, saved for a particular project, or can be bonded to maximize the funds available. Any funds received from a TIF area must be used for specific redevelopment purposes within the targeted area, and not for general government purposes. It is proposed that the CRA tool be used to promote redevelopment and economic development along the NW 27th Avenue corridor as well as the Sunshine State Industrial Park. In an effort to determine the impacts of the creation of a CRA at this time in the City’s maturation, it is further proposed that the City Manager study the feasibility of creating CRAs for the above mentioned areas. Proposed Action: Vice Mayor Oliver Gilbert recommends the adoption of the attached resolution directing the City Manager to take all steps necessary to study the feasibility of creating CRAs along the NW 27th Avenue corridor as well as the Sunshine State Industrial Park. Attachment: None Page 117 of 175 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 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DIRECTING THE CITY MANAGER TO TAKE ALL STEPS NECESSARY TO STUDY THE FEASIBILITY OF CREATING TWO (2) REDEVELOPMENT AGENCIES IN THE SUNSHINE STATE INDUSTRIAL PARK AREA AND THE 27TH AVENUE CORRIDOR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with Chapter 163, Part III, local governments have the ability to designate certain areas within their communities as Community Redevelopment Areas (“CRAs”) when certain conditions exist, and WHEREAS, some of the conditions that could lead to the creation of CRAs are: substandard or inadequate structures, shortage of affordable housing, inadequate infrastructures, insufficient roadways, and inadequate parking, and WHEREAS, currently, there are 178 CRAs in the State of Florida, and WHEREAS, CRAs provide local governments with the ability to create projects that that improve the redevelopment areas, and WHEREAS, these projects can include, but not be limited to, streetscapes and roadway improvements, building renovation, new building construction, flood control initiatives, water and sewer improvements, parking lot and garages, neighborhood parks, sidewalks and streets tree planting, and WHEREAS, CRAs also provide development incentives including grants and loans for facade improvements, landscape upgrades, signage and structural improvements, and Page 118 of 175 WHEREAS, the City will be required to complete a finding of necessity study and adopt a Redevelopment Plan and to assure that any and all projects undertaken by the CRA are consistent with the Plan, 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, CRAs take advantage of what is known as “Tax Increment Financing,” and WHEREAS, Tax Increment Financing is a tool whereby the dollar value of all real property in the CRA is determined as of a fixed date, and at that time, the value is frozen, and WHEREAS, taxing authorities, including local governments, continue to receive tax payment based upon the frozen value, and WHEREAS, tax revenues received from increases in real property value referred to as the “increment” are then deposited into a Community Redevelopment Trust Fund and dedicated to the redevelopment area for the purposes outlined above, and WHEREAS, the CRA process is a long and intensive one, and will ultimately require the approval of Miami-Dade County, and WHEREAS, the steps include, finding a necessity by local government, the development of a Community Redevelopment Plan, creation of a Redevelopment Trust Fund, and approval by Miami-Dade County, and WHEREAS, areas in the City of Miami Gardens including the 27th Avenue corridor as well as the Sunshine State Industrial Park area could benefit from being included in a CRA, and WHEREAS, the City is directing that the City Manager take any and all steps necessary to study the feasibility of the creation of CRAs in these two Districts, Page 119 of 175 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 29 30 31 32 33 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 directs the City Manager to take all steps necessary to study the feasibility of creating Community Redevelopment Areas in the Sunshine State Industrial Park area and the 27th Avenue corridor. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR ATTEST: __________________ _______________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: VICE MAYOR, OLIVER GILBERT, III Page 120 of 175 1 MOVED BY:_____________________ 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 Councilwoman Barbara Watson (Yes) ___(No) 11 Councilwoman Sharon Pritchett (Yes) ___(No) 12 Councilman André Williams (Yes) ___(No) Page 121 of 175 City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 13, 2009 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: CDBG/General Fund Reserve 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 Councilman Andre’ Williams Department: Office of the Mayor and Council 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 IN ORDER TO CREATE A TEMPORARY EMPLOYMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF TWO MILLION DOLLARS ($2,000,000.00) FROM THE CITY’S CDBG FUNDING OR RESERVE FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Summary: According to the Beacon Council, Miami‐Dade County’s unemployment rate as of November November 2009 was 10.5%, and according to the Bureau of Labor Statistics, as of October 2009, the unemployment rate in the City of Miami Gardens was 15.8 %. Councilman Andrè Williams is recommending that the City Council authorize the City Manager to institute a Temporary Job Program whereby City residents who have exhausted unemployment compensation benefits will be able to obtain temporary employment in either the Public Works or Parks and Recreation Departments at a wage of Twenty Thousand ($20,000.00) per annum. Councilman Williams is recommending that the program be structured so that each new hire be offered an initial three (3) month contract with each contract being able to be renewed up to seven (7) times until total depletion of the funds, or two (2) years from the enactment of the Program, whichever comes first. ITEM K-3) RESOLUTION Creating Temporary Employment Program Page 122 of 175 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: Councilman Williams is recommending that the City expend Two Million Dollars ($2,000,000.00) from its CDBG funding or Reserve Fund for this purpose, Attachment: None Page 123 of 175 1 RESOLUTION No. 2009-2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY IN ORDER TO CREATE A TEMPORARY EMPLOYMENT PROGRAM; AUTHORIZING THE EXPENDITURE OF TWO MILLION DOLLARS ($2,000,000.00) FROM THE CITY’S CDBG FUNDING OR RESERVE FUND; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, according to the Beacon Council, Miami-Dade County’s unemployment rate as of November 2009 was 10.5%, and WHEREAS, according to the Bureau of Labor Statistics, as of October 2009, the unemployment rate in the City of Miami Gardens was 15.8 %, and WHEREAS, Councilman Andrè Williams is recommending that the City Council authorize the City Manager to institute a Temporary Job Program whereby City residents who have exhausted unemployment compensation benefits will be able to obtain temporary employment in either the Public Works or Parks and Recreation Departments at a wage of Twenty Thousand ($20,000.00) per annum, and WHEREAS, Councilman Williams is recommending, that each new hire be offered an initial three (3) month contract with each contract being able to be renewed up to seven (7) times until total depletion of the funds, or two (2) years from the enactment of the Program, whichever comes first, and WHEREAS, Councilman Williams is also recommending that the City spend Two Million Dollars ($2,000,000.00) from its CDBG funding or Reserve Fund for this purpose, Page 124 of 175 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 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 all steps necessary in order to create a Temporary Employment Program, and further authorizes the expenditure of Two Million Dollars ($2,000,000.00) from the City’s CDBG fund or Reserve Fund. At a minimum, the Program shall: a) Provide that residents who have exhausted unemployment compensation 12 benefits be eligible for the Program. The available positions will be in the Public Works 13 or Parks and Recreation Departments; b) Provide a salary of Twenty Thousand Dollars ($20,000.00) per annum, per 16 employee; c) Provide that residents be offered a three (3) month employment contract which can be renewed up to seven (7) times until depletion of the funds or two (2) years from the enactment of the Program, whichever comes first. Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON JANUARY 13, 2010. _________________________________ SHIRLEY GIBSON, MAYOR Page 125 of 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ. CITY ATTORNEY SPONSORED BY: COUNCILMAN ANDRÉ WILLIAMS MOVED BY:_____________________ VOTE: _____ 23 Mayor Shirley Gibson (Yes) ___(No) 24 Vice Mayor Oliver Gilbert, III (Yes) ___(No) 25 Councilman Melvin L. Bratton (Yes) ___(No) 26 Councilman Aaron Campbell (Yes) ___(No) 27 Councilwoman Barbara Watson (Yes) ___(No) 28 Councilwoman Sharon Pritchett (Yes) ___(No) 29 Councilman André Williams (Yes) ___(No) 30 31 32 Page 126 of 175 Staff Monthly Report November 2009 CITY MANAGER • Received an “A” designation from Standard and Poor’s for the City first bond rating. • Met with representative of Channel 7 regarding future of their tower site. • Took 2 weeks off for the holidays. • Worked on the Term Sheet for the City Hall project with the City’s consultant. • Met with the working group on the City’s new Code Codification. • Met with City’s CITT attorneys. • Attended Staff Christmas party. • Attended the Police Department’s community hosted lunch. FINANCE DEPARTMENT (Patty Varney) 1. Submitted to Council and City Manager October financial report and analysis of major variances. 2. Reconciled all expenditures and revenues of each project in Capital Projects fund. Some projects were reconciled from effective date when the project began to confirm the grant revenue. Journal entries written to reclass certain revenues to the correct project and generate accounts receivable for grant reimbursement for other projects. 3. Completed reconciliation of credit card statements from April to September 30, 2009. 4. Met with Code Compliance division to set up procedures for billing of lot clearing violations, and recommend a billing fee to be imposed. 5. Cash availability is tight during the later part of November and beginning of December, partly due to $7 million being tied up in Certificate of Deposits. Successful in monitoring cash flow and managed cash position for a two week period until receipt of property tax revenue. 6. The following is the financial report and analysis for the month of November. Since it is two twelfth of the fiscal year, it should represent 16.66% 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. Page 127 of 175 ITEM L-1) MANAGER REPORT City Manager's Monthly Manager's Report The Finance Department is closely monitoring the revenue sources. Although most revenues from the State distribution which includes State Revenue Sharing, Half Cents Sales Tax, Local Option Gas Tax, and Communication Services Tax only reflects one month of receipt, the amount received is between 1.0% to 1.5% less than budgeted. This equates to approximately $136,000 for the month of October. However, this shortfall may be negated by the additional revenue we received in the “Red Light Camera” violations. All expenditures are within allocated budget with the exception that salaries accounts in the Police department are higher attributed to merit lump sum payment and sign-on bonus. As of November 30, 2009, the City has a total investment in the amount of $9,649,319. Of this amount, $2,149,319 is with Wachovia which is available cash to fund for the operating expenses. The City held three Certificate of Deposits; one is $2.5 million with Bank of America earning 0.26%, and two Certificate of Deposits with Community Bank of Florida. One of the deposits is for $2 million earning 2.16% and the other one for $3 million earning 1.18%. The City still has approximately $34,148.06 in market value with the State of Administration. Of this amount only $3,515.54 is liquid. FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Property Tax 1 23,089,178.00 720,772.76 3.12% 23,608,249.00 1,937,571.43 8.21% Utility Tax 2 11,276,242.00 292,621.73 2.60% 9,490,000.00 413,028.52 4.35% Franchise Fees 3 5,809,802.00 171,986.09 2.96% 4,685,000.00 189,611.89 4.05% Permits/License Tax/Other Fees 4 1,925,000.00 1,015,457.14 52.75% 1,830,000.00 965,537.13 52.76% Intergovernmental Revenue 5 11,496,828.00 794,011.14 6.91% 10,768,713.00 833,790.63 7.74% Charges for Services 6 3,231,509.00 240,888.16 7.45% 2,955,045.73 254,595.27 8.62% Fines & Forefeitures 7 2,534,000.00 583,189.16 23.01% 1,251,000.00 73,210.86 5.85% Miscellaneous Revenues 8 1,535,000.00 226,321.00 14.74% 1,010,000.00 115,180.79 11.40% 11.40% Non-Operating Revenues 11,889,620.00 215,090.84 1.81% 10,824,597.00 481,602.20 4.45% TOTAL 72,787,179.00 4,260,338.02 5.85% 66,422,604.73 5,264,128.72 7.93% 1 Homeowners will receive 4% discount if paid by November 30. Therefore, the City will not receive any Ad Valorem tax revenue until late November or early December. Second distribution was received on December 1, 2009 reflecting less receipts when compared to FY 2009. 2 November distribution from the County for electric utility tax was not received until December in FY 2010. Also, the Communication Services Tax is $52,775 less in FY 2010 when compared to FY 2009. 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 52.75% 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 November 1 of each year. 5 Revenues received in November only reflects one 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 and Children Trust Grant. 6 Lower percentage is reflected as collection year-to-date as 50% of revenue in this category is derived from Jazz in the Gardens. Sale of tickets began in late November. 7 Increase in this category both in the budget and the November revenues 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 of debt service. GENERAL FUND Revenues as of November 30, 2009 Page 128 of 175 GENERAL FUND FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1 39,263,647 6,991,795 17.81% 37,206,909 7,389,800 19.86% 2 6,598,719 493,583 7.48% 6,695,449 581,357 8.68% 396,150 9,285 2.34% 1,327,128 166,204 12.52% 117,587 0 0.00% 0 0 0.00% 17,449,663 2,681,184 15.37% 12,208,469 1,986,141 16.27% 8,961,413 0 0.00% 10,000,000 0 0.00% TOTAL 72,787,179.00 10,175,847.61 13.98% 67,437,954.62 10,123,501.65 15.01% 1 Salaries should reflect 16.15% of budget. Higher percentage is attributed to lump sum bonus and sign on pay for the police department. 2 Expenses are lower as utilites billing is a month behind. Further expenses such as special events, and professional service are expensed at a minimum during these two months period. Other Uses Emergency Reserve Build Up Expenditures as of November 30, 2009 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 2,335,000.00 179,154.77 7.67% 2,295,000.00 177,640.32 7.74% Permits/License Tax/Other Fees 95,000.00 11,440.00 12.04% 90,000.00 1,260.00 1.40% Intergovernmental Revenue 985,000.00 80,128.52 8.13% 754,750.28 81,769.64 10.83% Charges for Services 5,200.00 975.15 18.75% 2,200.00 1,117.45 50.79% Miscellaneous Revenues 2 27,250.00 1,344.32 4.93% 26,000.00 3,229.60 12.42% Non-Operating Revenues 1,015,512.00 73,625.82 7.25% 1,158,100.00 55,111.00 4.76% TOTAL 4,462,962.00 346,668.58 7.77% 4,326,050.28 320,128.01 7.40% 1 Local Option Gas Tax distribution is lagging by one month. The revenue is slightly lower than projected as it should reflects 8.33% of budget. 2 Miscellaneous revenues is lower than FY 2009 due to lower cash flow and interest rate of return. TRANSPORTATION FUND Revenues as of November 30, 2009 TRANSPORTATION FUND FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget $2,086,740 $328,059 15.72% 1,917,357 309,022 16.12% $665,764 $63,940 9.60% 794,486 49,384 6.22% $51,295 $0 0.00% 111,375 0 0.00% 1 $0 $0 0.00% 298,878 298,878 100.00% $1,659,163 $239,761 14.45% 1,211,551 190,759 15.74% TOTAL $4,462,962 631,758.91 14.16% 4,333,647 848,042.71 19.57% 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 November 30, 2009 Page 129 of 175 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Permits/License Tax/Other Fees 1 2,429,000.00 497,511.12 20.48% 1,724,000.00 391,760.30 22.72% Charges for Services 102,462.00 449.32 0.44% 222,000.00 18,518.23 8.34% Miscellaneous Revenues 6,100.00 0.00 0.00% 5,500.00 2,613.13 47.51% Non-Operating Revenues 2 1,813,466.00 299,188.34 16.50% 1,895,958.00 249,187.00 13.14% TOTAL 4,351,028.00 797,148.78 18.32% 3,847,458.00 662,078.66 17.21% 1 More permit activities in FY 2010 reflecting in higher revenues. 2 Transfer is performed monthly based on 8.33% per month for FY 2010 DEVELOPMENT SERVICES FUND Revenues as of November 30, 2009 DEVELOPMENT SERVICES FUND FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1 3,009,660.00 396,109.59 13.16% 2,649,719.00 465,949.71 17.58% 149,847.00 10,314.16 6.88% 197,218.00 18,666.36 9.46% 32,566.00 0.00 0.00% 22,708.13 0.00 0.00% 1,158,955.00 185,608.86 16.02% 1,005,477.00 167,579.50 16.67% TOTAL 4,351,028.00 592,032.61 13.61% 3,875,122.13 652,195.57 16.83% 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. Personnel Expenses Operating Expenses Capital Outlay Other Uses Expenditures as of November 30, 2009 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Revenues of Budget Budget YTD Revenues of Budget Permits/License Tax/Other Fees 1 40,000.00 11,970.00 29.93% 300.00 2,585.00 861.67% Grant 0.00 0.00 0.00% 100,000.00 0.00 0.00% Charges for Services 2 3,395,000.00 97,054.46 2.86% 3,395,000.00 114,135.18 3.36% Miscellaneous Revenues 40,000.00 0.00 0.00% 25,000.00 3,932.31 15.73% Non-Operating Revenues 1,323,041.00 0.00 0.00% 0.00 0.00 0.00% TOTAL 4,798,041.00 109,024.46 2.27% 3,520,300.00 120,652.49 3.43% 1 More permitting fees were issued in FY 2010 2 Higher collection of stormwater fees in FY 2009 when compared to FY 2009. Payment is also lagging by one month. Revenues as of November 30, 2009 STORMWATER FUND Page 130 of 175 STORMWATER FUND FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 791,945.00 122,193.10 15.43% 739,438.00 83,130.03 11.24% 964,491.00 10,393.82 1.08% 1,240,217.20 15,976.78 1.29% 158,000.00 0.00 0.00% 157,485.00 72,802.56 46.23% Debt Service 665,889.00 0.00 0.00% 657,474.00 0.00 0.00% 2,217,716.00 109,018.50 4.92% 725,685.80 98,997.16 13.64% TOTAL 4,798,041.00 241,605.42 5.04% 3,520,300.00 270,906.53 7.70% Personnel Expenses Operating Expenses Capital Outlay Other Uses Expenditures as of November 30, 2009 FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 1,389,409.00 217,671.24 15.67% 1,481,591.00 224,670.33 15.16% 1 4,122,222.00 544,177.78 13.20% 3,890,697.32 465,755.49 11.97% 1,833,526.00 252,540.33 13.77% 1,778,553.93 4,154.00 0.23% 1,749,821.00 248,873.34 14.22% 1,303,324.00 191,370.68 14.68% TOTAL 9,094,978.00 1,263,262.69 13.89% 8,454,166.25 885,950.50 10.48% 1 In June 2009, the City has obtained additional office rental in the current location. The increase of rent is approximaltey $20,000 more per month, therefore, it reflects partly the increase in the operating expenses in FY 2010 higher than FY 2009. The remaining of the increase is due to higher repairs and maintenance cost in vehicles Personnel Expenses Operating Expenses Capital Outlay Other Uses Expenditures as of November 30, 2009 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. FY 2010 FY 2010 % FY 2009 FY 2009 % Budget YTD Expenses of Budget Budget YTD Expenses of Budget 449,783.00 74,149.44 16.49% 362,719.00 44,449.12 12.25% 91,215.00 8,584.63 9.41% 374,500.00 79.39 0.02% 31,850,424.00 659,188.74 2.07% 53,298,134.63 1,430,234.20 0.00% 191,113.00 31,271.34 16.36% 731,607.00 121,934.50 16.67% TOTAL 32,582,535.00 773,194.15 2.37% 54,766,960.63 1,596,697.21 2.92% Personnel Expenses Operating Expenses Capital Outlay Outlay Other Uses CAPITAL PROJECTS FUND Expenditures as of November 30, 2009 Revenues from Capital Projects Fund are either from grants or transfer from General Fund. Page 131 of 175 HUMAN RESOURCES (Taren Kinglee) • Fourth Quarter Safety Committee Meeting held. Accident Review Committee established. • Staff attended Avmed advisory committee meeting on impact of health care reform. • Staff attended workers compensation seminar where OSHA addressed hazards related to public works. • Meet with Parks staff regarding safety equipment use at new community center. • 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. 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 Positions Advertised 7 5 5 Interviews Conducted 60 54 37 Pre-employ Physicals 27 8 18 Background/Reference Checks 10 9 4 New Hires 13 8 2 Workers Comp Claims 22 18 7 Exit Interviews 1 2 1 Promotions 4 1 0 Page 132 of 175 DEPUTY CITY MANAGER FOR PUBLIC SERVICES (Renee Farmer) Police Department/School Crossing Guard orked with staff re: the following: CET implementation ion grant implementation uilding and Code Compliance W •• FY 10 Fleet purchase • Super Bowl Planning • Community Radio stat • Red Light Camera Issues • Safety ID program Launch B orked with staff to advance the following projects: programs: nforcement nd revenues ther W• Worked with staff to develop procedures for new o In depth analysis of Building Department Issues o Code Compliance SOPs o Citizens Guide to Code E o Review of Building Department fees a o Staffing/workflow analysis of Building Department O munications Forum dinances Codification project lan articipated in the following Meetings/Committees (outside agency meetings): • UASI Meeting POLICE DEPARTMENT • Com • Miami Gardens Code of Or • Census • Strategic P P (Chief Matt Boyd) olice Department Staff P OTAL BUDGETED POSITONS: 257 Chief hief rs (6 vacant positions) osition) TTOTAL HIRED TO DATE: 250 250 • 1 • 1 Deputy C • 3 Majors • 9 Captains • 28 Sergeants • 153 Police Office • 10 Community Service Aides (1 vacant p • 16 Telecommunications Operators • 2 Telecommunications Supervisors • 1 Telecommunications Manager • 1 Records Supervisor Page 133 of 175 • 4 Records Clerks • 1 Executive Secretary nts /Off Duty nalyst r he monthly activity for the Operations Division for the month of November RRESTS • 5 Administrative Assista • 2 Property Control Officers • 1 Facilities Manager • 1 Custodian • 1 Court Liaison • 2 Crime Analysts • 1 Administrative A • 1 Investigative Assistant • 1 Crime Scene Superviso • 5 Crime Scene Technicians T 2009 is as follows: A : 94 OTAL ARREST 677 CITATIONS • FELONY • MISDEMEANOR 261 • TRAFFIC 244 • DUI 09 • WARRANT 69 T : • MOVING 1081 OTAL 2832 FIELD INTERVIEW CARDS 1631 TOTAL CALLS RESPONDED TO 7584 he monthly activity for the Support Services Division for the month of roperty and Evidence, Number of property items processed: 287 • NON-MOVING 1428 • PARKING 323 TREPORTS WRITTEN 2468 TRAFFIC CRASHES 200 T November 2009 is as follows: P -Property Receipts Processed 22 -Property Receipts Rejected 22 -Property Released 54 -Property out to Lab 0 -Property to be Disposed 7 -Lab Runs to MDPD Page 134 of 175 $3,778.11 -Cash Impounded 35 -Firearms Impounded *not counting CSI direct delivered to lab. umber of reports processed and number of requests made at window for eports Processed 2,439 N records: R /Walkup Requests at Window 1,079 /Mail Logged In 295 /Fingerprints 50 /Background Checks 45 /Amount Collected At the Window $151,423.91. umber of calls received by dispatch: lls = 9,643 N CAD Ca /Phone Calls = 12,606 /FCIC Entries = 265 /raining hours = 32 (24 Communications Training Meeting and 8 hrs Leadership vertime Hours = approx: 370.25 T Training) O Temp Hours = 0 ourt Liaison and Off-Duty C laced in the officers’ mailboxes. roll processing. the officers’ mailboxes. leet, Radio and Computer Management: acility Management: ignificant events, new hires, programs etc: he monthly activity for the Professional Standards Division for the month of Four Complaints: Case #2009-035 Case #2009-037 RAINING 803 subpoenas stamped and p 378 off duty personnel processed and entered into Eden for pay 7 off duty vendor requests processed. 78 dispositions stamped and placed in FNothing Significant FSee Attached SN/A T November 2009 is as follows: • Case #2009-036 Case #2009-041 T Attended: 18 /Civilians): 43 ttendance at FDLE Justice, Standards and Training Commission Meeting. he monthly activity for the Investigations Division for the month of November rrests – Total: 277 • Classes • Hours Taught: 1814 • Participants (Officers A T 2009 is as follows: A Page 135 of 175 Felonies – 92 24 lue 5,000 otal Cases Assigned 403 Closed 190 (+20 UNF) Rate Sc igations Unit-124 SPECIAL PROJECTS DIRECTOR (Brandon DeCaro) Misdemeanor – 141 Truants Returned-1 U.S. Currency Seized – $6,000 Vehicles Recovered – Vehicles Recovered Va -$48 Vehicles Processed-34 Property Recovered Value-$4,300 Firearms Seized – 16 Search Warrants 0 T 49.6% enes Processed by Crime Scene Invest Administration Items: eCaro submitted all required information to the County Staff for eetings & Events: • V. Nelson and B. D transfer of GOB Grant Funds into appropriate active project. M B. DeCaro attended the SNP Citizens Oversight Committee rt in Public Places (AIPP): • V. Nelson and Meeting on 12/16/09 for approval of scope and schedule revisions for N. Dade Optimist and Rolling Oaks Parks. A Planning Phase – Christina Goetzman letter designating g the City in the APITAL IMPROVEMENT PROJECTS • Miami-Dade County Art in Public Places Staff has submitted 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 assistin 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 01/13/09. C : emolition of Wachovia Building Site D : Planning Phase – Brandan DeCaro for site pending decision by City Council regarding the ew City Hall • Developing Schedule, planning options & preliminary estimate 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 options for the proposed City Hall & Police Building. N : Planning Phase – Jimmie Allen/Brandan DeCaro Page 136 of 175 • Preliminary Program and cost estimate reviewed by CIP Director and City Manager. • Review of Space Allocation & Building Program occurred 09/14/09, 09/15/09 & 9/16/09. • Miami Garden’s staff met with the Developer, Contractor and Architect on 8/13/09 to discuss the program for the proposed Town Center Project. The project will include the new City Hall, Police Department Building and Parking Garage. • All staff comments received 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. 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 Miami Skyline Construction is still pending final negotiations and final payment. No Change since last report. Police CSI Lab: Construction Phase 100% completed – Anthony Smith • Kick-off meeting with Police staff & A/E Team for CSI Lab Unit and the remodeling of the Sergeants Work Room held 4/08/09. • Preliminary Schedule and Estimate submitted to CIP for comments 4/13/09. • Meeting held with Police staff on 4/17/09 to review & approve schematic Floor Plans. Meeting with Police staff to review & approve Construction Doc’s on 5/20/09. • Construction Doc’s submitted to CMG Building Department for review on 6/3/09 and Miami-Dade DERM and Fire on 6/4/09. Building Department approval 7/07/09. • Project was advertised on 6/8/09 and bid opening occurred on 7/09/09. • Resolution for construction award approved during 7/22/09 City Council Meeting. • Pre-Construction Meeting was held on the 8/5/09. Notice to Proceed was issued to the contractor on 8/5/09. Contractor received Building permit on 8/7/09. • The construction of phase I, the renovation of the Sergeants Area has been completed. • The Lab was started on 08/31/09 and the construction is currently on schedule. The scheduled completion date is 11/30/09. • CSI Lab equipment delivered and installed week of 11/16/09. • Project declared Substantially Complete and punch-list issued on 11/23/09. • Punch List completed and final walk-thru inspection conducted on 12/18/09. 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 was submitted to DERM the week of 9/14/09. URS and the City are awaiting a response from DERM for the Assessment Report. As of Page 137 of 175 December 23, 2009 DERM has not completed their review. The City is still waiting for a final determination from DERM on the report that was submitted in September 2009, so the project cannot proceed. • URS has submitted along with the report of recommended removal a budgeted cost for the work. URS has submitted their proposal for the design and project management of the remediation work identified in the assessment report. The proposed fees for URS have not been approved yet due to insufficient notice from DERM as to what other demands may be made to the City. • 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. The approval of the proposal for the Fuel Management System is pending the approval from DERM to proceed. • Staff will shortly engage URS to begin the project re-design to incorporate incorporate all new programmatic issues associated with the proposed Fuel Management system and the DERM environmental issues. Miami Gardens Community Center (MGCC): Construction 93% complete – Jimmie Allen • A/E has completed revisions for the Construction Documents. The CD’s have been approved by CMG Building Department and certified true copies have been issued. • Due to the misplacement of Project Plans by DERM the project was delayed for three weeks. The revised documents have been resubmitted and are back at the CMG Building Dept for final signatures and re-approval. • Main Building – Interior build out and outfitting of equipment being completed and installation of systems is ongoing. Building painting, drywall systems and ceilings have been completed. Work in this area has progressed with the majority of floor and wall finishes completed and cabinets being installed. • Mechanical, fire protection piping, electrical systems, plumbing systems nearly completed. • Restroom Buildings – The final electrical systems installation is underway so that the contractor can call for electrical finals in order to request FPL energization. Addresses have been issued by CMG Zoning Department. • Track/Football field – The artificial playing surface is completed and awaiting final inspection. • Final running surface for the track is completed and awaiting the final inspection. • Sports lighting for the field are installed and energized. NFL Grant for $250,000 will be requested now that the sports surface and lighting installation has been completed. The light fixtures are to be tested shortly. • 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. • Site lighting fixtures have been installed. East Parking Lot and sidewalk work have progressed as well as driveway entrances to the site from NW 29th Court and NW Page 138 of 175 199th Street. The over flow parking lots and NW 199th Street deceleration lane installation is almost completed. • Most of the landscaping, site irrigation and sidewalks have been installed. • Weekly Construction Progress meetings will be ongoing until project completion. • The Contractor’s requested for a 118 day time extension was approved at the 11/11/09 City Council Meeting. The building is scheduled to achieve Substantial Completion on January 3, 2010. • The final $3,000,000 of funding was requested from Miami-Dade and received in August, 2009. • The FF&E List was developed and the 3,000,000 for the FF&E funding was submitted to the County in December 2010. Miami Gardens Community Center Amphitheatre: Planning – Brandan DeCaro • Proposal for MGCC Amphitheatre project submitted for Safe Neighborhood Parks (SNP) Grant in July. Project recommended for grant funding by SNP Oversight Committee on 8/18/09. • City Council approved required project matching funds at meeting on 10/14/09. • Negotiation with MGCC 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. 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 5% complete – J. Allen • The installation for the sports lighting was advertised for bids and the lowest responsible responsive bid was received from ECS Electrical Contractors on 12/10/09. • A Preconstruction meeting was conducted on 12/15/09 to cover the project requirements and conditions. The NTP was issued at the meeting. The MUSCO lighting equipment arrived in Miami on 12/21/09. The installation of the electrical service for the lighting has started. Rolling Oaks Park: Design Phase 90% completed – Brandan DeCaro • Phase I Improvements include: Installation of 2 athletic fields, new new entrance and turn-around, new parking and overflow parking lots, fencing, and concession/restroom facility. • Met with A/E 3/12/09 & 6/08/09 to coordinate the completion of the Construction Doc’s. • Revised CDs submitted to CIP staff for review 4/15/09. • DERM -Tree removal permit approved. • Miami-Dade County Fire -Plans approved for permitting. • Department of Health -Plans approved for permitting. • MDWASD & North Miami Beach sewer connection pending final approval. • Sewer pipe up-grade requested by DERM. Survey information & pipe as-built’s provided to DERM so that pipe up-grade will not be required. DERM approval received in June, 2009. Page 139 of 175 • 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 scheduled for approval during 1/13/10 City Council Meeting. 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. • 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 scheduled for approval during 1/13/10 City Council Meeting. Brentwood Pool: Construction Phase 100% complete – Jimmie Allen • All original construction scope is completed and final payments are issued. • Minor work is being performed by Bliss products to close several gaps in play surfaces adjacent to the new vita course. • All work for the new playground and Vita course has been completed and the contractor has been paid in full. North Dade Optimist Park: Sports Lighting Construction 100% completed – A. 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. City staff marked the fields after the boundaries were set. • 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. • Lighting Electrification in June. Building Department final inspection completed. • 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. • Final reimbursement payment from Grant Agency is pending. Page 140 of 175 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. • The Construction Documents for the Recreation Building and site approved by the MG Building Department on 11/10/09. • The Construction Documents for Lift Station approved by the MG Building Dept on 12/04/09. • Front End Documents being finalized to advertise project for Bid on 1/06/10. Norwood Park & Pool: Construction 100% complete – Pool Building Renovation – Anthony Smith • South-side tennis courts converted into 2 basketball courts with new backstops. • Tennis court resurfacing 100% complete. Fence replacement 100% complete. Staff developed Punch List on 4/21/09 and re-inspected 5/04/09, 5/28/09 & 6/02/09. • New pool equipment and furniture (i.e. lifeguard stand, ADA lift, life vests, and shower seats) continues to be delivered. • Repair work for Pool Building was temporarily on hold until scope for pool piping replacement could be determined. • Kick-off meeting with contractor for Pool Building Repair Project 4/09/09. • 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. • MG Building Department submittal for door replacement 5/05/09. Building Department approval 6/22/09. Doors installation was completed in September. • 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 work for Pool House complete. Final reimbursement from Grant Agency pending. Norwood Park & Pool-Pipe Replacement Project: Design 100%, Bid Phase 90% – A. Smith • Staff prepared estimate of probably cost for replacement of existing domestic water and pool supply and return piping. Page 141 of 175 • Site visit with A/E 4/09/09 to determine scope for Piping Replacement Project. A/E proposal negotiated & accepted. Purchase Order issued to A/E in June. • 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. Contractor approval scheduled for 1/13/10 City Council Meeting. Miami Carol City Park: Construction 13% completed – Anthony Smith • Contractor for new Recreation Building and Site Improvements on hold pending final approval of site utility plans from WASD and DERM. • WASD Water & Sewer Agreement to 4/08/09 City Council Meeting. County Attorneys denied minor revision requested by City Attorney. Submittal of Water & Sewer Agreement pending up-dated “Opinion of Title”. • Revised Water & Sewer Agreement accepted by WASD on 6/04/09. • Construction Doc’s delivered to MDWASD 6/08/09. • 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 to begin on 11/02/09. • Construction began on 11/02/09. Permit for the temporary fence approved on 11/05/09. • Footing excavation, reinforcement, compaction and concrete placement complete. The reinforced masonry shell of the Recreation Building is substantially underway. Generator Installation at Parks Inspection Station: Construction 100% complete – A. Smith • Received bid for installation of transfer switch for Inspection Station. Purchase Order issued to ECS for the generator electrical work. • Building Permit issued 10/02/09. • Electrical work for the transfer switch for the portable generator started o 10/06/09. • Installation of transfer switch completed 11/17/09. Change Order for additional work to install cam locks on the transfer switch and portable generator approved on 11/02/09. • 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 is being processed. Page 142 of 175 Generator Installation at various Parks: Planning 40% complete – A. Smith • Developing scope for the installation of transfer switch for several Parks facilities. • Projects will be bid in early 2010. CODE ENFORCEMENT (Roderick Potter) The following administrative, enforcement and licensing highlights are for efforts from October /November 2009: • New Data Entry Clerk started in the Department. • Met with The Owners of the Roman Pub concerning property maintenance, liens and license issues • Code Compliance Division Director conducted code compliance training for the new COPS program at the Police Department. • Conducted monthly zone review of Officer coverage areas. • Met with Finance Director to discuss and agree on a processing fee amount for lot clearing. • Division Director and the License & Housing Manager met with IT Director to discuss the Eden Pilot. • Code Compliance Officer’s attended the Fleet Department vehicle information seminar. • Code Compliance Division attended the City’s Thanksgiving Luncheon. • Took a Code Compliance Division photo. • Met with the City Attorney regarding the licensing of group homes. • Completed the inspection for Pleasure Emporium. • Met with Police IT to view a demo of RMS system. • Completed the Alarm Renewals Process. • Completed 6 evaluations due for staff. • Met with IT Director to discuss division phone setup issues. • Code Compliance & Building Services management met with Dr. McIntyre and the National Office of Chinese Affairs. • Conducted a field review of the commercial property locations for the commercial property maintenance project. • Conducted monthly field operation ride-along with Code Compliance Supervisors. • Attended the City Council meeting. • Continuing efforts on the Laser fiche case files retention project. • Attended the WEB site steering committee monthly meeting. • Attended the EDEN Users Group monthly meeting. PERSONNEL Staff Development: • Division Director and License & Housing Manager attended the Advanced Leadership Workshop at FIU. • Division Director and the License & Housing Manager attended a Team Building and Coaching Skills training at City of Boca Raton. • 3 Code Officer’s registered for the FACE level 4 certification class. • 2 Code Officer’s took Retest for FACE level 1 certification. • 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 143 of 175 Note: (*) Indicates totals are from beginning to end of month. Licensing Stats *Aug 09 *Sept 09 *Oct 09 *Nov 09 New Business Tax Receipts 64 61 26 25 New Certificates of Use 50 55 23 22 New Alarm Permit Accounts 66 113 63 53 New Landlord Permit Accounts 253 9 3 6 Business Tax Receipts Issued 219 487 196 67 Certificates of Use Issued 203 429 169 63 Alarm Permits Issued 4 98 88 519 Landlord Permits Issued 78 26 21 4 CODE Stats: Aug 09 Sept 09 Oct 09 Nov 09 Business Tax Receipt Inspections 79 78 47 33 Certificate of Use Inspections 79 78 47 33 Landlord Permit Inspections 107 44 45 45 Warning Notices Issued 362 468 430 229 Civil Violation Notices Issued 104 129 121 121 Re-Inspections 489 323 405 337 Special Master Hearings 16 23 17 32 Massey Hearings 53 44 16 30 Lien Amnesty Request Hearings 27 7 16 12 Extension Requests 22 31 38 32 Complaints Received 177 321 219 128 Proactive Cases 232 249 319 129 Cases Closed Within 30 Days 153 149 176 133 Cases Closed Within 60 Days 19 2 12 6 Cases Closed Within 90 Days 19 5 14 3 Special Operations-Code 8 1 7 3 Special Events 2 1 0 0 Illegal Signs Removed 742 708 638 739 Phone Calls Received by CEOs 222 190 224 218 Parking Tickets Issued 10 7 21 6 Lien Searches 41 85 121 157 Joint Operations-MGPD 0 1 2 3 PD Requests for CE 5 5 22 14 Storm water Postings 0 0 0 0 Abandoned Vehicles -Tagged 51 36 76 18 Abandoned Vehicles -Towed 11 1 3 1 Page 144 of 175 SCHOOL CROSSING GUARDS (SGC) (Cherise Alicia) Tasks Completed: • School Crossing Guard Child Safety Event Training – December 10, 2009 • School Crossing Guard Picture Day-December 9, 2010 • School Crossing Guard Interviews-December 15 & 17 2009 Meetings Attended: • Director’s Mtg.-12/14/09 • SCG Employee Staff Mtg.-12/04/09 • Agenda Review/Staff Meeting – 12/03/09 • CTST Meeting-12/7/09 Meetings scheduled: • CTST Meeting – January 4, 2010 Misc: World Aids Day Event, December 1, 2009-City of Miami Gardens SCG Division partnered with Care Resource Center to provide free HIV testing to residents and employees in recognition of World Aids Day. Friday, December 4, 2009 – During the monthly In-Service meeting, the School Crossing Guards participated in Part 3 of the “Conflict & Resolution” training provided by City of Miami Gardens-Youth Violence Prevention Coalition. Saturday, December 12, 2009-Crossing Guard Division participated in the Festival of Carols Event to kick off the new Miami Gardens Safety ID Program. Over 33 children received Child ID’s and Parents were educated about the dangers of child abductions and missing person statistics. Employee Incident Reports: • Total: 0 Terminations: 0 Resignations: 0 New Hires: 0 ASSISTANT CITY MANAGER (Vernita Nelson) • Facilities – Working with property manager and sign vendor to complete permit applications for City Hall. • Media & Events Division – Working with staff, production and sponsorship contractors to prepare logistics for the Fifth Annual Jazz in the Gardens festival; Working with city staff and the Progressive Young Adults Committee members on Census 2010 “Be Counted” public awareness campaign. • Capital Improvement Projects Department – Continue to assist with capital improvement projects; Working with Miami Dade County Cultural Affairs Department to develop an Art in Public Places process to satisfy grant requirements associated with the Miami Gardens Community Center. Page 145 of 175 • Miami Gardens /Opa Locka Youth Violence Initiative – Year 3 grant cycle is coming to a close on January 31st. Meeting with Trust staff to discuss contract extension. • Public Works Department – Assist the management team with reorganization and implementation of operational processes and practices that will streamline/improve communication and accountability within the department; Conducted superintendent interviews and field visits. • Weekly Department/Division Meetings • City Manager’s Office – Oversight of the Employee of the Month Program. Additional Meetings: • 11/15 – Progressive Young Adults Committee • 11/17 – Elderly Affairs Committee Safety Community Forum • 11/20 – Rolling Oaks Site Visit with Safe Neighborhood Parks Program • 11/23 –Children’s Trust Quarterly Provider Meeting • 11/24 – Youth Violence Initiative Turkey Giveaway • 12/1 – Youth Violence Initiative Coalition Meeting • 12/6 – Progressive Young Adults Committee • 12/7-9 – Branding Webinar Presentations with Council members • 12/11 ----North Dade Site Visit with Safe Neighborhood Parks Program • 12/12 – Festival of Carols COMMUNITY OUTREACH (Lillie Q. Odom) • Provided assistance and information to elderly citizens with the assistance of the Switchboard of Miami, Inc. There are approximately 40 elderly citizens in the city that are participants in the; “Seniors Alone Program”. • Coordinated the Employees Holiday Celebration held at Calder race Course with approximately 335 persons in attendance. • Presented and Coordinated a Nutrition Workshop with the Miami Gardens Women Commission; held December 10, 2009 in the council chambers with Demetrice Morrison, Registered Licensed Dietitian. • Collected and coordinated the distribution of Gifts for a family of eight children with the Commission for Women Advisory Board. • Provided volunteers for the distribution of food to the hungry, held at Universal Truth Center. • Continuing to collect historical; articles, pictures and artifacts of the areas within the city. • Assisted with the service of providing U.S. Passports to citizens. Page 146 of 175 • Continue to Replenish the National Discounted cards at the distribution centers. Community Meetings attended o December 1, 2009 -Attended Youth Preventive meeting. o December 2, 2009 -Final Employees Holiday Committee Meeting o December 3, 2009 -Attended Wachovia Bank Community Support Meeting o December 7, 2009 -Attended a conference meeting with Mrs. Roker, at Andover Middle School, reference to Youth Community Programs at the school. o December 7, 2009 -Attended the Super Bowl Community Luncheon, held at Land shark Stadium. o December 14, 2009 -Participated as a Judge for the Oratorical Contest at North Dade Middle School; ten (10) students entered the contest. o December 16, 2009 -Attended the monthly Elderly Affairs Meeting, held in the City Conference room at 3:00 pm. o December 16, 2009 -Attended the monthly Miami Gardens Commission for Women meeting and Annual Dinner, held in the city council Chambers at 6:30 pm. o December 18, 2009 – Participated in the Annual Holiday Celebration for the Buccaneer Seniors, held at Antioch MB Church. MEDIA AND SPECIAL EVENTS Coordinator (Ula Zucker) • Completed the December issue of the Community Newspaper. The December issue is available online at www.communitynewspapers.com. At present we are working on the January issue. • Council approved the Brand Platform derived from the Understanding and Insights Phase (research portion of the branding campaign). The brand Platform will drive the direction of the City of Miami Gardens creative portion of the branding campaign. • 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 working with the Marome Agency on a promotional campaign which includes public relations, radio, print, reverse 911 calls, and events to assist in reaching and informing the community, especially hard to count populations about the importance of the upcoming Census. A complete promotional plan is available upon request. • 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, Page 147 of 175 Cassandra Wilson, David Sandborn and Boyz II Men. Tickets are currently on sale through Ticketmaster. Over 7000 tickets have been sold as part of the holiday promotion, 5000 sold on the first day of ticket sales. Visit Ticketmaster.com for ticket or the Dolphin Stadium box office. Also visit jazzinthegardens.com for tickets and information. • Attended Goal setting the S.M.A.R.T way. This training session , facilitated by Ron, shared with supervisors ways to set Performance Key Indicators (PKI) goals for their staff using the SMART (Specific, Measurable, attainable, realistic and timely) technique. • Met with Junior Council to discuss planning process for their annual Anti-Violence event to be held in April 2010. • Met with Community Affairs Director from Florida International University (FIU) to discuss collaborating with the University. A number of opportunities were presented, especially working with student volunteers from FIU to support events and programs, especially the GEMS program through mentoring. mentoring. • The MLK Committee has been meeting over the past several months and thus far has established a number of activities literary and art contest. Oratorical finals will be held on January 9th, 2010. The Poetry contest will be held on January 14th, 2010. Talent is currently being finalized. Vendors and volunteers are currently being recruited. We are working once again with 99 JAMS to lock in a headliner artist for the event; however a confirmation will come through closer to the event date. For more information visit www.miamigardensmlk.com • The Events and Media Division attended a one-day women’s professional conference/workshop focused on teaching new professional skills and enhancing existing professional skills. The goal of the conference was help increase productivity through various means and as well as creating a more productive work environment. • Recruitment information for the Miss Miami Gardens Scholarship Pageant has been distributed throughout the City, including local high schools and universities. Staff and several of the young women who participated in previous pageants have been on high school and college tours to directly meet and recruit young women for the pageant. Four informational sessions have already been conducted. In total five young women have signed up for the pageant. Judges for this year’s event have almost been finalized. Former Miss America and Miss Florida Ericka Dunlap has been invited and has been confirmed her participation in the pageant. For more information about the pageant and the information sessions, please visit the website at www.missmiamigardens.com • Festival of Carols was held on December Saturday, December 12, 2009 at Brentwood Park from 5:00p.m-9:00p.m. The first 500 children registered for the toy giveaway received a toy donated by the Rick Ross Foundation and Toys for Tots. After the toy distribution event, participants were invited to attend the first annual fireworks display hosted by the City of Miami Gardens. Following the fireworks, participants were invited to see a feature film in the park, Happy Feet. The event was well attended by children and parents in the community. Page 148 of 175 • Tamilla coordinated the Annual Holiday Wall toy drive for the children most in need at the Child Enrichment Center and Parkway Elementary School. Approximately 175 toys were donated by City of Miami Gardens staff for the donation. Thank you to the City of Miami Gardens for supporting this most important effort during the holidays. • Attended the Florida Government Public Information Officers Conference: GOV 2.0 Speak. This conference focused on the use of social and digital media in City Municipalities, and the effectiveness of the social media in reaching the community and media to communicate information. Discussion included usage, laws and records retention where social media exists. • Collaborated with the Parks and Recreation Department to coordinate the Annual Holiday Mike McKenzie & Rick Ross Food & Toy Giveaway. Over 250 complete meals were donated and over 500 toys were distributed to children in the community. • 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 three bid/RFP: LAP Roadway Improvements – project A LAP Roadway Improvements – project C Purchase & Installation of Mobil Satellite 2. Prepared and issued five quotations: Services to paint 3 Park Pools Electrical work – floating fountains Environmental Testing services (Lead – CDBG) Additional uniforms – Bldg. Printing letters – P&R 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 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 4. Issued 428Purchase Orders Page 149 of 175 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 Purchases $25,000-$50,000 Date Vendor Service/Project Amount 12/4/09 Electrical Contractors Musco Fixtures – Rolling Oaks Park Tennis Courts $27,490.00 12/30/09 CDW-Government Cisco Smartnet Renewal $28,669.50 11/09/09 WW Grainger Yr Blanket – misc. supplies $32,500.00 12/04/09 E’lyse Group JIG $32,500.00 12/21/09 Westin Diplomat JIG $33,480.00 12/21/09 Avaya City Phone System yr maint $33,933.72 12/21/09 Create Construction Home Rehab 880 NW 178 Terr $33,933.72 12/21/09 A-1 Construction Home Rehab 19635 NW 5th Ave $39,880.00 12/21/09 Atlas Development Home Rehab 21025 NW 38th Ave $44,549.80 12/3/09 Maroone Chevrolet PD fleet $44,904.00 11/24/09 Wm. Morris Agency JIG $45,000.00 12/21/09 Kush Touring JIG $45,000.00 12/21/09 Garber Ford PD fleet $48,916.00 12/7/09 Delcons Home Rehab 18820 NW 8 AVE $67,015.00 12/21/09 Creative Arts Agency JIG $75,000.00 12/21/09 Mary Jane Prod. JIG $100,000.00 11/24/09 W. Morris Agency JIG $250,000.00 INFORMATION TECHNOLOGY (Ronald McKenzie) IT Dept Overview This Status report covers the activities of the Information Technology Department for the period from 11/30/2009 through 01/06/2009. It is organized into the following areas: • Significant Accomplishments • Significant Issues • Schedule Status Page 150 of 175 • Travel Activity Accomplishments from Month: o Significant Accomplishments 􀂃 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. 􀂃 Configured high speed internet services, fax service and phone services for the Police Department Community Center. This allows high speed access for all users at the site back to PD. 􀂃 Cleaned all storage material out of closed in City Council area. Had low voltage wiring installed to connect voice and data for new Admin and copy machine. Also Installed Power receptacle for copy machine. 􀂃 Installed docking stations on dais to allow for paperless agenda (Green IT) for council and mayor. 􀂃 Set up new voice menu for Bldg Department. New Menu will provide information to users on scheduling permits in both English and Spanish. 􀂃 New Mic system worked well at last Council Meeting. Informed Council Members about the on/off switch and speaking into the Mic. Working on a new recorder. 􀂃 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. 􀂃 Began 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 60% 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. 􀂃 Continuing work on new website. Expected to roll out NLT Mid February. Delays have been caused due to new website launch for Census and various updates to different department sites. Page 151 of 175 􀂃 Submitted requisitions for Miami Gardens Community Center. Submitted project plan to project team. Project plan has schedule, predecessors and dependencies. 􀂃 Secured domain names and website for 2010 Census. 􀂃 Worked jointly 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. 􀂃 Working on a weekly basis with Bldg Department to clean up fee structure and routing for permit processes. 􀂃 Installed new Fleet Management software on server and the other designated personnel. Working with Fleet Manager who is coordinating with vendor for uploading fleet data and teaching CMG how to use the web portion of the product. 􀂃 Ordered additional 10 laptops for Code Enforcement mobilization project. 􀂃 Worked with Procurement and completed bidding process for 100 laptops for the Police Department to replace the older and malfunctioning Motorola laptops. Approval on ordering the laptops will go before Council on 1/13/10. 􀂃 Continued regular Meetings with CIP, Park and Architects on AV system and Security system for MG Community Center. 􀂃 Met with DCM on securing a temp for admin purposes. Temp will be providing assistance to both IT and Procurement Departments. Met with procurement who was on board with this process. Temp should be starting in Mid January. 􀂃 Conducted interviews for Web Master Position. Expected to notify candidates and begin background investigation by 1/8/10. 􀂃 Created Intranet sites for the Miami Gardens Community Center Project Team and the Agenda Meeting Process. 􀂃 Ordered Furniture for Police Department IT Computer room and IT staff Office. o Significant Issues 􀂃 There was a power outage in the CH campus during Christmas weekend. Our systems offer battery backup to allow us to properly shut off equipment once we are notified. We were never notified. We realized what had occurred when a trouble callout was executed by the Police Department due to an inability to connect to the internet. The result of the power outage and subsequent lack of AC to our CH equipment rooms was a true outage and damage to our major network switch. Fortunately these items are covered under our maintenance package and Page 152 of 175 we were able to get replacement equipment from the vendor. Our total outage time was only a few hours, but it could have been worse. We are now in the process of working with the DCM and property managers to ensure that we are alerted in case of a power outage to the area. 􀂃 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. o Schedule Status 􀂃 Conducted training with Department heads on goal setting the SMART way. Using the SMART technique (Specific, Measurable, Attainable, Realistic and Timely). The class was both well attended and well received. I have been asked to do a follow up class. Currently I am working with a few Department Heads to help them through the process. 􀂃 Working with Team Positive and the personnel in our Director’s Meeting to set a culture for the city via the “Our Promise” campaign and valuable information we accumulated from the Leadership training session with John Spence. o Travel Activity 􀂃 Mario and Sylvia scheduled to attend MCITP-Technician training in March 􀂃 Ricardo currently attending MCITP recertification. 􀂃 Tristan attended “Better PowerPoint Presentations” course in December. 􀂃 Ron and Tristan scheduled to attend APCO (Association of Public Safety Communications Officials) conference at the end of January 􀂃 Ron and Tristan scheduled to attend FLGISA conference and CCIO Module III training in Orlando first week of February. 􀂃 Sylvia and GP scheduled to attend one day seminar on MS Office 2010 in January. 􀂃 Chas scheduled to attend INAAU ( Avaya Users Group) Conference in April. 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. 2. Staff continues to mow public right-of-ways to ensure that the roadways are aesthetically pleasing. We are also spraying curbing curbing and paved medians for weed control. 3. Two streets crews continue to repair sidewalks throughout the City. Page 153 of 175 4. Staff continues to trim and prune trees citywide, especially during this hurricane season. This also gives residents an added security. 5. We are working towards cleaning and vacuuming all storm basins and drainpipe city wide. 6. Public Works issued 15 permits of which eight for driveways, six for utilities and one for paving. 7. Solo Construction Corporation continues working on the “Neighborhood Improvements-Kings Garden I & II Construction Project”. The contractor is working on drainage installation, sidewalk and curbing repairs. The alleys from the north part of the project area will begin to be paved this month. 8. On December 4, 2009 the City of Miami Gardens received notice to proceed for two of LAP Roadway Improvements ARRA projects. The Local Agency Program (LAP) agreements were signed and we are now fully authorized to proceed to advertise these two project bundles. The two projects were advertised for bid on December 9, 2009. The third project is pending MPO authorization. Staff has submitted all documentation required by FDOT. 9. Staff is continuing working with Turnpike Authorities on communicating and assuring minimum impact on the community during the construction of the noise wall. The installation of the noise wall along Turnpike started on NW Sunshine State PKWY East. As of November 14, 2009 the Contractor has completed setting 15 templates and is currently working on performing test pile demonstration. Full production is anticipated to start within couple days with the installation of 12 piles per day. The current schedule completion date is: February 12, 2010. 10. URS Corporation completed the 60% design phase for construction of the new road: NW 25 Ave between NW 163 Street and NW 165 Terrace. On December 8, 2009 staff meet with URS to discuss comments received from City’s Public Works Department and Miami Dade County Traffic Division. 11. 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. The project is currently under the design phase which is estimated to be completed at the end of January 2010. 12. Public Works issued 12 permits of which four for driveways, five for utilities and one three for paving. 13. The Director met with City Pastors to give them an update on NW 7 Avenue Road Improvement Project. Page 154 of 175 14. The NW 7 Avenue Road Improvement Project Plans are close to completion; however, our consultant is waiting for a survey study of the corridor from the County. Project is scheduled to start after the Superbowl. 15. Staff met with Calvin Giordano & Associates in regards. Miami Gardens Drive Beautification Project 2nd phase from NW 27 Avenue to NW 47 Avenue. Staff reviewed the landscaping and irrigation plans. Calvin Giordano & Associates will be submitting the landscaping plans to FDOT, DERM, and WASD for review. KEEP MIAMI GARDENS BEAUTIFUL (Tsahia Codner) University of Central Florida Grant • Currently writing grant KAB /FDOT Grant • $13,000 • Submitted Winter Beautification Award Selecting winners Arbor Day Planning events Make A Difference Day • UPS corporation has signed on • Completed-very successful AmeriCorps Volunteer Day • Successfully completed Super Cleanup 2010 • Planning event Landscape Maintenance • 441-North Side-the first 5 medians have been fully landscaped with drought resistant material (bougainvillea, green island ficus, red tipped coco plums and variegated aboricolas). Plans are in the works to plant out the next few medians. • Shade trees from NW 47 Ave-NW 2 Ave are being pruned along NW 183rd street. • Prepping NW 157 Street for installation of over 60 Large Oak Trees • All of the Maui Ixoras (yellow) along NW 27th Ave are being replaced with coco plums and Thai red ixoras. • All irrigation systems are on line on NW 27 Ave and sound wall. • Working on replacing damaged palms hit by cars on NW 27 Ave. • 200 large magnolia trees will be delivered this month for street tree planting • All large city signs have been planted with vibrant flowers and will be decorated for the Holidays. NW 27 Ave light posts are being decorated with Holiday Banners. Punch list items for Super Bowl • Crews are currently working to complete. Page 155 of 175 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) • Submitting Miami Dade County DERM Permit for approval Florida Turnpike Authority (FTA) 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 • Working with FDOT to have 23 of the Royal Palms from 441translpant to the same site. -Completed Community Beautification projects • Ongoing • 2 major community projects completed this month 2009 PSA TV Commercial in production Completed 2009 Radio PSA ASSISTANT CITY MANAGER (Daniel Rosemond) 􀂾 Proposed cell phone tower (public meeting) – The cell phone provider, TMobile had obtained an unusual use variance approval from the Zoning Board. Subsequent to this approval, their representatives had been negotiating with City staff on the terms of the lease. In between that time, several residents of the area have come to Council meetings and expressed concern over the proposed tower. It was determined that it would be prudent to host a workshop where residents had an opportunity to ask T-Mobile representatives questions about the perceived danger of a cell phone tower. That meeting took place on the 17th of November and approximately 25 residents attended. 􀂾 City of Miami Gardens-Youth Sports-Along with the Parks Director, we have been ironing out the details of the transition from the various optimist clubs into the City’s Parks & Recreation Department. The new program will be named City of Miami Gardens Youth Sports. Letters to all of the parents of children that participated in optimist football were sent out to advise them of the change. The Parks & Recreation Department has set up a dedicated information phone line for inquiries, and we will be moving forward with a comprehensive marketing campaign to convey the changes that will take place with this transition. 􀂾 Fleet cost control initiatives-With the acquisition of a fleet software program, our Fleet Manager is working on innovative ways to manage our costs of fuel and vehicle repairs. As the city’s workforce continues to grow, fuel costs and repairs need to be properly managed to ensure efficiency. Each department is now being provided a monthly report of fuel usage for their review and evaluation. We are also looking into vehicle tracking devices that will allow us to identify the locations of vehicles. 􀂾 Land Development Regulations-P & Z staff is in the final stages of completing the draft LDR’s. This document is being completed with the assistance of our consultant (The Page 156 of 175 Mellgren Planning Group), and with extensive input from all City Departments as it pertains to issues of concern. Since the City’s incorporation, we have been using the Miami Dade County Code which is confusing and not user-friendly. Staff anticipates having this document to Council for first reading at the January 6, 2010 Zoning Board meeting. 􀂾 Consolidated Annual Performance and Expenditure Report (F.Y. 08/09)-As required by U.S. HUD, every entitlement community receiving Community Development Block Grant Funds is required to submit a CAPER 90 days after the end of each fiscal year. The City has once again complied with this requirement and anticipates receiving a satisfactory rating from HUD in terms of our accomplishments during this period. Two public hearings were scheduled for the public to attend to review this document. 􀂾 Energy Efficiency Community Block Grant -As reported last month, the City was awarded $989,200 from the Department of Energy. During this reporting period, Community Development staff worked diligently with all city departments to establish the activities to be reflected in the required strategy document. The due date for this document is January 5, 2010. Upon receipt , the DOE has 60 days to review and approve the document and will then release the allocated funds for the city to be able to use to implement the proposed activities. Participated in the following meetings: • Interviews for Parks Athletic Supervisor • Energy Efficiency “scoping” meeting (with Shaw Environmental and various departments) • Neighborhood Stabilization Program Symposium (Broward Housing Partnership) • Discussion of proposed charter school (with Vice-Mayor and Adam Horowitz) • Gift card presentation (with Councilman Bratton) REREATION DEPARTMENT (Kara Petty, Director) A.J. King Park • There are thirty-one children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. etc. In addition, certified teachers improve their reading, math and science skills. • There is line dancing taking place on Wednesday, Thursday and Friday nights from 6:30pm until 8:00pm. • Optimist season has concluded. • Every Tuesday and Thursday morning from 9-10:30am, participants are engaged in Chair Yoga promoting exercise and health. • There was a vehicle break-in during the month. Brentwood Park • There are thirty-seven children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Optimist season has concluded. Page 157 of 175 • The senior program takes place on Monday mornings and is at capacity with 50 seniors registered. There was a presentation to 35 seniors on November 30th There were 39 participants who attended the Christmas Pageant on December 3rd. • Brentwood Park hosted the League of City’s Turkey giveaway on November 24. There were about 150 participants for this event. • The Festival of Carols was held on December 12. There was a toy giveaway, fireworks, music, food and a movie as part of the holiday festivities. • The department held another successful parking lot sale on December 12. All 50 slots were filled and there was a very high attendance. Buccaneer Park • There are eleven children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • 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. • 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. This month the seniors went to the Christmas Pageant. • On Wednesday mornings from 10:00am-12:00pm, the seniors engage in exercising and arts and crafts. Bunche Park • There are fourteen children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Optimist season has concluded. • The senior program takes place on Friday mornings. This month the seniors attended the Christmas Pageant on December 3rd. Cloverleaf Park • The senior program takes place on Wednesday mornings. This month the seniors went to the Christmas Pageant. 􀂃 Line dance class is being held on Monday, Thursday, and Fridays. Lake Lucerne Park/Bennett M. Lifter Park • There are sixteen children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Lake Lucerne Dance class continues with 6 participants in the ballet class and 6 in the hip hop class. • Line Dance is held on Tuesday and Thursday evenings with 15 participants. Miami Carol City Park • There are twenty-four children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Optimist season has concluded. • Walkers exercise around the park starting at 6:00a.m. Page 158 of 175 Myrtle Grove Park • There are eight children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Optimist season has concluded. They held a turkey giveaway on November 23. Norwood Park • There are thirty-six children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • Optimist season has concluded. Rolling Oaks Park • There are forty-two children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. • The senior program takes place on Thursday mornings and is at capacity with 85 seniors registered. There were 37 participants who attended the Christmas Pageant on December 3rd. There was a health presentation to the seniors on December 10th. Scott Park • There are forty children enrolled in the Shining Stars After-School program. The children are engaged in various activities such as homework assistance, arts & crafts, creative indoor and outdoor activities, chess, etc. In addition, certified teachers improve their reading, math and science skills. 􀂃 Scott Park has daily walkers in the morning and evenings Monday thru Friday. 􀂃 Optimist season has concluded. Vista Verde Park • Vista Verde drop-in After-school program has begun. There are 5children enrolled in the program. 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. Teens Program 􀂃 Teens Program has 22 kids registered and there is an average of 16 kids in attendance. The Teens enjoy daily indoor/outdoor activities, chess, and a variety of field trips. Active recruitment for the TLA program continues The Government Track will wrap up shortly and the Sports and Entertainment Track will begin. • Teens Night Out is an event where the teens come out to eat, socialize, and watch a movie. There is a teen’s night out on the second Friday of the month. Athletics • Sports Development: Goal Setters Soccer program has begun. The program takes place at Scott Park on Saturdays. We have 21 participants registered. We also have a soccer pro volunteer who is giving back to the community. Registration for Hoops 4 Kids began on November 2, 2009. • Tennis: City of Miami Gardens Parks and Recreation is a part of the Tennis in the Parks Community in 2009. This promotes tennis participation throughout the community in hopes of youth and adults to find an appreciation for tennis. Page 159 of 175 • Saturday Tennis: City of Miami Gardens Parks and Recreation Department runs a Saturday Tennis Program for kids ages 5-12. The program is run by an experienced and former collegiate tennis player. Kids learn the fundamentals of strokes, techniques, and rules of tennis. We currently have 18 participants. The program is year round. • Adult Tennis: We currently have 12 enrolled 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 will begin its first ever youth competitive basketball team playing in the Dade Youth League at Northwest Boys Club. The age groups will be 9 and under, 11 and under, 13 and under, and 15 under. Registration began November 2, 2009. • Walking Club: The Walking Club currently has 46 members and we are meeting monthly. • Optimist: Optimist season has now come to an end. These were the champions in football and cheerleading: Football o North County Rams Peewee(South Florida Youth Football League Division 2) o Bunche Park Cowboys Peewee (South Florida Youth Football League Division 1) o Golden Glades Panthers Peewee (Miami Extreme Youth Football League) o Miami Gardens Chargers 120 lbs (South Florida Youth Football League Division 1) Cheerleading o Scott Lake Vikings Peewee, 80 lbs, 90 lbs, 110 lbs (South Florida Youth) o North Dade Bulldogs 100 lbs, 135 lbs (South Florida Youth) o Golden Glades Panthers 140 lbs (Miami Extreme Youth) Recreation Staff Trainings November 17: Active Net software training given by Recreation staff November 17: Basic Computer training given by IT to Recreation staff December 5: Socci Athletic program training Recreation Meetings November 19: Miami Carol City Construction Meeting November 24: Meeting with Anthony Robinson-Taste of Miami Gardens December 3: Miami Carol City Construction Meeting December 10: Meeting with Aundray Adams, The Children’s Trust December 14: Division meeting with Danny Rosemond Meetings November 15, 2009 – December 15, 2009 Page 160 of 175 11/17: Art in Public Places 11/17: Management Team 11/17: Energy Efficiency Strategy 11/18: Bunche & Rolling Oaks Park Improvements 11/25: Management Team 11/30: Art in Public Places 12/1: Youth Sports 12/1: Miami Gardens Community Center 12/2: Management Team 12/2: Energy Efficiency Strategy 12/3: Agenda Review 12/3: Eden Users Group 12/8: Management Team 12/10: Miami Gardens Community Center 12/10: Capital Improvements 12/11: Energy Efficiency Strategy Trades A J King Park o 11/17 painted the baseboards on the walls and doors o 11/17 waxed & buffed the floors o 11/23 pressure cleaned the graffiti on the playground, sidewalks and the door of the building o 11/25 Changed the timer on the security and parking lot lights Andover Park o 11/24 painted the basketball goal posts Bennett M. Lifter Park pick trees rentwood P&P the trees around the park erty due to sharp metal object that is laced three light bulbs on the parking lot poles ol d the outside of the building tlet cover y lights uccaneer Park the security lights around the building and parking lot timer o 11/15 used the Bobcat to Bo 11/17 trimmed o 11/18 removed the fire truck from prop exposed o 11/18 rep o 11/19 checked the ice machine (not making ice) o 11/19 repaired the north light on the roof of the po o 11/19 reset the timer o 11/20 pressure washe o 11/20 supplies requested o 11/24 replaced electrical ou o 11/25 switch the breaker on the securit Bo 11/25 checked (replaced one bulb) Page 161 of 175 Bunche P&P d a bench with the Bobcat machine hor out of the ground ity Hall/Park & Rec. Office loverleaf Park the cover of an electrical outlet spection Station st sleeve caps g iami Carol City Park al post iami Job Corp t. Herman ve P&P quested ioner (leaking/not blowing air) wer) orth Dade Opt orwood P&P ublic Works isco Park olling Oaks Park tball poles need padding ailer t Rolling Oaks ing ordered 2nd cott Park oved goal posts and stored them in the compound o 11/16 move o 11/18 removed the field goal posts o 11/30 removed goal posts & the anc C Co 11/24 replaced In o 11/25 cut goal po o 11/30 relocate equipment o 12/4 rainy day, light cleanin MGPD Mo 11/23 remove the go M M Myrtle Gro o 11/23 supplies re o 12/2 checked the air condit o 12/2 checked the power outlet inside of the building (no po N N P R Ro 11/16 three baske o 11/24 air conditioner inoperable in the first tr o 12/1 took four metal benches to the tennis courts a o 12/2 toddler swing is broken with pieces of metal sticking out (sw request) request) So 11/17 rem o 11/19 supplies requested o 11/23 supplies requested 1 Page 162 of 175 Vista Verde Park Maintenance J King Park visits to clean up park site grounds ndover Park visits to clean up park site rts) ennett M. Lifter Park clean up park site d grounds d grounds rentwood P & P ool) Janitorial visits to clean up park site ot lot, tennis courts) g visits t & detailed grounds uccaneer Park its to clean up park site grounds Ao 20 Janitorial o 0x Premises blown o 0x Landscaping visits o 0x Herbicide grounds o 0x Grass cut & detailed o 20 Trash removal Ao 19 Janitorial o 1x Blow out the walkway and tot-lot area o 0x Premises blown pool (tot lot, tennis cou o 1x Grass cut & detailed grounds o 0x Landscaping visits o 19 Trash removal Bo 20 Janitorial visits to o 2x Blow out the walkway and tot-lot area o 0x Landscaping visit o 0x Grass cut & detaile o 0x Herbicide grounds o 0x Grass cut & watere o 20 Trash removal B o 25 (park) & 18 (p o 1x (pool) Premises blown o 1x (park) Premises blown (t o 1x (park) Stripped & Waxed o 0x(park), 0x(pool) Landscapin o 0x (pool) Herbicide grounds o 0x (park) & 0x (pool) Grass cu o 25 (park) & 18 (pool) Trash removal Bo 24 Janitorial vis o 1x (park) Premises blown o 0x Landscaping visits o 0x Herbicide grounds o 0x Grass cut & detailed o 24 Trash removal 2 Page 163 of 175 Bunche P&P o 20 (park) & 20 (pool) Janitorial visits to clean up park site o 0x (park) Premises blown o 1x (park) & 1x (pool) Landscaping visits o 1x (park) & 0x (pool) Herbicide grounds o 0x (park) & 1x (pool) Grass cut & detailed grounds o 20 (park) & 20 (pool) Trash removal Bunche – 15620 W. Bunche Park Drive o 19 Janitorial visits to clean site o 2x Grass cut & detailed grounds o 0x Landscaping visits o 19 Trash removal MGCC Acreage o 16 Janitorial visit to clean up site o 0x Landscaping visits o 0x Grass cut & detailed grounds o 0x Herbicide grounds o 16 Trash removal City Hall (Suite 300) o 0x Janitorial visits Cloverleaf Park o 20 Janitorial visits to clean up park site o 1x Blow out the walkway and tot-lot area o 0x Landscaping visit o 1x Grass cut & detailed grounds o 0x Herbicide grounds o 20 Trash removal Inspection Station o 0x Janitorial visits to clean up site o 0x Grass cut & detailed grounds o 0x Herbicide grounds o 0x Landscaping visits o 0x Trash removal Jordan’s Landing o 0x Grass cut o 0x Herbicide grounds MGPD o 0 Janitorial visits to clean up site o 0 Trash removal 3 Page 164 of 175 Miami Carol City Park o 25 Janitorial visits to clean up park site o 1x Premises blown o 1x Stripped & Waxed o 1x Landscaping visits o 0x Herbicide grounds o 0x Grass cut & detailed grounds o 25 Trash removal Miami Job Corps o 0x Janitorial visits to clean up park site o 0x Landscaping visits o 0x Premises blown o 0x Grass cut & detailed grounds o 0x Trash removal Mt. Herman House (Church) o 19 Janitorial visits to clean up o 0 Grass cut Myrtle Grove P&P o 19 (park) & 0 Janitorial visits to clean up park site o 0 & 0 Detailed grounds o 0x Grass cut o 19 (park) & 0 Trash removal North Dade o 20 Janitorial visits to clean up park site o 0x Landscaping visits o 0x Grass cut & detailed grounds o 0x Premises blown o 20 Trash removal Norwood P&P o 20 (park) & 14 (pool) Janitorial visits to clean up site o 2x (park) Blow out the walkway and tot-lot area park o 0x (park) & 0x (pool) Grass cut & detailed grounds o 0x Landscaping visit o 0x Herbicide grounds o 20 (park) & 14 (pool) Trash removal Parkway Middle School School o 0 Janitorial visits to clean up park site Risco Park o 18 Janitorial visits to clean up park site o 1x Premises blown 4 Page 165 of 175 o 0x Landscaping visits o 0x Grass cut & detailed grounds o 0xHerbicide grounds o 18 Trash removal Rolling Oaks Park o 20 Janitorial visits to clean up park site o 2x Blow out the walkway and tot-lot area o 0x Stripped and Waxed the trailer o 0x Grass cut & detailed grounds o 20 Trash removal Scott Park o 19 Janitorial visits to clean up park site o 0x Premises blown o 2x Landscaping visits o 0x Herbicide grounds o 0x Stripped & Waxed o 1x Grass cut & detailed grounds o 19 Trash removal Vista Verde Park o 19 Janitorial visits to clean up park site o 1x Premises blown (tot lot) o 0x Herbicide grounds o 0x Grass cut & detailed grounds o 19 Trash removal 201st Street and 39th Ave. 20357 NW 38th Court 183rd and 12th – 17th Avenue o 0x Janitorial visits to clean up park site o 1x Grass cut & detailed grounds o 0x Herbicide grounds o 1x placed mulch around the trees o 0x Trash removal 􀂾 All park irrigation systems checked and repaired PLANNING & ZONING (Jay Marder, Director) LAND DEVELOPMENT REGULATIONS -Cyril Saiphoo, Nixon Lebrun, Jay Marder, Bhairvi Pandya • Completed all articles, first draft of LDR for public hearing of January 6. • Coordinated review with City Managers, City Attorney, city staff and consultant. 5 Page 166 of 175 PLANNING – Jay Marder, Bhairvi Pandya • Water Supply Facilities Amendment to Comprehensive Development Master Plan – Compliant per DCA. • Capital Improvements Element Update – Completed the required annual capital improvements list update for first reading on January 6, 2010; adoption hearing scheduled for February 2010. ZONING – Jay Marder, Cyril Saiphoo, Nixon Lebrun, Marilu Gunness, Jacquelyn Gardner • Public Hearings o Received executed declaration with stipulations and conditions to JPM, Inc. for execution. o Met with Marcia Reid and her architect for setback variances for single family residence in anticipation of February Zoning Hearing. This item was deferred from the November Zoning Meeting. o David Fenton Hearing – Auto storage for Warren Zinn dealership located in multiple family residential zoned tower site. o Jorge Aburto – Single family home variance • Moratoriums – Drafted agenda memorandums for second readings on extension of moratoriums for January 13. o Places of Public Assembly o Multi-Family Housing o • Plats o Pentecostal Tabernacle Tentative Plat o 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 Conducted 60 building plan reviews o Conducted 10 site inspections • Certificate of Uses o Reviewed 32 Certificate of Use/Occupational License Applications • Re-occupancy – Prepared 5 re-occupancy certificate memorandums • • Sign Code Permits o Six (6) sign plans processed o Five (5) Temporary sign permits processed • Zoning Verification Letters 6 Page 167 of 175 o Processed one (1) Zoning Verifications • Address Assignments o Four (4) new Address Assignments • Group Homes o Processed five (5) Group Homes (Community Residential Home) 1,000’ radius verification letters o Compiled and updated a contacts list on police calls and code enforcement data on group homes o Updated group home database including homes open in the city, homes that were approved, and homes that were denied • Code Enforcement o Met in December with Code Compliance to confirm procedures for Certificate of Re-Occupancy ordinance subsequent to October program launch • St. Monica’s Elderly Housing Project – Coordination of TCO stipulations with Building and Public Works EDEN – Marilu Nava, Bhairvi Pandya • Parcel Refresh – CASS (address verification) training conducted by Tyler Technologies. This training verifies multiple addresses entered in the EDEN system, collates them under one verified address and is a required step towards completing the Parcel Refresh process. Commenced practice tests including CASS Testing process for zipcode 33056 in TEST mode. Repeating processes due to system crashes during CASS Testing. • Completed modifying Routing Queues for Group Homes • Working on redoing routing queues for Sign Permits GIS – Bhairvi Pandya • New Zoning Map – Drafted new Zoning Map for the City’s Land Development Regulations • Group Home maps -Completed 10 group home maps (Nixon Lebrun) with a 1,000 ft. radius • Public Hearing maps-2 • Planning, Zoning and GIS website – Ongoing coordination with IT; all content provided to IT 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 7 Page 168 of 175 March 3, 2010. This involves bike paths, sidewalks and similar facilities. The Public Works Department has a program for sidewalk improvements that qualifies for this program. In addition, per Capital Projects and Assistant City Manager Nelson, the City’s Recreation Trails Plan reflects an exercise trail for Rolling Oaks Park. The basic trail and its lighting will also qualify for this transportation program. Staff is attending a workshop on January 7, 2010 at which the program guidelines by the MPO will be explained. Staff will then prepare the application. COMPLETE COUNT CENSUS CAMPAIGN – Jay Marder 1. Project Management assigned in mid-November 2009; City staff team includes Antranette Pierre and Ula Zucker 2. Strategic Plan/PR Message -Tagline “Stand Up! Be Heard! Be Counted!” is being used as developed by Marome Agency. 3. Major Events to highlight Census Campaign include: a. Dr. Martin Luther King, Jr. Celebration, January 18 b. Census Job Fair at City Hall, February 4 c. Miss Miami Gardens Pageant, February 28 d. Jazz in the Gardens, March 20, 21 e. Sunday, March 28, 2010 at the Walmart on 27th Avenue. Location confirmed as is Census staff participation. 4. Timeline, action plan and milestones established. 5. Media to include local periodicals such as Caribbean Weekly and Miami Times; radio stations such as 99 Jamz, HOT 105fm; Strategically placed robocall messages by Mayor such as targeting the January 18 MLK event. 6. English, Spanish and Creole Messages – Developed translations of City’s Census Announcement/Article. 7. Banners being fabricated. 8. Budget – Developed campaign budget 9. Schools -Met with Region Superintendent re: partnering with local schools. Letters sent; Morning announcement script from Progressive Young Adults (PYA) planned for schools. 10. City Committees -Met with: Elder Affairs, MLK Celebration, Progressive Young Adults, Commission for Women, and Miami Gardens Junior Council to (1) inform them of the upcoming census and its importance and (2) request their assistance to act as ambassadors in distributing information. a. MLK Committee: Presented the City’s Census Campaign; Committee endorsed Campaign’s presence at Celebration. b. City’s Commission for Women: Presented Census Campaign and materials at Nutrition Workshop in December 8 Page 169 of 175 c. Parks and Recreation Advisory Committee December meeting canceled; will attend January 21 meeting. 11. City Departments a. Department Director Meeting -On December 14th requested assistance in coordinating census campaign efforts. Code Enforcement will distribute flyers via code officers. Parks will distribute flyers and posters at each park facility and various events including upcoming Mike McKenzie toy/food giveaway. b. Police Department’s Community Enrichment Team: Met with team which will undertake: i. Housing Development Outreach -Team will provide on-the-ground awareness to subsidized and other multiple family housing developments over the January-March period of the campaign ii. Distribute materials at events such as Shop-with-a-Cop in December; Will distribute Census materials at additional events iii. Reverse 911 System installed at Police Department may be utilized one time for telephone tag-line messages to residents. 12. Faith-Based Outreach a. Pastors’ Association – Met with them in December i. City staff to deliver short Census Message on January 10 at Pentecostal Tabernacle Church on 7th Avenue. ii. City staff to deliver short Census Message on January 17 at Holy Family Episcopal Church on 7th Avenue. b. Letters sent to Churches: Continuing follow up by calling and contacting individual churches. c. Flyers delivered to Antioch MB Church of Carol City, First Baptist Church of Bunche Park and New Way Fellowship. 13. Home Owners Associations – Letters sent; follow up by phone. 14. Census Committees/Coordination a. North Miami Committee. Staff received a request to partner with North Miami with several other cities to increase census awareness. Attended first meeting held 12/17/09. We obtained Creole and Spanish text from NM’s banner. Our Events and Media will determine our ability to partner with NM on Caribbean media. b. Miami-Dade Complete Count Committee 15. Census Bureau -City provided census job test sites (3x). 16. Other Events a. Front Porch Monthly Meeting, Staff scheduled to present on on 1/13/10. b. Small Business Workshop, 1/26 17. City’s Census Website – IT purchased domain; Initial layout established; staff has forwarded content to IT; anticipate a January launch. 18. City inserted Census job link onto City’s home webpage. 19. City (Events and Media) sent email blast to over 6,500 email addresses re: Census jobs. 9 Page 170 of 175 20. Administrative Support – Jacqueline Gardner a. Typing letters and memos in English, Spanish, and Creole b. Ordering supplies c. Process PO’s for banner and other items d. Monitor and compile census-related expenditures e. Packaging/processing Census flyers, posters, pamphlets, and information. FLEET SERVICES (David Motola) o Fleet Management Software installed on the Fleet Department computers. o Awaiting installation of modules by IT (interface, communication) o Software vendor currently working on uploading fleet information to include: 􀂃 Unit number 􀂃 Vehicle identification number 􀂃 Vehicle description 􀂃 Warranty start date 􀂃 Extended warranty coverage 􀂃 Preventative maintenance history for the past three months o Employee training and launch scheduled for early January 2010 o Fuel Reporting – with the new fuel card system each department received a monthly detailed report of usage by vehicle that also reflected a cost per mile. This report will be generated monthly and once a base line is established it will be used to identify vehicles /drivers that reflect areas for improvement. 􀂃 IT to work with Fleet to integrate fuel reporting into Fleet Management Software. 􀂃 Arranged for lost fuel cards to be replaced. o Collision Repair Process – worked closely with Risk and PD to come to an agreement for a collision repair process that details step by step the procedure from review to repair to completion. o Out of Service Decals ordered– The decals were ordered so that out of service vehicles can be labeled to provide the reason, repair instructions, and designate repair provider. It is intended to be a communication tool both within the department, vendors, and insurance appraisers. o Vehicle Procurement – worked closely with Purchasing to finalize bid, and receive council approval for purchase for 32 vehicles. Requisitions submitted accordingly. 10 Page 171 of 175 o Public Works – Reviewed with City Management a cost benefit analysis of replacing a second Backhoe with a chronic record of breakdowns, procurement approved by City council. o Worked with purchasing to review City of Miami Service contract with Maroone Ford of Miami to ensure that it was competitively bid in order for us to “piggy back” for general automotive repairs o Worked with purchasing and procured two welding vendors for various welding needs. o Identified a service provider to perform preventative maintenance on the Police Mobile Command Vehicle, this vendor is also less expensive than the current vendors we use for truck service. Their turnaround time is faster as well. Note sent to Purchasing to add an addendum to the Purchase order to include general truck service repairs as well. o Worked with Parks and Recreation to have a trailer hitch installed on Unit 2090 to aid in workers being more efficient. o Community Safety Forum held on 11/17/09 at Bunche Park by The Elderly Affairs Committee and CMG, the Fleet Department made a presentation to young school children regarding vehicle safety and had a vehicle on display. o Fleet Manager performed weekly lot checks, identifying vehicles that were left unlocked and notifying department heads. o Energy Efficiency – The Fleet Manager participated in both Energy Efficiency Strategy meetings. Submitted a Hybridization proposal to increase the number of numbers Hybrid vehicles in the fleet, a program that is “wrench” ready and would meet the federal government’s timeline requirements. o Fleet Manager conducted a review of Building & Code Enforcement vehicles for cleanliness. o Track repair and receipt of parts from Italy for the repair of the Terex Backhoe. o Arranged for the repair of the “Arrow Board” damaged in a collision. o Fleet Admin. contacted vendors for monthly accounting statements to research and reduce invoices from becoming past due. 11 Page 172 of 175 o Fleet Admin. worked with Public Works in getting two new trailers registered, tagged and insured. o Unit 2042 involved in a collision and disposed of as salvage by our insurance provider. o Unit 73208 approved by the City Council for salvage due to extensive frame damage. o Maintain spare tire and hubcap inventory for Police vehicles. • 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 bi-weekly Holiday Committee meetings for upcoming CMG Christmas party. o Fleet Admin. attended monthly Web Steering Committee meeting for new City website design. 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 departments’ 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 estimates of crashed vehicles and forwarded to Risk Management for review. 12 Page 173 of 175 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. BUILDING DIVISION (Sharon Rangoonan) REVENUES: Building Permits $ 235,238.87 Certificate of Occupancies (CO) 2,654.52 40 Year Recertification 0.00 TOTAL $ 237,893.39 EXPENDITURES: Salaries & Wages $ 212,452.53 Personnel Benefits 56,289.23 Contract Services 4,387.50 Operating Expenditures/Expenses 3,459.88 Operating Expenditures/Expenses 2,996.92 Capital Outlay 0.00 Other Uses 0.00 TOTAL 279,586.06 PERMIT APPLICATIONS SUBMITTED: Building 260 Certificate of Occupancies 13 Demolition 5 Electrical 122 MDC Permit Closures 3 Mechanical 57 Plumbing 78 TOTAL 538 INSPECTIONS PERFORMED: Building 442 Electrical 248 Mechanical 74 13 Page 174 of 175 14 Plumbing 177 TOTAL 941 UNSAFE STRUCTURES CASES: Issued 8 Board Hearing 0 TOTAL 8 MONTHLY REPORT TO CENSUS BUREAU FOR NEW CONSTRUCTION: Commercial Permits 0 Total – Construction Value $ 0.00 Residential Permits 0 Total – Construction Value $ 0.00 M AJOR PROJECTS: 1. Mercedes Benz 2. D R Horton Coconut Cay 3. WSVN Channel 7 Transmittal Building 4. Calder Race Track and Casino 5. Action Plan: Priorities and Initiatives 6. Overhaul of Permit Process in EDEN 7. Tamel Gun Range Page 175 of 175